INSTRUCTION
stringlengths 30
479k
| RESPONSE
stringlengths 1
35.4k
| SOURCE
stringclasses 8
values |
|---|---|---|
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Credits for Jobs Now Act of
2010''.
SEC. 2. CREDIT FOR INCREASING EMPLOYMENT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36A the following new section:
``SEC. 36B. CREDIT FOR INCREASING EMPLOYMENT.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle--
``(1) for any taxable year beginning in 2010, an amount
equal to 60 percent of the excess of--
``(A) the aggregate wages paid during 2010, over
``(B) the aggregate wages paid during 2009, and
``(2) for any taxable year beginning in 2011, an amount
equal to 40 percent of the excess of--
``(A) the aggregate wages paid during 2011, over
``(B) the aggregate inflation-adjusted wages paid
during 2010.
``(b) Higher Credit for Increased Employment in States With High
Unemployment.--
``(1) In general.--The amount of credit allowable by
subsection (a) (without regard to this subsection) shall be
increased by--
``(A) 30 percent of the increased high unemployment
State wages for any taxable year beginning in 2010, and
``(B) 20 percent of such wages for any taxable year
beginning in 2011.
``(2) Definitions.--For purposes of this subsection--
``(A) Increased high unemployment state wages.--The
term `increased high unemployment State wages' means,
with respect to each high unemployment State, the
excess which would be determined under subsection (a)
for the taxable year (after the application of
subsections (e) and (f)) if only wages paid to
qualified employees with respect to such State were
taken into account.
``(B) Qualified employee.--The term `qualified
employee' means, with respect to any State, any
employee of an employer if--
``(i) substantially all of the services
performed during the taxable year by such
employee for such employer are performed within
such State in a trade or business of the
employer, and
``(ii) the principal place of abode of such
employee while performing such services is
within such State.
Rules similar to the rules of paragraphs (2) and (3) of
section 1396(d) shall apply for purposes of this
subparagraph.
``(C) High unemployment state.--The term `high
unemployment State' means any State having an
unemployment rate (using the most recent available
data) as of the beginning of the taxable year for which
the credit is being determined of at least 8.5 percent.
``(3) Maximum wages taken into account.--The aggregate
increased high unemployment State wages which may be taken into
account with respect to all high unemployment States for any
taxable year shall not exceed the excess determined under
subsection (a) for such year.
``(c) Maximum Credit.--The amount of the credit allowable under
this section for any employer with respect to any calendar year shall
not exceed $500,000.
``(d) Special Rules for Employers Which Are Exempt From Income Tax
or Which Have Insufficient Income Tax Liability.--
``(1) In general.--In the case of an employer to which this
subsection applies for any payroll period, the payroll taxes
otherwise required to be paid to the Secretary with respect to
such payroll period shall be reduced (but not below zero) by
such period's proportionate share of the employer's estimated
credit under subsection (a) for the taxable year which includes
such period.
``(2) Employers who which subsection applies.--This
subsection shall apply to--
``(A) any employer which is exempt from tax under
section 501(a), and
``(B) any employer which estimates that the tax
imposed by this subtitle for the taxable year will not
exceed the credit allowable under subsection (a) for
such year.
``(3) Payroll taxes.--For purposes of this subsection, the
term `payroll taxes' means--
``(A) amounts required to be deducted and withheld
for the payroll period under section 3401 (relating to
wage withholding),
``(B) amounts required to be deducted for the
payroll period under section 3102 (relating to FICA
employee taxes), and
``(C) amounts of the taxes imposed for the payroll
period under section 3111 (relating to FICA employer
taxes).
``(4) Amounts treated as paid to secretary.--The amount of
the reduction under paragraph (1) shall be treated as paid to
the Secretary on the day such amount would be required to be so
paid without regard to this subsection.
``(5) Reconciliation.--
``(A) In general.--If there is a reduction under
this subsection for 1 or more payroll periods ending
during a taxable year, then the tax imposed by this
chapter for such taxable year shall be increased by the
aggregate amount of such reductions.
``(B) Reconciliation.--Any increase in tax under
subparagraph (A) shall not be treated as tax imposed by
this chapter for purposes of determining the amount of
any credit (other than the credit under subsection (a))
allowable under this part.
``(e) Minimum Preceding Year Wages.--For purposes of subsection
(a)--
``(1) the amount taken into account under paragraph (1)(B)
thereof shall not be less than 50 percent of the amount
described in paragraph (1)(A) thereof, and
``(2) the amount taken into account under paragraph (2)(B)
thereof shall not be less than 50 percent of the amount
described in paragraph (2)(A) thereof.
``(f) Total Wages Must Increase.--The amount of credit allowed
under this section for any taxable year shall not exceed the amount
which would be so allowed for such year (without regard to subsection
(e)) if--
``(1) the aggregate amounts taken into account as wages
were determined without any dollar limitation, and
``(2) 103 percent of the amount of wages otherwise required
to be taken into account under subsection (a)(1)(B) or
subsection (a)(2)(B), as the case may be, were taken into
account.
``(g) Wages; Inflation-Adjusted Wages.--For purposes of this
section--
``(1) In general.--Except as provided in paragraph (2), the
term `wages' has the meaning given to such term by section
3306(b).
``(2) Railway and agricultural labor.--Rules similar to the
rules of section 51(h) shall apply for purposes of this
section.
``(3) Inflation-adjusted wages.--The term `inflation-
adjusted wages' means the aggregate wages paid during 2010
increased by an amount equal to--
``(A) such aggregate wages, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for 2010, determined by
substituting `calendar year 2008' for `calendar year
1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded in such manner as the Secretary shall prescribe.
``(h) Special Rules.--
``(1) Adjustments for certain acquisitions, etc.--
``(A) Acquisitions.--If, after December 31, 2008,
an employer acquires the major portion of a trade or
business of another person (hereinafter in this
subparagraph referred to as the `predecessor') or the
major portion of a separate unit of a trade or business
of a predecessor, then, for purposes of applying this
section for any calendar year ending after such
acquisition, the amount of wages deemed paid by the
employer during periods before such acquisition shall
be increased by so much of such wages paid by the
predecessor with respect to the acquired trade or
business as is attributable to the portion of such
trade or business acquired by the employer.
``(B) Dispositions.--If, after December 31, 2008--
``(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which subparagraph (A)
applies, and
``(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar year ending after such disposition, the amount
of wages deemed paid by the employer during periods
before such disposition shall be decreased by so much
of such wages as is attributable to such trade or
business or separate unit.
``(2) Change in status from self-employed to employee.--
If--
``(A) during 2009 or 2010 an individual has net
earnings from self-employment (as defined in section
1402(a)) which are attributable a trade or business,
and
``(B) for any portion of the succeeding calendar
year such individual is an employee of such trade or
business,
then, for purposes of determining the credit allowable for a
taxable year beginning in such succeeding calendar year, the
employer's aggregate wages for 2009 or 2010, as the case may
be, shall be increased by an amount equal to so much of the net
earnings referred to in subparagraph (A) as does not exceed the
median household income in the United States for 2009 or 2010,
as the case may be.
``(3) Certain other rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 51(f) (relating to remuneration must
be for trade or business employment).
``(B) Section 51(1)(1) (relating to related
individuals ineligible).
``(C) Section 51(k) (relating to treatment of
successor employers; treatment of employees performing
services for other persons).
``(D) Section 52 (relating to special rules).
``(4) Short taxable years.--If the employer has more than 1
taxable year beginning in 2010 or 2011, the credit under this
section shall be determined for the employer's last taxable
year beginning in 2010 or 2011, as the case may be.
``(i) Tax-Exempt Employers Treated as Taxpayers.--Solely for
purposes of this section and section 6402, employers exempt from tax
under section 501(a) shall be treated as taxpayers.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``36B(a),'' before ``45A(a)''.
(c) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36B,'' after ``36A,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36A the following new item:
``Sec. 36B. Credit for increasing employment.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Tax Credits for Jobs Now Act of 2010 - Amends the Internal Revenue Code allow employers a refundable tax credit for increasing aggregate employee wages paid in 2010 over those paid in 2009, and for increasing aggregate employee wages paid in 2011 over those paid in 2010. Increases the rate of such credit for increasing wage payments in high unemployment states (states with an unemployment rage of at least 8.5%). Limits the annual amount of such credit to $500,000. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Protection Agency
Office of Air and Radiation Authorization Act of 1999''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Environmental Protection
Agency; and
(3) the term ``Assistant Administrator'' means the
Assistant Administrator for Air and Radiation of the Agency.
SEC. 3. OFFICE OF AIR AND RADIATION.
(a) In General.--There are authorized to be appropriated to the
Administrator for the Office of Air and Radiation for environmental
research and development and scientific and energy research,
development, and demonstration and commercial application of energy
technology programs for which specific sums are not authorized under
other authority of law $230,116,100 for fiscal year 2000 and
$237,019,600 for fiscal year 2001, to remain available until expended,
of which--
(1) $124,282,600 for fiscal year 2000 and $128,011,100 for
fiscal year 2001 shall be for Science; and
(2) $105,833,500 for fiscal year 2000 and $109,008,500 for
fiscal year 2001 shall be for the Climate Change Technology
Initiative, including--
(A) $39,964,000 for fiscal year 2000 and
$41,162,900 for fiscal year 2001 for Buildings;
(B) $32,702,500 for fiscal year 2000 and
$33,683,600 for fiscal year 2001 for Transportation;
(C) $19,158,000 for fiscal year 2000 and
$19,732,740 for fiscal year 2001 for Industry;
(D) $3,400,000 for fiscal year 2000 and $3,502,000
for fiscal year 2001 for Carbon Removal;
(E) $2,987,000 for fiscal year 2000 and $3,076,600
for fiscal year 2001 for State and Local Climate; and
(F) $7,622,000 for fiscal year 2000 and $7,850,660
for fiscal year 2001 for International Capacity
Building.
(b) Limitation.--None of the amounts authorized under subsection
(a) may be obligated until 30 days after the Administrator submits to
the Committee on Science and the Committee on Appropriations of the
House of Representatives, and the Committee on Environment and Public
Works and the Committee on Appropriations of the Senate, a report
detailing, for fiscal year 2000 and each of the 2 previous fiscal
years, for all Office of Air and Radiation environmental research and
development and scientific and energy research, development, and
demonstration and commercial application of energy technology programs,
projects and activities authorized under this Act, by appropriation
goal and objectives--
(1) a description of, and funding requested or allocated
for, each such program, project and activity;
(2) an identification of all recipients of funds to conduct
such programs, projects and activities; and
(3) an estimate of the amounts to be expended by each
recipient of funds identified under paragraph (2).
(c) Exclusion.--In the computation of the 30-day period described
in subsection (b), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment of more
than 3 days to a day certain.
SEC. 4. NOTICE.
(a) Reprogramming.--The Administrator may use for any authorized
activities of the Office of Air and Radiation under this Act--
(1) up to the lesser of $250,000 or 5 percent of the total
funding for a fiscal year of an environmental research or
development or scientific or energy research, development, or
demonstration or commercial application of energy technology
program, project or activity of the Office of Air and
Radiation; or
(2) after the expiration of 60 days after transmitting to
the Committee on Science and the Committee on Appropriations of
the House of Representatives, and to the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate, a report described in subsection
(b), up to 25 percent of the total funding for a fiscal year of
an environmental research or development or scientific or
energy research, development, or demonstration or commercial
application of energy technology program, project or activity
of the Office of Air and Radiation.
(b) Report.--(1) The report referred to in subsection (a)(2) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action.
(2) In the computation of the 60-day period under subsection
(a)(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more than 3
days to a day certain.
(c) Limitations.--In no event may funds be used pursuant to
subsection (a) for an environmental research or development or
scientific or energy research, development, or demonstration or
commercial application of energy technology program, project or
activity for which funding has been requested to the Congress but which
has not been funded by the Congress.
(d) Annual Operating Plan.--The Administrator shall provide
simultaneously to the Committee on Science and the Committee on
Appropriations of the House of Representatives, and to the Committee on
Environment and Public Works and the Committee on Appropriations of the
Senate, any annual operating plan or other operational funding
document, including any additions or amendments thereto, provided to
any committee of Congress.
(e) Copy of Reports.--In addition to the documents required under
subsection (d), the Administrator shall provide copies simultaneously
to the Committee on Science and the Committee on Appropriations of the
House of Representatives, and to the Committee on Environment and
Public Works and the Committee on Appropriations of the Senate, of any
report relating to the environmental research or development or
scientific or energy research, development, or demonstration or
commercial application of energy technology programs, projects or
activities of the Office of Air and Radiation prepared at the direction
of any committee of Congress.
(f) Notice of Reorganization.--The Administrator shall provide
notice to the Committee on Science and the Committee on Appropriations
of the House of Representatives, and to the Committee on Environment
and Public Works and the Committee on Appropriations of the Senate, not
later than 15 days before any major reorganization of any environmental
research or development or scientific or energy research, development,
or demonstration or commercial application of energy technology
program, project or activity of the Office of Air and Radiation.
SEC. 5. BUDGET REQUEST FORMAT.
The Administrator shall provide to the Congress, to be transmitted
at the same time as the Agency's annual budget request submission, a
detailed justification for budget authorization for the programs,
projects and activities for which funds are authorized by this Act.
Each such document shall include, for the fiscal year for which funding
is being requested and for the 2 previous fiscal years--
(1) a description of, and funding requested or allocated
for, each such program, project and activity;
(2) an identification of all recipients of funds to conduct
such programs, projects and activities; and
(3) an estimate of the amounts to be expended by each
recipient of funds identified under paragraph (2).
The document required by this section shall be presented in the format
employed by, and with the level of detail included in, the document
entitled ``Department of Energy FY 2000 Congressional Budget Request,
DOE/CR-0062, Volume 3'', dated February 1999.
SEC. 6. LIMITS ON USE OF FUNDS.
(a) Travel.--Not more than 1 percent of the funds authorized by
this Act may be used either directly or indirectly to fund travel costs
of the Agency or travel costs for persons awarded contracts or
subcontracts by the Agency. As part of the Agency's annual budget
request submission to the Congress, the Administrator shall submit a
report to the Committee on Science and the Committee on Appropriations
of the House of Representatives, and to the Committee on Environment
and Public Works and the Committee on Appropriations of the Senate,
that identifies--
(1) the estimated amount of travel costs by the Agency and
for persons awarded contracts or subcontracts by the Agency for
the fiscal year of such budget submission, as well as for the 2
previous fiscal years;
(2) the major purposes for such travel; and
(3) the sources of funds for such travel.
(b) Trade Associations.--No funds authorized by this Act may be
used either directly or indirectly to fund a grant, contract,
subcontract, or any other form of financial assistance awarded by the
Agency to a trade association on a noncompetitive basis. As part of the
Agency's annual budget request submission to the Congress, the
Administrator shall submit a report to the Committee on Science and the
Committee on Appropriations of the House of Representatives, and to the
Committee on Environment and Public Works and the Committee on
Appropriations of the Senate, that identifies--
(1) the estimated amount of funds provided by the Agency to
trade associations, by trade association, for the fiscal year
of such budget submission, as well as for the 2 previous fiscal
years;
(2) the services either provided or to be provided by each
such trade association; and
(3) the sources of funds for services provided by each such
trade association.
(c) Kyoto Protocol.--None of the funds authorized by this Act may
be used to propose or issue rules, regulations, decrees, or orders for
the purpose of implementation, or in preparation for implementation, of
the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto,
Japan, at the Third Conference of the Parties to the United Nations
Framework Convention on Climate Change, which has not been submitted to
the Senate for advice and consent to ratification pursuant to article
II, section 2, clause 2 of the United States Constitution, and which
has not entered into force pursuant to article 25 of the Protocol.
SEC. 7. LIMITATION ON DEMONSTRATIONS.
The Agency shall provide funding for scientific or energy or
commercial application of energy technology demonstration programs of
the Office of Air and Radiation only for technologies or processes that
can be reasonably expected to yield new, measurable benefits to the
cost, efficiency, or performance of the technology or process.
SEC. 8. FEDERAL ACQUISITION REGULATION.
(a) Requirement.--None of the funds authorized to be appropriated
by this Act may be used to award, amend, or modify a contract of the
Office of Air and Radiation in a manner that deviates from the Federal
Acquisition Regulation, unless the Administrator grants, on a case-by-
case basis, a waiver to allow for such a deviation. The Administrator
may not delegate the authority to grant such a waiver.
(b) Congressional Notice.--At least 60 days before a contract
award, amendment, or modification for which the Administrator intends
to grant such a waiver, the Administrator shall submit to the Committee
on Science and the Committee on Appropriations of the House of
Representatives, and to the Committee on Environment and Public Works
and the Committee on Appropriations of the Senate, a report notifying
the committees of the waiver and setting forth the reasons for the
waiver.
SEC. 9. REQUESTS FOR PROPOSALS.
None of the funds authorized to be appropriated by this Act may be
used by the Agency to prepare or initiate Requests for Proposals (RFPs)
for a program, project or activity if the program, project or activity
has not been specifically authorized by Congress.
SEC. 10. PRODUCTION OR PROVISION OF ARTICLES OR SERVICES.
None of the funds authorized to be appropriated by this Act may be
used by any program, project or activity of the Office of Air and
Radiation to produce or provide articles or services for the purpose of
selling the articles or services to a person outside the Federal
Government, unless the Administrator determines that comparable
articles or services are not available from a commercial source in the
United States.
SEC. 11. ELIGIBILITY FOR AWARDS.
(a) In General.--The Administrator shall exclude from consideration
for grant agreements made after fiscal year 1999 by the Office of Air
and Radiation, under the programs, projects and activities for which
funds are authorized under this Act, any person who received funds,
other than those described in subsection (b), appropriated for a fiscal
year after fiscal year 1999, under a grant agreement from any Federal
funding source for a project that was not subjected to a competitive,
merit-based award process, except as specifically authorized by this
Act. Any exclusion from consideration pursuant to this section shall be
effective for a period of 5 years after the person receives such
Federal funds.
(b) Exception.--Subsection (a) shall not apply to the receipt of
Federal funds by a person due to the membership of that person in a
class specified by law for which assistance is awarded to members of
the class according to a formula provided by law or under circumstances
permitting other than full and open competition under the Federal
Acquisition Regulation.
(c) Definition.--For purposes of this section, the term ``grant
agreement'' means a legal instrument whose principal purpose is to
transfer a thing of value to the recipient to carry out a public
purpose of support or stimulation authorized by a law of the United
States, and does not include the acquisition (by purchase, lease, or
barter) of property or services for the direct benefit or use of the
United States Government. Such term does not include a cooperative
agreement (as such term is used in section 6305 of title 31, United
States Code) or a cooperative research and development agreement (as
such term is defined in section 12(d)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).
SEC. 12. INTERNET AVAILABILITY OF INFORMATION.
The Administrator shall make available through the Internet home
page of the Environmental Protection Agency the abstracts relating to
all research grants and awards made with funds authorized by this Act.
Nothing in this section shall be construed to require or permit the
release of any information prohibited by law or regulation from being
released to the public.
Amend the title to read as follows: ``A bill to authorize
appropriations for fiscal years 2000 and 2001 for the
environmental research and development and scientific and
energy research, development, and demonstration and commercial
application of energy technology programs of the Office of Air
and Radiation of the Environmental Protection Agency, and for
other purposes.''. | (Sec. 4) Sets forth provisions regarding reprogramming and limitations on funds as well as certain reporting requirements. Requires notice to specified congressional committees before any major reorganization of any Office program or activity described by this Act.
(Sec. 5) Sets forth requirements for the submission of a detailed justification for budget authorization for the programs and activities authorized by this Act.
(Sec. 6) Limits the use of funds authorized by this Act for travel costs.
Bars the use of funds authorized by this Act for: (1) grants or contracts awarded by EPA to a trade association on a noncompetitive basis; or (2) implementation of the Kyoto Protocol if it has not been submitted to the Senate for ratification and entered into force.
(Sec. 7) Permits funding for programs and activities described by this Act only for technologies or processes that can be reasonably expected to yield new, measurable benefits to the cost, efficiency, or performance of the technology or process.
(Sec. 8) Prohibits the use of funds authorized by this Act to award or modify an Office contract in a manner that deviates from the Federal Acquisition Regulation unless the Administrator grants a waiver to allow for such deviation.
(Sec. 9) Prohibits the use of funds authorized to be appropriated by this Act by: (1) EPA to prepare or initiate Requests for Proposals for programs under this Act not specifically authorized by Congress; and (2) Office programs under this Act to produce or provide articles or services for purposes of selling them to a person outside the Federal Government unless the Administrator determines that such articles or services are not available from a U.S. commercial source.
(Sec. 11) Excludes from consideration for grant agreements for programs described by this Act made by the Office after FY 1999 any person who received funds appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a program that was not subjected to a competitive, merit-based award process. Makes such exclusions effective for a period of five years after the person receives such Federal funds.
(Sec. 12) Requires the Administrator to make available through the EPA Internet home page the abstracts relating to all research grants and awards made with funds authorized by this Act. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Information Technology
Investment Act''.
SEC. 2. GRANTS FOR RURAL INFORMATION TECHNOLOGY CENTERS.
Part C of the National Telecommunications and Information
Administration Organization Act is amended by inserting after section
158 (47 U.S.C. 942) the following new section:
``SEC. 159. GRANTS FOR RURAL INFORMATION TECHNOLOGY CENTERS.
``(a) Authorization.--The NTIA shall make grants to eligible
entities, and determine (subject to subsection (e)) the amount of such
grants, for the establishment of information technology centers in
rural areas.
``(b) Eligible Entities.--Eligible entities may be--
``(1) any small business or not-for-profit organization or
business operating in a rural area, as determined by the NTIA;
and
``(2) any State, local, or tribal government serving such
an area.
``(c) Application.--
``(1) In general.--To receive a grant under this Act, an
eligible entity shall submit an application to the NTIA in such
time and manner, and having such content, as the NTIA may by
rule require.
``(2) Matching required.--An eligible entity shall include
in the application an assurance that the entity will provide,
from State, local, or tribal government sources, an amount
equal to not less than 15 percent of the grant amount in order
to carry out the establishment of the information technology
center under the grant.
``(d) Priority.--In making grants under this Act, the NTIA shall--
``(1) give priority to eligible entities that--
``(A) promote information technology research and
development at any institution of higher education (as
such term is defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)) serving a rural
area;
``(B) are located in a county with an unemployment
rate, as determined on the basis the most recent data
available from the Bureau of Labor Statistics, of at
least 1.1 times the national unemployment rate for the
period to which such data relate;
``(C) are certified by the Small Business
Administration as qualified HUBZone small businesses;
or
``(D) work in conjunction with a local Workforce
Investment Board (established pursuant to section 117
of the Workforce Investment Act of 1998 (29 U.S.C.
2832)); and
``(2) take into consideration--
``(A) the comprehensive nationwide inventory map of
existing broadband service capability and availability
in the United States developed and maintained pursuant
to section 6001(l) of division B of the American
Recovery and Reinvestment Act of 2009 (PL 111-5; 123
Stat. 516) or any other applicable data administered by
a State, local, or tribal agency; and
``(B) the availability of service capabilities in
the area for which the eligible entity is applying for
with reference to such map, and the speed of Internet
service, and other relevant factors.
``(e) Determination of Amounts.--In determining the amount of each
grant awarded for a fiscal year under this section, the NTIA shall
specify a minimum amount and such amount may be renewed for up to one
year upon a finding by the NTIA that the grant recipient has satisfied
subsection (f).
``(f) Audits.--Each grant recipient under this section shall
undergo an audit administered by the NTIA. The NTIA shall report
findings of the audits to Congress on an annual basis.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of fiscal years 2010 through 2012 to
carry out this section.
``(h) Definitions.--As used in this section--
``(1) the term `information technology' means the use of
hardware, software, services, and supporting infrastructure to
manage and deliver information using voice, data, and video by
means of a computer or data network or networks;
``(2) the term `information technology center' means a for-
profit or not-for-profit business venture that offers
information technology services including application
maintenance and support, application development, help desk
services, personal computer maintenance and support, network
management, data center management, database management, server
management, or web hosting, and is designed to expand high tech
job opportunities in rural areas; and
``(3) the term `rural area' means the terms `rural' and
`rural area' mean any area other than--
``(A) a city or town that has a population of
greater than 50,000 inhabitants; and
``(B) the urbanized area contiguous and adjacent to
such a city or town.''. | Rural Information Technology Investment Act - Amends the National Telecommunications and Information Administration Organization Act to direct the National Telecommunications and Information Administration (NTIA) to provide grants to rural businesses, not-for-profit organizations, or to a state, local, or tribal government serving a rural area to establish information technology centers.
Sets forth grant priority provisions. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Responsibility and
Taxpayer Protection Act of 2017''.
SEC. 2. TAX ON EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL
BENEFITS.
(a) In General.--The Internal Revenue Code of 1986 is amended by
inserting after chapter 36 the following new chapter:
``CHAPTER 37--EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL
BENEFITS
``SEC. 4501. EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL
BENEFITS.
``(a) Imposition of Tax.--There is hereby imposed on each large
employer a tax equal to 100 percent of the qualified employee benefits
with respect to such employer for the taxable year.
``(b) Large Employer.--
``(1) In general.--For purposes of this section, the term
`large employer' means, with respect to a calendar year, an
employer who employed an average of at least 500 full-time
employees on business days during the preceding calendar year.
``(2) Rules for determining employer size.--For purposes of
this subsection--
``(A) Application of aggregation rule for
employers.--All persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
of the Internal Revenue Code of 1986 shall be treated
as 1 employer.
``(B) Full-time equivalents treated as full-time
employees.--Solely for purposes of determining whether
an employer is an applicable large employer under this
paragraph, an employer shall, in addition to the number
of full-time employees for any month otherwise
determined, include for such month a number of full-
time employees determined by dividing the aggregate
number of hours of service of employees who are not
full-time employees for the month by 120.
``(C) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a large
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
``(D) Predecessors.--Any reference in this
subsection to an employer shall include a reference to
any predecessor of such employer.
``(c) Qualified Employee Benefits.--For purposes of this section:
``(1) In general.--The term `qualified employee benefits'
means, with respect to a person for a taxable year, the sum the
qualified Federal benefits for which individuals who are
employees of such person for such taxable year.
``(2) Qualified federal benefits.--The term `qualified
Federal benefits' means, with respect to an individual, the
following:
``(A) The dollar value of supplemental nutrition
assistance for which the household (as defined in
section 3(m) of the Food and Nutrition Act of 2008)
that includes such individual is eligible.
``(B) The dollar value of meals that such
individual or dependents of such individual are
eligible for under the school lunch program under the
Richard B. Russell National School Lunch Act and the
school breakfast program under section 4 of the Child
Nutrition Act of 1966.
``(C) The aggregate amount of the monthly
assistance payments for rental of a dwelling unit that
the household of such individual was a member of is
eligible to have made of its behalf pursuant to section
8 of the United States Housing Act of 1937.
``(D) The amount of payments made under section
1903 of the Social Security Act with respect to
expenditures made by a State under a State Medicaid
plan under title XIX of such Act (or a waiver of such
plan) for medical assistance for such individual or for
dependents of such individual.''.
(b) Clerical Amendments.--The table of chapters for subtitle D of
such Code is amended by inserting after the item relating to chapter 36
the following new item:
``Chapter 37--Employers With Employees Receiving Certain Federal
Benefits''.
(c) Effective Date.--The amendments made by this Act apply with
respect to taxable years beginning after December 31, 2017. | Corporate Responsibility and Taxpayer Protection Act of 2017 This bill amends the Internal Revenue Code to impose a tax on large employers whose employees receive certain federal benefits during the year. A "large employer" is an employer who employed an average of at least 500 full-time employees on business days during the preceding year. The tax is equal to the benefits that the employees receive under: (1) the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program), (2) the school lunch and school breakfast programs administered under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966, (3) section 8 of the United States Housing Act of 1937, and (4) Medicaid. | billsum_train |
Provide a summary of the following text: SECTION 1. PROMOTING SUCCESSFUL REENTRY.
(a) Federal Reentry Demonstration Projects.--
(1) Evaluation of existing best practices for reentry.--Not
later than 2 years after the date of enactment of this Act, the
Attorney General, in consultation with the Administrative
Office of the United States Courts, shall--
(A) evaluate best practices used for the reentry
into society of individuals released from the custody
of the Bureau of Prisons, including--
(i) conducting examinations of reentry
practices in State and local justice systems;
and
(ii) consulting with Federal, State, and
local prosecutors, Federal, State, and local
public defenders, nonprofit organizations that
provide reentry services, and criminal justice
experts; and
(B) submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House
of Representatives a report that details the evaluation
conducted under subparagraph (A).
(2) Creation of reentry demonstration projects.--Not later
than 3 years after the date of enactment of this Act, the
Attorney General, in consultation with the Administrative
Office of the United States Courts, shall, subject to the
availability of appropriations, select an appropriate number of
Federal judicial districts to conduct Federal reentry
demonstration projects using the best practices identified in
the evaluation conducted under paragraph (1). The Attorney
General shall determine the appropriate number of Federal
judicial districts to conduct demonstration projects under this
paragraph.
(3) Project design.--For each Federal judicial district
selected under paragraph (2), the United States Attorney, in
consultation with the Chief Judge, the Chief Federal Defender,
the Chief Probation Officer, the Bureau of Justice Assistance,
the National Institute of Justice, and criminal justice
experts, shall design a Federal reentry demonstration project
for the Federal judicial district in accordance with paragraph
(4).
(4) Project elements.--A project designed under paragraph
(3) shall coordinate efforts by Federal agencies to assist
participating prisoners in preparing for and adjusting to
reentry into the community and may include, as appropriate--
(A) the use of community correctional facilities
and home confinement, as determined to be appropriate
by the Bureau of Prisons;
(B) a reentry review team for each prisoner to
develop a reentry plan specific to the needs of the
prisoner, and to meet with the prisoner following
transfer to monitor the reentry plan;
(C) steps to assist the prisoner in obtaining
health care, housing, and employment, before the
prisoner's release from a community correctional
facility or home confinement;
(D) regular drug testing for participants with a
history of substance abuse;
(E) substance abuse treatment, which may include
addiction treatment medication, if appropriate, medical
treatment, including mental health treatment,
occupational, vocational and educational training, life
skills instruction, recovery support, conflict
resolution training, and other programming to promote
effective reintegration into the community;
(F) the participation of volunteers to serve as
advisors and mentors to prisoners being released into
the community;
(G) steps to ensure that the prisoner makes
satisfactory progress toward satisfying any obligations
to victims of the prisoner's offense, including any
obligation to pay restitution; and
(H) the appointment of a reentry coordinator in the
United States Attorney's Office.
(5) Review of project outcomes.--Not later than 5 years
after the date of enactment of this Act, the Administrative
Office of the United States Courts, in consultation with the
Attorney General, shall--
(A) evaluate the results from each Federal judicial
district selected under paragraph (2), including the
extent to which participating prisoners released from
the custody of the Bureau of Prisons were successfully
reintegrated into their communities, including whether
the participating prisoners maintained employment, and
refrained from committing further offenses; and
(B) submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House
of Representatives a report that contains--
(i) the evaluation of the best practices
identified in the report required under
paragraph (1); and
(ii) the results of the demonstration
projects required under paragraph (2).
(b) Study on the Impact of Reentry on Certain Communities.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Attorney General, in consultation
with the Administrative Office of the United States Courts,
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report on the impact of reentry of prisoners
on communities in which a disproportionate number of
individuals reside upon release from incarceration.
(2) Contents.--The report required under paragraph (1)
shall analyze the impact of reentry of individuals released
from both State and Federal correctional systems as well as
State and Federal juvenile justice systems, and shall include--
(A) an assessment of the reentry burdens borne by
local communities;
(B) a review of the resources available in such
communities to support successful reentry, including
resources provided by the Federal Government and State
and local governments, and the extent to which those
resources are used effectively; and
(C) recommendations to strengthen the resources in
such communities available to support successful
reentry and to lessen the burden placed on such
communities by the need to support reentry.
SEC. 2. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND PREVENT DRUG AND
ALCOHOL ABUSE AND DEPENDENCE.
(a) Reentry and Recovery Planning.--
(1) Presentence reports.--Section 3552 of title 18, United
States Code, is amended--
(A) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively;
(B) by inserting after subsection (a) the
following:
``(b) Reentry and Recovery Planning.--
``(1) In general.--In addition to the information required
by rule 32(d) of the Federal Rules of Criminal Procedure, the
report submitted pursuant to subsection (a) shall contain the
following information, unless such information is required to
be excluded pursuant to rule 32(d)(3) of the Federal Rules of
Criminal Procedure or except as provided in paragraph (2):
``(A) Information about the defendant's history of
substance abuse and addiction, if applicable.
``(B) Information about the defendant's service in
the Armed Forces of the United States and veteran
status, if applicable.
``(C) A detailed plan, which shall include the
identification of programming provided by the Bureau of
Prisons that is appropriate for the defendant's needs,
that the probation officer determines will--
``(i) reduce the likelihood the defendant
will abuse drugs or alcohol if the defendant
has a history of substance abuse;
``(ii) reduce the defendant's likelihood of
recidivism by addressing the defendant's
specific recidivism risk factors; and
``(iii) assist the defendant preparing for
reentry into the community.
``(2) Exceptions.--The information described in paragraph
(1)(C)(iii) shall not be required to be included under
paragraph (1), in the discretion of the Probation Officer, if
the applicable sentencing range under the sentencing
guidelines, as determined by the probation officer, includes a
sentence of life imprisonment or a sentence of probation.'';
(C) in subsection (c), as redesignated, in the
first sentence, by striking ``subsection (a) or (c)''
and inserting ``subsection (a) or (d)''; and
(D) in subsection (d), as redesignated, by striking
``subsection (a) or (b)'' and inserting ``subsection
(a) or (c)''.
(2) Technical and conforming amendment.--Section 3672 of
title 18, United States Code, is amended in the eighth
undesignated paragraph by striking ``subsection (b) or (c)''
and inserting ``subsection (c) or (d)''.
(b) Supervised Release Pilot Program To Reduce Recidivism and
Improve Recovery From Alcohol and Drug Abuse.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrative Office of the United
States Courts shall establish a recidivism reduction and
recovery enhancement pilot program, premised on high-intensity
supervision and the use of swift, predictable, and graduated
sanctions for noncompliance with program rules, in Federal
judicial districts selected by the Administrative Office of the
United States Courts in consultation with the Attorney General.
(2) Requirements of program.--Participation in the pilot
program required under paragraph (1) shall be subject to the
following requirements:
(A) Upon entry into the pilot program, the court
shall notify program participants of the rules of the
program and consequences for violating such rules,
including the penalties to be imposed as a result of
such violations pursuant to subparagraph (E).
(B) Probation officers shall conduct regular drug
testing of all pilot program participants with a
history of substance abuse.
(C) In the event that a probation officer
determines that a participant has violated a term of
supervised release, the officer shall notify the court
within 24 hours of such determination, absent good
cause.
(D) As soon as is practicable, and in no case more
than 1 week after the violation was reported by the
probation officer, absent good cause, the court shall
conduct a hearing on the alleged violation.
(E) If the court determines that a program
participant has violated a term of supervised release,
it shall impose an appropriate sanction, which may
include the following, if appropriate:
(i) Modification of the terms of such
participant's supervised release, which may
include imposition of a period of home
confinement.
(ii) Referral to appropriate substance
abuse treatment.
(iii) Revocation of the defendant's
supervised release and the imposition of a
sentence of incarceration that is no longer
than necessary to punish the participant for
such violation and deter the participant from
committing future violations.
(iv) For participants who habitually fail
to abide by program rules or pose a threat to
public safety, termination from the program.
(3) Status of participant if incarcerated.--
(A) In general.--In the event that a program
participant is sentenced to incarceration as described
in paragraph (2)(E)(iii), the participant shall remain
in the program upon release from incarceration unless
terminated from the program in accordance with
paragraph (2)(E)(iv).
(B) Policies for maintaining employment.--The
Bureau of Prisons, in consultation with the Chief
Probation Officers of the Federal judicial districts
selected for participation in the pilot program
required under paragraph (1), shall develop policies to
enable program participants sentenced to terms of
incarceration as described in paragraph (2)(E)(iii) to,
where practicable, serve the terms of incarceration
while maintaining employment, including allowing the
terms of incarceration to be served on weekends.
(4) Advisory sentencing policies.--
(A) In general.--The United States Sentencing
Commission, in consultation with the Chief Probation
Officers, United States Attorneys, Federal Defenders,
and Chief Judges of the districts selected for
participation in the pilot program required under
paragraph (1), shall establish advisory sentencing
policies to be used by the district courts in imposing
sentences of incarceration in accordance with paragraph
(2)(E)(iii).
(B) Requirement.--The advisory sentencing policies
established under subparagraph (A) shall be consistent
with the stated goal of the pilot program to impose
predictable and graduated sentences that are no longer
than necessary for violations of program rules.
(5) Duration of program.--The pilot program required under
paragraph (1) shall continue for not less than 5 years and may
be extended for not more than 5 years by the Administrative
Office of the United States Courts.
(6) Assessment of program outcomes and report to
congress.--
(A) In general.--Not later than 6 years after the
date of enactment of this Act, the Administrative
Office of the United States Courts shall conduct an
evaluation of the pilot program and submit to Congress
a report on the results of the evaluation.
(B) Contents.--The report required under
subparagraph (A) shall include--
(i) the rates of substance abuse among
program participants;
(ii) the rates of violations of the terms
of supervised release by program participants,
and sanctions imposed;
(iii) information about employment of
program participants;
(iv) a comparison of outcomes among program
participants with outcomes among similarly
situated individuals under the supervision of
United States Probation and Pretrial Services
not participating in the program; and
(v) an assessment of the effectiveness of
each of the relevant features of the program. | Directs the Attorney General to: (1) evaluate best practices used for the reentry of federal prisoners released from custody, (2) select an appropriate number of federal judicial districts to conduct federal reentry demonstration projects using such best practices, and (3) report on the impact of reentry of prisoners on communities in which a disproportionate number of individuals reside upon release from incarceration. Amends the federal criminal code to require a presentence report to include: (1) information about the defendant's history of substance abuse and addiction; (2) information about the defendant's service in the Armed Forces and veteran status; and (3) a detailed plan that the probation officer determines will reduce the likelihood that the defendant will abuse drugs or alcohol, will reduce the defendant's likelihood of recidivism by addressing the defendant's specific recidivism risk factors, and will assist the defendant in preparing for reentry into the community. Requires the Administrative Office of the United States Courts to: (1) establish a five-year recidivism reduction and recovery enhancement pilot program, premised on high-intensity supervision and the use of sanctions for noncompliance with program rules; and (2) conduct an evaluation of the pilot program and report to Congress on the results of the evaluation. Sets forth requirements for participation in the pilot program. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Card Fair Fee Act of 2009''.
SEC. 2. LIMITED ANTITRUST IMMUNITY FOR THE NEGOTIATION AND
DETERMINATION OF RATES AND TERMS FOR ACCESS TO COVERED
ELECTRONIC PAYMENT SYSTEMS.
(a) Definitions.--For purposes of this Act:
(1) ``Access agreement'' means an agreement giving a
merchant permission to access a covered electronic payment
system to accept credit cards and/or debit cards from consumers
for payment for goods and services as well as to receive
payment for such goods and services, conditioned solely upon
the merchant complying with the rates and terms specified in
the agreement.
(2) ``Acquirer'' means a financial institution that
provides services allowing merchants to access an electronic
payment system to accept credit cards and/or debit cards for
payment, but does not include independent third party
processors that may act as the acquirer's agent in processing
general-purpose credit or debit card transactions.
(3) ``Antitrust laws'' has the meaning given it in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition as well as
any similar State law.
(4) ``Credit card'' means any general-purpose card or other
device issued or approved for use by a financial institution
allowing the cardholder to obtain goods or services on credit
on terms specified by that financial institution.
(5) ``Covered electronic payment system'' means an
electronic payment system that has been used for at least 20
percent of the combined dollar value of U.S. credit card,
signature-based debit card, and PIN-based debit card payments
processed in the applicable calendar year immediately preceding
the year in which the conduct in question occurs.
(6) ``Debit card'' means any general-purpose card or other
device issued or approved for use by a financial institution
for use in debiting a cardholder's account for the purpose of
that cardholder obtaining goods or services, whether
authorization is signature-based or PIN-based.
(7) ``Electronic payment system'' means the proprietary
services and infrastructure that route information and data to
facilitate transaction authorization, clearance, and settlement
that merchants must access in order to accept a specific brand
of general-purpose credit cards and/or debit cards as payment
for goods and services.
(8) ``Financial institution'' has the same meaning as in
section 603(t) of the Fair Credit Reporting Act.
(9) ``Issuer'' means a financial institution that issues
credit cards and/or debit cards or approves the use of other
devices for use in an electronic payment system, but does not
include independent third party processors that may act as the
issuer's agent in processing general-purpose credit card or
debit card transactions.
(10) ``Market power'' means the ability profitably to raise
prices above those that would be charged in a perfectly
competitive market.
(11) ``Merchant'' means any person who accepts credit cards
and/or debit cards in payment for goods or services that they
provide.
(12) ``Negotiating party'' means 1 or more providers of a
covered electronic payment system or 1 or more merchants who
have access to or who are seeking access to that covered
electronic payment system, as the case may be, and who are in
the process of negotiating or who have executed a voluntarily
negotiated access agreement that is still in effect.
(13) ``Person'' has the meaning given it in subsection (a)
of the first section of the Clayton Act (15 U.S.C. 12(a)).
(14) ``Provider'' means any person who owns, operates,
controls, serves as an issuer for, or serves as an acquirer for
a covered electronic payment system.
(15) ``State'' has the meaning given it in section 4G(2) of
the Clayton Act (15 U.S.C. 15g(2)).
(16) ``Terms'' means all rules applicable either to
providers of a single covered electronic payment system or to
merchants, and that are required in order to provide or access
that covered electronic payment system for processing credit
card and/or debit card transactions.
(17) ``Voluntarily negotiated access agreement'' means an
executed agreement voluntarily negotiated between 1 or more
providers of a single covered electronic payment system and 1
or more merchants that sets the rates and terms pursuant to
which the 1 or more merchants can access that covered
electronic payment system to accept credit cards and/or debit
cards from consumers for payment of goods and services, and
receive payment for such goods and services.
(b) Limited Antitrust Immunity for Negotiation of Access Rates and
Terms to Covered Electronic Payment Systems.--(1) Except as provided in
paragraph (2) and notwithstanding any provision of the antitrust laws,
in negotiating access rates and terms any providers of a single covered
electronic payment system and any merchants may jointly negotiate and
agree upon the rates and terms for access to the covered electronic
payment system, including through the use of common agents that
represent either providers of a single covered electronic payment
system or merchants on a nonexclusive basis. Any providers of a single
covered electronic payment system also may jointly determine the
proportionate division among themselves of paid access fees.
(2) Notwithstanding any other provision of this Act, the immunity
otherwise applicable under paragraph (1) shall not apply to a provider
of a single covered electronic payment system, or to a merchant, during
any period in which such provider, or such merchant, is engaged in--
(A) any unlawful boycott;
(B) any allocation with a competitor of a geographical area
in which an interchange rate will be charged or paid;
(C) any unlawful tying of an interchange rate charged or
paid to any other product or service; or
(D) any exchange of information with, or agreement with, a
competitor relating to the allocation of revenues lost or
redistribution of savings gained from a voluntarily negotiated
access agreement if such information or agreement is not
reasonably required to carry out the negotiations and
agreements described under paragraph (1).
(c) Nondiscrimination.--For any given covered electronic payment
system, the rates and terms of a voluntarily negotiated access
agreement reached under the authority of this section shall be the same
for all merchants, regardless of merchant category or volume of
transactions (either in number or dollar value) generated. For any
given covered electronic payment system, the rates and terms of a
voluntarily negotiated access agreement reached under the authority of
this section shall be the same for all providers participating in a
negotiation session conducted under the authority of this section,
regardless of provider category or volume of transactions (either in
number or dollar value) generated.
(d) Facilitation of Negotiation.--
(1) Schedule.--Within 1 month following enactment of this
Act, the negotiating parties shall file with the Attorney
General a schedule for negotiations. If the negotiating parties
do not file such a schedule within 1 month from the date of
enactment, the Attorney General shall issue such a schedule. In
either case, the Attorney General shall make the schedule
available to all negotiating parties.
(2) Initial disclosure.--Within 1 month following enactment
of this Act, the persons described in this subsection shall
make the initial disclosures described in paragraphs (3) and
(4) to facilitate negotiations under the limited antitrust
immunity provided for by this section.
(3) Issuers, acquirers, and owners.--Any person who is 1 of
the 10 largest issuers for a covered electronic payment system
in terms of number of cards issued, any person who is 1 of the
10 largest acquirers for a covered electronic payment system in
terms of number of merchants served, and any person who
operates or controls a covered electronic payment system shall
produce to the Attorney General and to all negotiating
parties--
(A) an itemized list of the costs necessary to
provide the covered electronic payment system that were
incurred by the person during the most recent full
calendar year before the initiation of the negotiation;
and
(B) any access agreement between that person and 1
or more merchants with regard to that covered
electronic payment system.
(4) Merchants.--Any person who is 1 of the 10 largest
merchants using the covered electronic payment system,
determined based on dollar amount of transactions made with the
covered electronic payment system, shall produce to the
Attorney General and to all negotiating parties--
(A) an itemized list of the costs necessary to
access an electronic payment system during the most
recent full calendar year prior to the initiation of
the proceeding; and
(B) any access agreement between that person and 1
or more providers with regard to that covered
electronic payment system.
(5) Disagreement.--Any disagreement regarding whether a
person is required to make an initial disclosure under this
clause, or the contents of such a disclosure, shall be resolved
by the Attorney General.
(6) Attendance of the department of justice.--A
representative of the Attorney General shall attend all
negotiation sessions conducted under the authority of this
section.
(e) Transparency of Voluntarily Negotiated Access Agreements.--
(1) Voluntarily negotiated access agreements between
negotiating parties.--A voluntarily negotiated access agreement
may be executed at any time between 1 or more providers of a
covered electronic payment system and 1 or more merchants.
(2) Filing agreements with the attorney general.--The
negotiating parties shall jointly file with the Attorney
General a clear intelligible copy of--
(A) any voluntarily negotiated access agreement
that affects any market in the United States or
elsewhere;
(B) the various components of the interchange fee;
(C) a description of how access fees that merchants
pay are allocated among financial institutions and how
they are spent;
(D) whether a variation in fees exists among card
types;
(E) any documentation relating to a voluntarily
negotiated access agreement evidencing any
consideration being given or any marketing or
promotional agreements between the negotiating parties;
(F) a comparison of interchange rates in current
use in the 10 foreign countries having the highest
volume of credit card transactions with the interchange
rates charged in the United States under such
agreement; and
(G) any amendments to that voluntarily negotiated
access agreement or documentation.
(3) Timing and availability of filings.--The negotiating
parties to any voluntarily negotiated access agreement executed
after the date of enactment of this Act shall jointly file the
voluntarily negotiated access agreement, and any documentation
or amendments described in paragraph (2), with the Attorney
General not later than 30 days after the date of execution of
the voluntarily negotiated access agreement or amendment or
after the creation of the documentation. The Attorney General
shall make publicly available any voluntarily negotiated access
agreement, amendment, or accompanying documentation filed under
this paragraph.
(f) Report to Congress by the Attorney General.--Within 7 months
after the date of enactment of this Act, the Attorney General shall
transmit to the House Committee on the Judiciary and the Senate
Committee on the Judiciary a report on the negotiations conducted under
the authority of this section during the first 6 months after the date
of enactment and, if a voluntarily negotiated agreement is reached,
whether such access rates and terms will have an adverse effect on
competition and how such rates compare with access rates and terms in
current use in other countries. Such report shall contain a chronology
of the negotiations, an assessment of whether the parties have
negotiated in good faith, an assessment of the quality of the data
provided by the parties in their initial disclosures, a description of
any voluntarily negotiated agreements reached during the negotiations,
and any recommendations of the Attorney General concerning how Congress
should respond to the conduct of the negotiations.
(g) Effect on Pending Lawsuits.--Nothing in this section shall
affect liability in any action pending on the date of enactment of this
section.
SEC. 3. OPT-OUT.
Nothing in this Act shall limit the ability of acquirers or issuers
that are regulated by the National Credit Union Administration or that,
together with affiliates, have assets of less than $1,000,000,000, to
opt out of negotiations under this Act.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act. | Credit Card Fair Fee Act of 2009 - Sets forth a limited antitrust immunity to providers of covered electronic payment systems and merchants for negotiation of access rates and terms. Authorizes providers of a single covered electronic payment system (e.g. credit cards and/or debit cards) and merchants to jointly negotiate and agree upon rates and terms for access to such system. Provides immunity exceptions.
Requires the rates and terms of a voluntarily negotiated access agreement to be the same for all merchants and participating providers, regardless of their respective category or volume of transactions.
Requires issuers, acquirers, owners, and merchants to make specified disclosures regarding itemized costs and access agreements.
Requires the negotiating parties to file jointly with the Attorney General any voluntarily negotiated access agreement that affects any market in the United States or elsewhere. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Americans' Vulnerability to
Ecstasy Act of 2002'' or the ``RAVE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Each year tens of thousands of young people are
initiated into the drug culture at ``rave'' parties or events
(all-night, alcohol-free dance parties typically featuring
loud, pounding dance music).
(2) Some raves are held in dance clubs with only a handful
of people in attendance. Other raves are held at temporary
venues such as warehouses, open fields, or empty buildings,
with tens of thousands of people present.
(3) The trafficking and use of ``club drugs'', including 3,
4-Methylenedioxymethamphetamine (Ecstasy or MDMA), Ketamine
hydrochloride (Ketamine), Flunitrazepam (Rohypnol), and Gamma
hydroxybutyrate (GHB), is deeply embedded in the rave culture.
(4) Many rave promoters go to great lengths to try to
portray their events as alcohol-free parties that are safe
places for young adults to go to dance with friends, and some
even go so far as to hire off-duty, uniformed police officers
to patrol outside of the venue to give parents the impression
that the event is safe.
(5) Despite such efforts to convince parents that raves are
safe, promotional flyers with slang terms for Ecstasy or
pictures of Ecstasy pills send the opposite message to
teenagers, and in effect promote Ecstasy along with the rave.
According to the National Drug Intelligence Center, raves have
become little more than a way to exploit American youth.
(6) Because rave promoters know that Ecstasy causes the
body temperature in a user to rise and as a result causes the
user to become very thirsty, many rave promoters facilitate and
profit from flagrant drug use at rave parties or events by
selling over-priced bottles of water and charging entrance fees
to ``chill-rooms'' where users can cool down.
(7) To enhance the effects of the drugs that patrons have
ingested, rave promoters sell--
(A) neon glow sticks;
(B) massage oils;
(C) menthol nasal inhalers; and
(D) pacifiers that are used to combat the
involuntary teeth clenching associated with Ecstasy.
(8) Ecstasy is the most popular of the club drugs
associated with raves. Thousands of teenagers are treated for
overdoses and Ecstasy-related health problems in emergency
rooms each year. The Drug Abuse Warning Network reports that
Ecstasy mentions in emergency visits grew 1,040 percent between
1994 and 1999.
(9) Ecstasy damages neurons in the brain which contain
serotonin, the chemical responsible for mood, sleeping and
eating habits, thinking processes, aggressive behavior, sexual
function, and sensitivity to pain. According to the National
Institute on Drug Abuse, this can lead to long-term brain
damage that is still evident 6 to 7 years after Ecstasy use.
(10) An Ecstasy overdose is characterized by an increased
heart rate, hypertension, renal failure, visual hallucinations,
and overheating of the body (some Ecstasy deaths have occurred
after the core body temperature of the user goes as high as 110
degrees, causing all major organ systems to shutdown and
muscles to breakdown), and may cause heart attacks, strokes,
and seizures.
SEC. 3. OFFENSES.
(a) In General.--Section 416(a) of the Controlled Substances Act
(21 U.S.C. 856(a)) is amended--
(1) in paragraph (1), by striking ``open or maintain any
place'' and inserting ``open, lease, rent, use, or maintain any
place, whether permanently or temporarily,''; and
(2) by striking paragraph (2) and inserting the following:
``(2) manage or control any place, whether permanently or
temporarily, either as an owner, lessee, agent, employee,
occupant, or mortgagee, and knowingly and intentionally rent,
lease, profit from, or make available for use, with or without
compensation, the place for the purpose of unlawfully
manufacturing, storing, distributing, or using a controlled
substance.''.
(b) Technical Amendment.--The heading to section 416 of the
Controlled Substances Act (21 U.S.C. 856) is amended to read as
follows:
``SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.''.
(c) Conforming Amendment.--The table of contents to title II of the
Comprehensive Drug Abuse and Prevention Act of 1970 is amended by
striking the item relating to section 416 and inserting the following:
``Sec. 416. Maintaining drug-involved premises.''.
SEC. 4. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-
INVOLVED PREMISES.
Section 416 of the Controlled Substances Act (21 U.S.C. 856) is
amended by adding at the end the following:
``(d)(1) Any person who violates subsection (a) shall be subject to
a civil penalty of not more than the greater of--
``(A) $250,000; or
``(B) 2 times the gross receipts, either known or
estimated, that were derived from each violation that is
attributable to the person.
``(2) If a civil penalty is calculated under paragraph (1)(B), and
there is more than 1 defendant, the court may apportion the penalty
between multiple violators, but each violator shall be jointly and
severally liable for the civil penalty under this subsection.
``(e) Any person who violates subsection (a) shall be subject to
declaratory and injunctive remedies as set forth in section 403(f).''.
SEC. 5. DECLARATORY AND INJUNCTIVE REMEDIES.
Section 403(f)(1) of the Controlled Substances Act (21 U.S.C.
843(f)(1)) is amended by striking ``this section or section 402'' and
inserting ``this section, section 402, or 416''.
SEC. 6. SENTENCING COMMISSION GUIDELINES.
The United States Sentencing Commission shall--
(1) review the Federal sentencing guidelines with respect
to offenses involving gamma hydroxybutyric acid (GHB);
(2) consider amending the Federal sentencing guidelines to
provide for increased penalties such that those penalties
reflect the seriousness of offenses involving GHB and the need
to deter them; and
(3) take any other action the Commission considers
necessary to carry out this section.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION
COORDINATOR.
There is authorized to be appropriated $5,900,000 to the Drug
Enforcement Administration of the Department of Justice for the hiring
of a special agent in each State to serve as a Demand Reduction
Coordinator.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.
There is authorized to be appropriated such sums as necessary to
the Drug Enforcement Administration of the Department of Justice to
educate youth, parents, and other interested adults about the drugs
associated with raves. | Reducing Americans' Vulnerability to Ecstasy Act of 2002 or RAVE Act - Amends the Controlled Substances Act to prohibit knowingly leasing, renting, or using, or intentionally profiting from, any place (as well as opening, maintaining, leasing, or renting any place, as provided under current law), whether permanently or temporarily, for the purpose of manufacturing, storing, distributing, or using a controlled substance. Subjects violators to: (1) a civil penalty of the greater of $250,000 or twice the gross receipts derived from each violation; and (2) declaratory and injunctive remedies.Authorizes the court to apportion the penalty between multiple violators, but makes each violator jointly and severally liable.Directs the U.S. Sentencing Commission to review and consider amending the Federal sentencing guidelines for offenses involving gamma hydroxybutyric acid to provide for increased penalties.Authorizes appropriations to the Drug Enforcement Administration for: (1) a Demand Reduction Coordinator in each State; and (2) educating youth, parents, and other interested adults regarding drugs associated with raves. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Turnout Enhancement Study
Commission Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the right of citizens of the United States to vote is a
fundamental right;
(2) Federal, State, and local governments have a duty to
promote the exercise of the right to vote to the greatest
extent possible;
(3) the power to tax is only guardedly granted to Federal,
State, and local governments by the citizens of the United
States;
(4) the only regular contact that most Americans have with
their government consists of filing personal income tax returns
and voting in Federal, State, and local elections;
(5) in 1992, almost 115,000,000 Federal income tax returns
were filed by individuals and couples, but only approximately
104,000,000 votes were cast in the year's presidential
election; and
(6) more closely tying the rights of individuals as voters
to their obligations as taxpayers will provide additional
incentives for individuals to both participate in the electoral
process and scrutinize the costs and benefits of government
policies.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Voter Turnout
Enhancement Study Commission (in this Act referred to as the
``Commission'').
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 9
members appointed as follows:
(1) 3 members appointed by the President.
(2) 3 members appointed by the President pro tempore of the
Senate, upon the joint recommendation of the majority leader
and the minority leader of the Senate.
(3) 3 members appointed by the Speaker of the House of
Representatives, upon the joint recommendation of the Speaker
and the minority leader of the House of Representatives.
(b) Political Affiliation.--Not more than 2 of the 3 members of the
Commission appointed under any 1 paragraph of subsection (a) may be of
the same political party.
(c) Time of Appointment.--Members of the Commission shall be
appointed not later than 30 days after the date of the enactment of
this Act.
(d) Terms.--Members of the Commission shall be appointed to serve
for the life of the Commission.
(e) Vacancies.-- Any vacancy in the Commission shall be filled in
the same manner as the original appointment.
(f) Compensation.--
(1) Rate of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
be entitled to receive travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of title 5,
United States Code, for persons employed intermittently in the
Government service.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold a hearing.
(h) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among its members.
(i) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of its members.
(2) Initial meeting.--The Commission shall hold its initial
meeting not later than 30 days after the date on which all
members of the Commission have been appointed.
SEC. 5. DUTIES.
(a) Study.--The Commission shall conduct a comprehensive study of
all matters relating to the possibility of changing the filing date for
Federal income tax returns to the 1st Tuesday after the 1st Monday in
November. The study shall include an analysis of--
(1) the costs and benefits of the change in filing date;
and
(2) the likelihood that establishment of a single date on
which individuals can fulfill obligations of citizenship as
both electors and taxpayers will increase participation in
Federal, State, and local elections.
(b) Consultation.--The Commission shall consult with Governors,
Federal and State election officials, the Commissioner of Internal
Revenue, and any other person, agency, or entity that the Commission
determines to be appropriate.
SEC. 6. POWERS.
(a) Hearings.--The Commission may hold the hearings, sit and act at
the times and places, take the testimony, and receive the information
that the Commission considers advisable to carry out the purposes of
this Act.
(b) Mails.--the Commission may use the United States mails in the
same manner and under the same conditions as any other Federal
department or agency.
(c) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take under this section.
(d) Requests for Official Information.--The Commission may request
from a Federal department or agency information necessary to enable the
Commission to carry out this Act. The head of the department or agency
shall provide the information to the Commission unless release of the
information to the public by the agency is prohibited by law.
SEC. 7. STAFF ASSISTANCE FROM FEDERAL AGENCIES.
Upon the request of the Commission or the Chairperson of the
Commission, the head of any Federal department or agency may detail any
of the personnel of the department or agency to the Commission to
assist the Commission to carry out this Act.
SEC. 8. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Commission shall submit to the President and the Congress a report
that contains--
(1) a detailed statement of the findings and conclusions of
the study required by section 5; and
(2) recommendations of the Commission regarding any
legislation or administrative action the Commission considers
appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate upon the submission of the report
required by section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Voter Turnout Enhancement Study Commission Act - Establishes the Voter Turnout Enhancement Study Commission to examine the possibility of changing the filing date of Federal income tax returns to the first Tuesday after the first Monday in November (election day). Terminates the Commission upon submission of a required report. Authorizes appropriations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amateur Radio Emergency
Communications Enhancement Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly 700,000 amateurs radio operators in the United
States are licensed by the Federal Communications Commission in
the Amateur Radio Service.
(2) Amateur Radio Service operators provide, on a volunteer
basis, a valuable public sector service to their communities,
their States, and to the Nation, especially in the area of
national and international disaster communications.
(3) Emergency and disaster relief communications services
by volunteer Amateur Radio Service operators have consistently
and reliably been provided before, during, and after floods,
hurricanes, tornadoes, forest fires, earthquakes, blizzards,
train accidents, chemical spills and other disasters. These
communications services include services in connection with
significant examples, such as--
(A) hurricanes Katrina, Rita, Hugo, and Andrew;
(B) the relief effort at the World Trade Center and
the Pentagon following the 2001 terrorist attacks; and
(C) the Oklahoma City bombing in April 1995.
(4) Amateur Radio Service has formal agreements for the
provision of volunteer emergency communications activities with
the Department of Homeland Security, the Federal Emergency
Management Agency, the National Weather Service, the National
Communications System, and the Association of Public Safety
Communications Officials, as well as with disaster relief
agencies, including the American National Red Cross and the
Salvation Army.
(5) Section 1 of the joint resolution entitled ``Joint
Resolution to recognize the achievements of radio amateurs, and
to establish support for such amateurs as national policy'',
approved October 22, 1994 (Public Law 103-408), included a
finding that stated: ``Reasonable accommodation should be made
for the effective operation of amateur radio from residences,
private vehicles and public areas, and the regulation at all
levels of government should facilitate and encourage amateur
radio operations as a public benefit.''.
(6) Section 1805(c) of the Homeland Security Act of 2002 (6
U.S.C. 757(c)) directs the Regional Emergency Communications
Coordinating Working Group of the Department of Homeland
Security to coordinate their activities with ham and amateur
radio operators among the 11 other emergency organizations such
as ambulance services, law enforcement, and others.
(7) Amateur Radio Service, at no cost to taxpayers,
provides a fertile ground for technical self-training in modern
telecommunications, electronic technology, and emergency
communications techniques and protocols.
(8) There is a strong Federal interest in the effective
performance of Amateur Radio Service stations, and that
performance must be given--
(A) support at all levels of government; and
(B) protection against unreasonable regulation and
impediments to the provision of the valuable
communications provided by such stations.
SEC. 3. STUDY OF ENHANCED USES OF AMATEUR RADIO IN EMERGENCY AND
DISASTER RELIEF COMMUNICATION AND FOR RELIEF OF
RESTRICTIONS.
(a) Authority.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Homeland Security shall--
(1) undertake a study on the uses and capabilities of
Amateur Radio Service communications in emergencies and
disaster relief; and
(2) submit a report on the findings of the Secretary to
Congress.
(b) Scope of the Study.--The study required by this section shall--
(1) include a review of the importance of amateur radio
emergency communications in furtherance of homeland security
missions relating to disasters, severe weather, and other
threats to lives and property in the United States, as well as
recommendations for--
(A) enhancements in the voluntary deployment of
amateur radio licensees in disaster and emergency
communications and disaster relief efforts; and
(B) improved integration of amateur radio operators
in planning and furtherance of the Department of
Homeland Security initiatives; and
(2)(A) identify impediments to enhanced Amateur Radio
Service communications, such as the effects of unreasonable or
unnecessary private land use regulations on residential antenna
installations; and
(B) make recommendations regarding such impediments for
consideration by other Federal departments, agencies, and
Congress.
(c) Use of Expertise and Information.--In conducting the study
required by this section, the Secretary of Homeland Security shall
utilize the expertise of stakeholder entities and organizations,
including the amateur radio, emergency response, and disaster
communications communities.
Passed the Senate December 14, 2009.
Attest:
NANCY ERICKSON,
Secretary. | Amateur Radio Emergency Communications Enhancement Act of 2009 - Directs the Secretary of Homeland Security: (1) to study and report to Congress on the uses and capabilities of Amateur Radio Service communications in emergencies and disaster relief; and (2) in conducting the study, to utilize the expertise of stakeholder entities and organizations, including the amateur radio, emergency response, and disaster communications communities.
Requires the study to: (1) include a review of the importance of amateur radio emergency communications in furtherance of homeland security missions relating to disasters, severe weather, and other threats to lives and property in the United States, as well as recommendations for enhancements in the voluntary deployment of amateur radio licensees and improved integration of amateur radio operators in the planning and furtherance of Department of Homeland Security (DHS) initiatives; and (2) identify impediments to enhanced Amateur Radio Service communications and make recommendations regarding such impediments. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shambala Wild Animal Protection Act
of 2000''.
SEC. 2. AMENDMENT OF ANIMAL WELFARE ACT TO REGULATE POSSESSION OF WILD
ANIMALS.
(a) Licensing and Other Requirements for Personal Possession.--The
Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the
end the following:
``TITLE II--SHAMBALA WILD ANIMAL PROTECTION
``SEC. 201. DEFINITIONS.
``As used in this title:
``(1) Protected wild animal.--
``(A) General rule.--The term `protected wild
animal' means a wild, exotic, nonnative species of an
animal order and family specified in subparagraph (B)
or a wild, native species of an animal order and family
specified in such subparagraph, and any hybrid cross of
any such species, that is identified by the Secretary
of Agriculture under section 202 as being protected by
this title.
``(B) Specified orders and families.--The animal
orders and families covered by this title are the
following:
``(i) Carnivora: Felidae (Cats) and all
subspecies.
``(ii) Carnivora: Ursidae (Bears) and all
subspecies.
``(iii) Carnivora: Canidae (Wolves and
Foxes) Canis (Wolf) and all subspecies.
``(iv) Primates: Lemuridae (Lemurs-
Madagascar) and all subspecies.
``(v) Primates: Indridae (Indrisoid Lemurs-
Madagascar) and all subspecies.
``(vi) Primates: Daubentoniidae (Aye-Aye-
Madagascar) and all subspecies.
``(vii) Primates: Lorisidae (Galagos and
Loris) and all subspecies.
``(viii) Primates: Cebidae (New World
Monkeys) and all subspecies.
``(ix) Primates: Callithrichidae
(Marmosets) and all subspecies.
``(x) Primates: Cercopithecidae (Old World
Monkeys) and all subspecies.
``(xi) Primates: Pongidae (Apes) and all
subspecies.
``(2) Confinement facility.--The term ``confinement
facility'' means a cage, pen, or enclosure where a protected
wild animal is kept.
``(3) Law enforcement authority.--The term ``law
enforcement authority'' means a law enforcement officer of a
State or political subdivision of a State, including an animal
control officer or a conservation or law enforcement officer of
a State's wildlife protection agency, or a law enforcement
officer of the Federal Government.
``(4) Permit.--The term ``permit'' means a permit issued by
the Secretary under section 204 authorizing the personal
possession of a protected wild animal by a person and, in
certain circumstances, the transfer or the captive breeding of
the animal.
``(5) Permittee.--The term ``permittee'' means a person who
has been issued and holds a permit for the personal possession
of a protected wild animal.
``(6) Personal possession.--The terms ``personal
possession'' and ``personally possess'' refer to a person's
custody or confinement of a protected wild animal pursuant to a
claim of ownership of the animal.
``(7) Veterinarian.--The term ``veterinarian'' means a
person licensed to practice veterinary medicine.
``(8) Wildlife sanctuary.--The term ``wildlife sanctuary''
means a nonprofit organization that is exempt from Federal
taxation under section 501(c)(3) of the Internal Revenue Code
of 1986 and that the Secretary determines operates a place of
refuge where abused, neglected, unwanted, impounded, abandoned,
orphaned, or displaced protected wild animals receive humane
care during their lifetime or pending their release back to
their natural habitats.
``SEC. 202. LIST OF PROTECTED WILD ANIMALS.
``(a) Preparation of List.--The Secretary shall prepare a list of
all animal species and subspecies to be covered by the definition of
protected wild animal. To be identified as a protected wild animal, the
Secretary must determine that a species or subspecies--
``(1) is within an animal order and family specified in
section 201(a)(1)(B) or is a hybrid cross of such a species or
subspecies;
``(2) is not normally kept in the personal possession of
any person; and
``(3) would primarily exist without confinement or
restraint in a wild and free environment.
``(b) Publication.--The Secretary shall publish the list of
identified protected wild animals, and any modifications to the list,
in the Federal Register.
``(c) Changes to List.--The Secretary may modify the list of
identified protected wild animals at any time to add or remove a
species or subspecies from the list without further congressional
action. However, the Secretary may not remove a species or subspecies
from the list if it continues to meet the requirements of paragraphs
(1), (2), and (3) of subsection (a).
``SEC. 203. PERMITS FOR PERSONAL POSSESSION OF PROTECTED WILD ANIMALS.
``(a) Permit Required for Personal Possession.--
``(1) In general.--A person may not personally possess a
protected wild animal in any State without a permit issued by
the Secretary.
``(2) Special rule for offspring.--If a protected wild
animal is the offspring of a protected wild animal for which a
person has a permit, the person may retain personal possession
of the offspring without a permit pending the Secretary's
consideration of the person's application for a permit, but
only if the person applies for such a permit within 30 days
after the birth of the offspring.
``(b) Permit Required for Transfer.--A person may not transfer the
personal possession of a protected wild animal to another person in the
same State or any other State unless the person obtaining personal
possession of the protected wild animal has a permit issued by the
Secretary.
``(c) Permit Required for Breeding.--A person may not personally
possess a protected wild animal, or obtain personal possession of a
protected wild animal, for purposes of breeding the animal unless the
permit otherwise required under subsection (a) or (b) specifically
authorizes use of the animal for that purpose.
``(d) Nontransferable.--A permit issued to one person is not
transferable to any other person.
``(e) Exceptions to Permit Requirements.--The following persons or
entities are not required to obtain a permit from the Secretary for the
personal possession of a protected wild animal in any State:
``(1) Any agency or official of the Federal Government or
of a State or local government acting in their official
capacity.
``(2) Any research facility.
``(3) Any zoo, animal park, or wildlife sanctuary that is
licensed by a State or local government agency and is subject
to requirements and conditions under such license at least
equivalent to the requirements and conditions of this Act.
``(f) Transitional Provision.--Each person in personal possession
of a protected wild animal on the effective date of this title may
retain personal possession of the animal without a permit pending the
Secretary's consideration of the person's application for a permit, but
only if the person applies for such a permit within one year after that
date.
``SEC. 204. PERMIT PROCESS.
``(a) Authority To Issue.--The Secretary, acting through the Animal
and Plant Health Inspection Service, may issue a permit for the
personal possession of a protected wild animal. At the discretion of
the Secretary, the permit may also permit using the protected wild
animal covered by the permit for breeding purposes.
``(b) Application.--To request a permit under this section, a
person shall submit to the Secretary an application in such form as the
Secretary may require. The application shall contain the information
and guarantees required by this section and section 205 as well as such
additional information as the Secretary may require.
``(c) Application Fee.--The Secretary may charge, assess, and cause
to be collected reasonable fees to cover the costs incurred by the
Department of Agriculture to process applications and issue permits
under this section. Amounts collected under this subsection shall be
treated in the manner provided in section 23 for other fees imposed
under this Act.
``(d) Content of Application.--An application for a permit shall
contain all of the following information with regard to the protected
wild animal for which the permit is sought:
``(1) Species.
``(2) Gender.
``(3) Reproductive status, including proof of sterilization
if the animal is declared to be sterilized.
``(4) Age.
``(5) Date acquired or to be acquired.
``(6) Method of acquisition, whether an offspring of
another protected wild animal in the personal possession of the
applicant, purchase, donation, or other method.
``(7) Person from whom acquired or to be acquired, if the
animal is not an offspring of another protected wild animal in
the personal possession of the applicant.
``(8) The name and address of the licensed veterinarian who
will provide veterinary care.
``(9) Copies of all personal possession permits required by
State or local law for the animal.
``(10) Copies of license and surety bond for the animal in
an amount determined by the Secretary, based on the species, to
compensate for the cost of transportation and care of the
animal, in the event the animal is required to come into the
custody of Federal, State, or local authorities on a temporary
or permanent basis.
``(11) Such evidence as the Secretary may require regarding
the applicant's knowledge of the care necessary for the animal.
``(e) Relation to State Law.--The permit for a protected wild
animal is valid in any State in which the possession of that type the
wild animal is not prohibited by State law. In any State in which State
law is applicable to the personal possession of a protected wild
animal, the application for a permit under this section shall contain
such proof of compliance with such State law as the Secretary may
require.
``SEC. 205. REQUIRED GUARANTEES FOR PERSONAL POSSESSION OF PROTECTED
WILD ANIMALS.
(a) Animal Care and Treatment.--As a condition on both the issuance
of a permit for the personal possession of a protected wild animal and
on the retention of a permit after issuance, the applicant for the
permit shall guarantee that, during the entire period of personal
possession of the animal, the following requirements will be satisfied:
``(1) The animal will be under competent adult supervision
and control so as to prevent injury or death to any animal or
human.
``(2) The animal will not be mistreated or neglected.
``(3) Care for the animal by a veterinarian will be
provided as needed, and such care will be documented.
``(4) The conditions in which the animal will be kept
comply with all applicable Federal, State, and local laws,
including regulations prescribed by the Secretary to protect
the animal's physical and psychological health and well being
by regulating the following factors during confinement:
``(A) Temperature.
``(B) Ventilation.
``(C) Humidity.
``(D) Drainage.
``(E) Sanitation.
``(F) Diet.
``(G) Exercise.
``(H) Enrichments and socialization.
``(5) Any confinement facility for the animal facility
meets all applicable Federal and State caging requirements.
``(b) Liability Coverage.--As a condition on both the issuance of a
permit for the personal possession of a protected wild animal and on
the retention of a permit after issuance, the applicant for the permit
shall guarantee that the applicant has liability insurance coverage for
the animal and will maintain such coverage during the entire period of
personal possession of the animal.
``(c) Notification of Death of Animal.--When a protected wild
animal for which a permit is issued dies, the death and disposition of
the animal shall be certified in writing by a veterinarian, at the
expense of the permittee. The permittee shall submit a copy of the
certification to the Secretary within 10 business days after the death.
``(d) Effect of Escape or Release.--
``(1) Required notices.--If a protected wild animal escapes
or is released, whether intentionally or unintentionally, the
permittee shall immediately notify a law enforcement authority
of the escape or release. The permittee shall also notify the
Secretary as soon as possible in the manner prescribed by the
Secretary.
``(2) Responsibility for costs.--The permittee shall be
liable for all expenses associated with efforts to recapture
the animal and for any veterinary care of the animal upon
recapture.
``SEC. 206. SPECIAL REQUIREMENTS REGARDING IMPORT OR EXPORT OF
PROTECTED WILD ANIMALS.
``(a) Compliance With Applicable Law.--
``(1) Import requirements.--A person shall not import (or
attempt to import) a protected wild animal into the United
States except in compliance with all applicable State, Federal,
and international laws and treaties, including any law
prohibiting or regulating the possession of that type of
protected wild animal in the State to which the animal is
imported (or attempted to be imported).
``(2) Export requirements.--A person shall not export (or
attempt to export) a protected wild animal out of the United
States except in compliance with all of the applicable State,
Federal, and international laws and treaties, including any law
prohibiting or regulating the possession of that type of
protected wild animal in the foreign country to which the
animal is exported (or attempted to be exported).
``(b) Prior Approval.--
``(1) Import.--Before a protected wild animal is imported
into the United States, the person receiving the animal must
have a permit for the personal possession of the animal issued
by the Secretary under section 204.
``(2) Export.--The destination and proposed new possessor
of a protected wild animal to be exported from the United
States must be approved and permitted in the foreign country to
which the animal is to be exported pursuant to the laws of that
country.
``(c) Notice to Secretary.--A person importing or exporting a
protected wild animal shall submit to the Secretary a statement
regarding the person's acknowledgment and understanding of the terms
and conditions under which the import or export of the animal is
permitted. The statement shall include the place and conditions of
quarantine, relating to such export, if required.
``SEC. 207. ENFORCEMENT AUTHORITY.
``(a) Use of Existing Authorities.--Sections 16 and 19 of this Act
regarding the investigative and enforcement authority of the Secretary
regarding dealers, exhibitors, and other persons subject to this Act
shall apply with regard to the enforcement of this title, including the
issuance of permits under section 204 and the enforcement of the permit
requirements under sections 203 and 205.
``(b) Use of Law Enforcement Authorities.--The Secretary may
authorize any law enforcement authority to confiscate or capture, by
means of tranquilizing or other humane methods, a protected wild animal
to ensure the compliance with and enforcement of this title.
``(c) Placement of Animals.--When probable cause exists that a
protected wild animal is improperly permitted or is abandoned, escaped,
or otherwise held in violation of this title, the Secretary or a law
enforcement authority in possession of the animal may place in the
animal in the protective care of a wildlife sanctuary. If the person
who would otherwise have personal possession of the animal is not
known, the animal shall be remanded to a wildlife sanctuary until
ultimate disposition is determined.
``(d) Disposition Options.--Disposition options for a protected
wild animal are as follows:
``(1) Return to the permittee of the animal.
``(2) Placement in a wildlife sanctuary either permanently
or until reclaimed under legal circumstances.
``(3) Euthanasia, subject to the restrictions in section
208.
``SEC. 208. RESTRICTIONS ON EUTHANASIA OF PROTECTED WILD ANIMALS.
``(a) Use of Euthanasia.--A protected wild animal may be euthanized
only under the following circumstances, as determined by the Secretary:
``(1) When the animal is moribund or otherwise so
debilitated as to have negligible prospects for a quality
existence.
``(2) When the animal is in pain or distress with little
chance of alleviating its condition.
``(3) When the animal poses a significant health or safety
risk to humans or other animals.
``(4) When other extenuating and compelling circumstances
exist and no wildlife sanctuary is available or will accept the
animal.
``(b) Endangered or Threatened Species.--The euthanasia of any
protected wild animal that is also federally listed as an endangered or
threatened species shall require prior coordination with the Fish and
Wildlife Service.
``SEC. 209. NOTICE OF PERMIT REQUIREMENTS.
``The Secretary department shall provide notice of the requirements
of this title to each licensed dealer and exhibitor. To provide notice
to the many other persons in personal possession of a protected wild
animal as of the date of the enactment of this title, the Secretary
shall use such methods of communication as the Secretary considers
appropriate.''.
(b) Conforming Amendment.--The Animal Welfare Act (7 U.S.C. 2131 et
seq.) is amended by inserting after section 2 the following:
``TITLE I--GENERAL PROVISIONS''.
(c) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act. | Requires, with specified exceptions, non-transferable permits for personal possession, transfer, or breeding of protected wild animals. Sets forth provisions respecting: (1) permits; (2) animal care and treatment; (3) import and export; (5) enforcement; and (6) protected animal euthanasia. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Regulatory
Flexibility Reform Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Clarification and expansion of rules covered by the Regulatory
Flexibility Act.
Sec. 4. Requirements providing for more detailed analyses.
Sec. 5. Periodic review of rules.
Sec. 6. Clerical amendments.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A vibrant and growing small business sector is critical
to creating jobs in a dynamic economy.
(2) Regulations designed for application to large-scale
entities have been applied uniformly to small businesses and
other small entities, even though the problems sought to be
solved by such regulations are not always caused by these small
businesses and other small entities.
(3) Uniform Federal regulatory and reporting requirements
in many instances have imposed on small businesses and other
small entities unnecessary and disproportionately burdensome
demands, including legal, accounting, and consulting costs.
(4) Since 1980, Federal agencies have been required to
recognize and take account of the differences in the scale and
resources of regulated entities, but have failed to do so.
(5) Alternative regulatory approaches that do not conflict
with the stated objectives of the statutes the regulations seek
to implement may be available and may minimize the significant
economic impact of regulations on small businesses and other
small entities.
(6) Federal agencies have failed to analyze and uncover
less-costly alternative regulatory approaches, despite the fact
that the chapter 6 of title 5, United States Code (commonly
known as the Regulatory Flexibility Act), requires them to do
so.
(7) Federal agencies continue to interpret chapter 6 of
title 5, United States Code, in a manner that permits them to
avoid their analytical responsibilities.
(8) The existing oversight of the compliance of Federal
agencies with the analytical requirements to assess regulatory
impacts on small businesses and other small entities and obtain
input from the Chief Counsel for Advocacy has not sufficiently
modified the Federal agency regulatory culture.
(9) Significant changes are needed in the methods by which
Federal agencies develop and analyze regulations, receive input
from affected entities, and develop regulatory alternatives
that will lessen the burden or maximize the benefits of final
rules to small businesses and other small entities.
(10) It is the intention of Congress to amend chapter 6 of
title 5, United States Code, to ensure that all impacts,
including foreseeable indirect effects, of proposed and final
rules are considered by agencies during the rulemaking process
and that the agencies assess a full range of alternatives that
will limit adverse economic consequences or enhance economic
benefits.
(11) Federal agencies should be capable of assessing the
impact of proposed and final rules without delaying the
regulatory process or impinging on the ability of Federal
agencies to fulfill their statutory mandates.
SEC. 3. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY
FLEXIBILITY ACT.
Section 601 of title 5, United States Code, is amended by adding at
the end the following:
``(9) Economic impact.--The term `economic impact' means,
with respect to a proposed or final rule--
``(A) any direct economic effect on small entities
of such rule; and
``(B) any indirect economic effect on small
entities which is reasonably foreseeable and results
from such rule (without regard to whether small
entities will be directly regulated by the rule).''.
SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.
(a) Initial Regulatory Flexibility Analysis.--Section 603 of title
5, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Each initial regulatory flexibility analysis required under
this section shall contain a detailed statement--
``(1) describing the reasons why action by the agency is
being considered;
``(2) describing the objectives of, and legal basis for,
the proposed rule;
``(3) estimating the number and type of small entities to
which the proposed rule will apply;
``(4) describing the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule,
including an estimate of the classes of small entities which
will be subject to the requirement and the type of professional
skills necessary for preparation of the report and record;
``(5) describing all relevant Federal rules which may
duplicate, overlap, or conflict with the proposed rule, or the
reasons why such a description could not be provided; and
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities beyond that already
imposed on the class of small entities by the agency or why
such an estimate is not available.''; and
(2) by adding at the end the following:
``(d) An agency shall notify the Chief Counsel for Advocacy of the
Small Business Administration of any draft rules that may have a
significant economic impact on a substantial number of small entities
either--
``(1) when the agency submits a draft rule to the Office of
Information and Regulatory Affairs at the Office of Management
and Budget under Executive Order 12866, if that order requires
such submission; or
``(2) if no submission to the Office of Information and
Regulatory Affairs is so required, at a reasonable time prior
to publication of the rule by the agency.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) in paragraph (1), by striking ``succinct'';
(B) in paragraph (2), by striking ``summary'' each
place it appears and inserting ``statement'';
(C) in paragraph (3), by--
(i) striking ``an explanation'' and
inserting ``a detailed explanation''; and
(ii) inserting ``detailed'' before
``description'';
(D) in paragraph (4), by inserting ``detailed''
before ``description''; and
(E) in paragraph (5), by inserting ``detailed''
before ``description''.
(2) Inclusion of response to comments on certification of
proposed rule.--Section 604(a)(2) of title 5, United States
Code, is amended by inserting ``(or certification of the
proposed rule under section 605(b))'' after ``initial
regulatory flexibility analysis''.
(3) Inclusion of response to comments filed by chief
counsel for advocacy.--Section 604(a) of title 5, United States
Code, is amended by redesignating paragraphs (3), (4), and (5)
as paragraphs (4), (5), and (6), respectively, and inserting
after paragraph (2) the following:
``(3) the agency's response to any comments filed by the
Chief Counsel for Advocacy of the Small Business Administration
in response to the proposed rule, and a detailed statement of
any changes made to the proposed rule in the final rule as a
result of such comments;''.
(4) Publication of analysis on web site, etc.--Section
604(b) of title 5, United States Code, is amended to read as
follows:
``(b) The agency shall make copies of the final regulatory
flexibility analysis available to the public, including placement of
the entire analysis on the agency's Web site, and shall publish in the
Federal Register the final regulatory flexibility analysis, or a
summary thereof that includes the telephone number, mailing address,
and link to the Web site where the complete analysis may be
obtained.''.
(c) Cross-References to Other Analyses.--Section 605(a) of title 5,
United States Code, is amended to read as follows:
``(a) A Federal agency shall be treated as satisfying any
requirement regarding the content of an agenda or regulatory
flexibility analysis under section 602, 603, or 604, if such agency
provides in such agenda or analysis a cross-reference to the specific
portion of another agenda or analysis that is required by any other law
and which satisfies such requirement.''.
(d) Certifications.--The second sentence of section 605(b) of title
5, United States Code, is amended--
(1) by inserting ``detailed'' before ``statement''; and
(2) by inserting ``and legal'' after ``factual''.
(e) Quantification Requirements.--Section 607 of title 5, United
States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
``In complying with sections 603 and 604, an agency shall provide--
``(1) a quantifiable or numerical description of the
effects of the proposed or final rule and alternatives to the
proposed or final rule; or
``(2) a more general descriptive statement and a detailed
statement explaining why quantification is not practicable or
reliable.''.
SEC. 5. PERIODIC REVIEW OF RULES.
Section 610 of title 5, United States Code, is amended to read as
follows:
``Sec. 610. Periodic review of rules
``(a) Not later than 180 days after the enactment of the Regulatory
Flexibility Reform Act of 2005, each agency shall publish in the
Federal Register and place on its Web site a plan for the periodic
review of rules issued by the agency that the head of the agency
determines has a significant economic impact on a substantial number of
small entities. Such determination shall be made without regard to
whether the agency performed an analysis under section 604. The purpose
of the review shall be to determine whether such rules should be
continued without change, or should be amended or rescinded, consistent
with the stated objectives of applicable statutes, to minimize any
significant adverse economic impacts on a substantial number of small
entities. Such plan may be amended by the agency at any time by
publishing the revision in the Federal Register and subsequently
placing the amended plan on the agency's Web site.
``(b) The plan shall provide for the review of all such agency
rules existing on the date of the enactment of the Regulatory
Flexibility Reform Act of 2005 within 10 years after the date of
publication of the plan in the Federal Register and every 10 years
thereafter and for review of rules adopted after the date of enactment
of the Regulatory Flexibility Reform Act of 2005 within 10 years after
the publication of the final rule in the Federal Register and every 10
years thereafter. If the head of the agency determines that completion
of the review of existing rules is not feasible by the established
date, the head of the agency shall so certify in a statement published
in the Federal Register and may extend the review for not longer than 2
years after publication of notice of extension in the Federal Register.
Such certification and notice shall be sent to the Chief Counsel for
Advocacy and Congress.
``(c) Each agency shall annually submit a report regarding the
results of its review pursuant to such plan to Congress and, in the
case of agencies other than independent regulatory agencies (as defined
in section 3502(5) of title 44, United States Code), to the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget. Such report shall include the
identification of any rule with respect to which the head of the agency
made a determination of infeasibility under paragraph (5) or (6) of
subsection (d) and a detailed explanation of the reasons for such
determination.
``(d) In reviewing rules under such plan, the agency shall
consider--
``(1) the continued need for the rule;
``(2) the nature of complaints received by the agency from
small entities concerning the rule;
``(3) comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy;
``(4) the complexity of the rule;
``(5) the extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of the
agency determines it to be infeasible, State and local rules;
``(6) the contribution of the rule to the cumulative
economic impact of all Federal rules on the class of small
entities affected by the rule, unless the head of the agency
determines that such calculations cannot be made and reports
that determination in the annual report required under
subsection (c);
``(7) the length of time since the rule has been evaluated
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule;
and
``(8) the current impact of the rule, including--
``(A) the number of small entities to which the
rule will apply; and
``(B) the projected reporting, recordkeeping and
other compliance requirements of the proposed rule,
including--
``(i) an estimate of the classes of small
entities that will be subject to the
requirement; and
``(ii) the type of professional skills
necessary for preparation of the report or
record.
``(e) The agency shall publish in the Federal Register and on its
Web site a list of rules to be reviewed pursuant to such plan. Such
publication shall include a brief description of the rule, the reason
why the agency determined that it has a significant economic impact on
a substantial number of small entities (without regard to whether it
had prepared a final regulatory flexibility analysis for the rule), and
request comments from the public, the Chief Counsel for Advocacy, and
the Regulatory Enforcement Ombudsman concerning the enforcement of the
rule.''.
SEC. 6. CLERICAL AMENDMENTS.
(a) In General.--Section 601 of title 5, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(1) the term'' and inserting the
following:
``(1) Agency.--The term'';
(2) in paragraph (2)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(2) the term'' and inserting the
following:
``(2) Rule.--The term'';
(3) in paragraph (3)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(3) the term'' and inserting the
following:
``(3) Small business.--The term'';
(4) in paragraph (4)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(4) the term'' and inserting the
following:
``(4) Small organizations.--The term'';
(5) in paragraph (5)--
(A) by striking the semicolon at the end and
inserting a period; and
(B) by striking ``(5) the term'' and inserting the
following:
``(5) Small governmental jurisdiction.--The term'';
(6) in paragraph (6)--
(A) by striking ``; and'' and inserting a period;
and
(B) by striking ``(6) the term'' and inserting the
following:
``(6) Small entity.--The term'';
(7) in paragraph (7), by striking ``(7) the term'' and
inserting the following:
``(7) Collection of information.--The term''; and
(8) in the matter preceding paragraph (1), by striking
``chapter--'' and inserting ``chapter, the following
definitions apply:''.
(b) Heading.--The heading of section 605 of title 5, United States
Code, is amended to read as follows:
``Sec. 605. Incorporations by reference and certifications''.
(c) Table of Sections.--The table of sections for chapter 6 of
title 5, United States Code, is amended--
(1) by striking the item relating to section 605 and
inserting the following:
``605. Incorporations by reference and certifications.'';
and
(2) by striking the item relating to section 607 and
inserting the following:
``607. Quantification requirements.''. | Regulatory Flexibility Reform Act of 2005 - Revises the Regulatory Flexibility Act. Defines the "economic impact" of a rule to include any economic effects on small entities.
Requires initial regulatory flexibility analyses of a proposed rule to contain a detailed statement estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or explaining why such an estimate is not available. Requires an agency to notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either: (1) when the agency submits a draft rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget under Executive Order 12866, if that order requires such submission; or (2) if no submission to the Office of Information and Regulatory Affairs is so required, at a reasonable time before publication of the rule by the agency.
Requires that final regulatory flexibility analyses include the agency's response to any comments filed on a rule by the Chief Counsel and a detailed statement of any changes made as a result. Requires publication of analyses on agency websites.
Revises provisions requiring the publication by each agency of a plan for the periodic review of its rules that have a significant impact on a substantial number of small entities to determine whether such rules should be continued, changed, or rescinded. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Tech Port Security Act of
2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Captain-of-the-port.--The term ``Captain-of-the-Port'',
with respect to a port, means the individual designated by the
Commandant of the Coast Guard as the Captain-of-the-Port at
that port.
(2) Container.--The term ``container'' means a cargo
container designed or used for the international transportation
of merchandise by vessel.
(3) Blast-resistant container.--The term ``blast-resistant
container'' means a container that incorporates blast-resistant
technology and has been certified as a blast-resistant
container by the Secretary pursuant to section 101.
(4) Regulated container.--The term ``regulated container''
means a container that is manufactured after the date that is
15 months after the date the Secretary prescribes regulations
under section 101.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(6) Vessel.--The term ``vessel'' has the meaning given that
term in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).
TITLE I--PORT SECURITY AND SAFE CARGO
SEC. 101. BLAST-RESISTANT CONTAINERS.
(a) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations--
(1) establishing standards for the certification of blast-
resistant containers;
(2) establishing the procedure by which interested parties
may apply for such certification, including the submittal of
prototypes and cost estimates; and
(3) requiring that, effective on and after the date that is
15 months after the date such regulations are prescribed by the
Secretary, no vessel carrying 1 or more regulated containers
and seeking to enter the United States shall be allowed such
entry unless all such regulated containers are certified blast-
resistant containers pursuant to the standards and procedures
described in this section.
(b) Certification.--The Secretary shall evaluate each application
for certification submitted pursuant to the regulations described in
paragraphs (1) and (2) of subsection (a), and shall notify each
applicant whether such container is certified as blast-resistant--
(1) not later than the date that is 90 days after the
application is submitted, if such application is submitted not
later than the date that is 90 days after the Secretary
prescribes such regulations under subsection (a); or
(2) not later than such other date as may be established by
the Secretary pursuant to such regulations, if such application
is submitted after the date that is 90 days after the date the
regulations are prescribed.
(c) Deadline.--
(1) Generally.--Not later than 15 months after the date the
Secretary prescribes regulations under subsection (a), the
Secretary shall deny entry of a vessel into the United States
if any of the regulated containers carried by such vessel are
not certified under subsections (a) and (b).
(2) Extension of deadline.--The Secretary may extend the
deadline under paragraph (1) for up to 1 year if the
Secretary--
(A) determines that none of the prototypes with
respect to which applications have been submitted prior
to such deadline are economically feasible; and
(B) submits a report (which may be in classified
form) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives describing--
(i) the reasons for such extension; and
(ii) such steps as the Secretary deems
necessary or appropriate to ensure that
economically feasible prototypes exist prior to
the extended deadline.
SEC. 102. SCREENING PRIOR TO DEPARTURE FROM PORT.
(a) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall prescribe regulations--
(1) establishing standards for the certification of
equipment designed to screen a container carried by a vessel
entering the United States for radioactive and explosive
materials before the container leaves the port;
(2) establishing the procedure by which interested parties
may apply for such certification, including the submittal of
prototypes and cost estimates; and
(3) requiring that, effective on and after the date that is
15 months after the date such regulations are prescribed by the
Secretary, every container carried by a vessel entering the
United States shall be screened for radioactive and explosive
materials before the container leaves the port.
(b) Certification.--The Secretary shall evaluate each application
for certification submitted pursuant to the regulations described in
paragraphs (1) and (2) of subsection (a), and shall notify each
applicant whether the screening equipment is certified for purposes of
screening containers for radioactive and explosive materials--
(1) not later than the date that is 90 days after the
application is submitted, if such application is submitted not
later than the date that is 90 days after the Secretary
prescribes such regulations under subsection (a); or
(2) not later than such other date as may be established by
the Secretary pursuant to such regulations, if such application
is submitted after the date that is 90 days after the date the
regulations are prescribed.
(c) Screening Equipment Deployment.--
(1) Twenty largest ports.--The Secretary shall take all
necessary action, including providing grants to ports, to
ensure that, not later than 15 months after the date the
Secretary prescribes regulations under subsection (a), the 20
largest ports in the United States, as determined by the
Secretary under section 201(a)(1), and any other United States
ports determined by the Secretary to be highly vulnerable, have
deployed screening equipment certified under subsections (a)
and (b).
(2) Other ports.--The Secretary shall take all necessary
action to ensure that every other port in the United States
deploys such certified screening equipment as soon as
practicable.
(d) Mandatory Screening Deadline.--Not later than the date that is
15 months after the date the Secretary prescribes regulations under
subsection (a), the Secretary shall require that any container carried
by a vessel entering any of the 20 largest ports in the United States,
and any other United States port determined by the Secretary to be
highly vulnerable, shall be screened for radioactive and explosive
materials before the container leaves the port.
TITLE II--PROTECTION OF LARGEST PORTS
SEC. 201. COMMAND AND CONTROL CENTERS.
(a) Establishment of Command and Control Centers.--Not later than
90 days after the date of the enactment of this Act, the Secretary
shall--
(1) identify the 20 largest ports in the United States, as
measured by the number of containers processed annually at each
port; and
(2) in coordination with the Captain-of-the-Port and other
officials responsible for security matters at each such port,
develop a plan to establish a command and control center for
the purpose of coordinating, monitoring, and managing all of
the security operations at the port.
(b) Grants.--
(1) In general.--The Secretary shall establish a grant
program for providing funds to port authorities, facility
operators, and State and local agencies to develop and
implement the command and control centers under subsection
(a)(2).
(2) Application.--Each entity seeking a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary
$100,000,000 for the purpose of carrying out this Act. | High-Tech Port Security Act of 2003 - Instructs the Secretary of the Department of Homeland Security to prescribe regulations: (1) establishing certification standards and procedures for blast-resistant containers; and (2) prohibiting entry into the United States of any vessel carrying regulated containers after such regulations are prescribed unless they are all certified blast-resistant.
Directs the Secretary to: (1) establish standards for the certification of equipment designed to screen a container carried by a vessel entering the United States for radioactive and explosive materials before the container leaves the port; (2) take action to ensure that the twenty largest domestic ports (and any others determined highly vulnerable) have deployed such certified screening equipment; and (3) establish command and control centers at the twenty largest domestic ports. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maintaining dignity and Eliminating
unnecessary Restrictive Confinement of Youths Act of 2015'' or the
``MERCY Act''.
SEC. 2. JUVENILE SOLITARY CONFINEMENT.
(a) In General.--Chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 5043. Juvenile solitary confinement
``(a) Definitions.--In this section--
``(1) the term `covered juvenile' means--
``(A) a juvenile who--
``(i) is being proceeded against under this
chapter for an alleged act of juvenile
delinquency; or
``(ii) has been adjudicated delinquent
under this chapter; or
``(B) a juvenile who is being proceeded against as
an adult in a district court of the United States for
an alleged criminal offense;
``(2) the term `juvenile facility' means any facility where
covered juveniles are--
``(A) committed pursuant to an adjudication of
delinquency under this chapter; or
``(B) detained prior to disposition or conviction;
and
``(3) the term `room confinement' means the involuntary
placement of a covered juvenile alone in a cell, room, or other
area for any reason.
``(b) Prohibition on Room Confinement in Juvenile Facilities.--
``(1) In general.--The use of room confinement at a
juvenile facility for discipline, punishment, retaliation, or
any reason other than as a temporary response to a covered
juvenile's behavior that poses a serious and immediate risk of
physical harm to any individual, including the covered
juvenile, is prohibited.
``(2) Juveniles posing risk of harm.--
``(A) Requirement to use least restrictive
techniques.--
``(i) In general.--Before a staff member of
a juvenile facility places a covered juvenile
in room confinement, the staff member shall
attempt to use less restrictive techniques,
including--
``(I) talking with the covered
juvenile in an attempt to de-escalate
the situation; and
``(II) permitting a qualified
mental health professional to talk to
the covered juvenile.
``(ii) Explanation.--If, after attempting
to use less restrictive techniques as required
under clause (i), a staff member of a juvenile
facility decides to place a covered juvenile in
room confinement, the staff member shall
first--
``(I) explain to the covered
juvenile the reasons for the room
confinement; and
``(II) inform the covered juvenile
that release from room confinement will
occur--
``(aa) immediately when the
covered juvenile regains self-
control, as described in
subparagraph (B)(i); or
``(bb) not later than after
the expiration of the time
period described in subclause
(I) or (II) of subparagraph
(B)(ii), as applicable.
``(B) Maximum period of confinement.--If a covered
juvenile is placed in room confinement because the
covered juvenile poses a serious and immediate risk of
physical harm to himself or herself, or to others, the
covered juvenile shall be released--
``(i) immediately when the covered juvenile
has sufficiently gained control so as to no
longer engage in behavior that threatens
serious and immediate risk of physical harm to
himself or herself, or to others; or
``(ii) if a covered juvenile does not
sufficiently gain control as described in
clause (i), not later than--
``(I) 3 hours after being placed in
room confinement, in the case of a
covered juvenile who poses a serious
and immediate risk of physical harm to
others; or
``(II) 30 minutes after being
placed in room confinement, in the case
of a covered juvenile who poses a
serious and immediate risk of physical
harm only to himself or herself.
``(C) Risk of harm after maximum period of
confinement.--If, after the applicable maximum period
of confinement under subclause (I) or (II) of
subparagraph (B)(ii) has expired, a covered juvenile
continues to pose a serious and immediate risk of
physical harm described in that subclause--
``(i) the covered juvenile shall be
transferred to another juvenile facility or
internal location where services can be
provided to the covered juvenile without
relying on room confinement; or
``(ii) if a qualified mental health
professional believes the level of crisis
service needed is not currently available, a
staff member of the juvenile facility shall
initiate a referral to a location that can meet
the needs of the covered juvenile.
``(D) Spirit and purpose.--The use of consecutive
periods of room confinement to evade the spirit and
purpose of this subsection shall be prohibited.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 403 of title 18, United States Code, is amended by adding at
the end the following:
``5043. Juvenile solitary confinement.''. | Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2015 or the MERCY Act Amends the federal criminal code to prohibit the use of room confinement at a juvenile facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile's behavior that poses a serious and immediate risk of physical harm to any individual, including such juvenile. Defines: (1) "room confinement" as the involuntary placement of a juvenile alone in a cell, room, or other area; and (2) "covered juvenile" as a juvenile who is being proceeded against for an alleged act of juvenile delinquency or who has been adjudicated delinquent under such provisions, or who is being proceeded against as an adult in U.S. district court for an alleged criminal offense. Requires a staff member of a juvenile facility: (1) before placing a covered juvenile in room confinement, to attempt to use less restrictive techniques, including talking with the juvenile in an attempt to de-escalate the situation; and (2) upon deciding to place such juvenile in room confinement, to inform the juvenile of the reasons for the confinement and that release will occur immediately when the juvenile regains self-control or otherwise within either 3 hours if the juvenile poses a serious and immediate risk of physical harm to others or 30 minutes if the juvenile poses a risk of physical harm only to himself or herself. Requires that if a covered juvenile continues to pose a serious and immediate risk of physical harm after the applicable maximum period of confinement has expired: (1) the juvenile shall be transferred to another juvenile facility or internal location where services can be provided without relying on room confinement; or (2) if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the juvenile facility shall initiate a referral to a location that can meet the juvenile's needs. Prohibits the use of consecutive periods of room confinement to evade the spirit and purpose of this Act. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Gas Price
Reduction Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY REDUCTION IN HIGHWAY FUEL TAX RATE
Sec. 101. Reduction in highway fuel tax and maintenance of Highway
Trust Fund.
Sec. 102. Floor stock refunds.
Sec. 103. Floor stocks tax.
Sec. 104. Benefits of tax reduction should be passed on to consumers.
TITLE II--SUSPENSION OF ROYALTY RELIEF
Sec. 201. Suspension of royalty relief.
TITLE III--SUSPENSION OF CERTAIN ENERGY PRODUCTION TAX INCENTIVES
Sec. 301. Suspension of deduction for development expenditures.
Sec. 302. Suspension of deduction for certain mining exploration
expenditures.
Sec. 303. Suspension of deduction for intangible drilling and
development costs.
Sec. 304. Suspension of credit for producing fuel from a
nonconventional source.
TITLE I--TEMPORARY REDUCTION IN HIGHWAY FUEL TAX RATE
SEC. 101. REDUCTION IN HIGHWAY FUEL TAX AND MAINTENANCE OF HIGHWAY
TRUST FUND.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline, diesel fuel, and kerosene)
is amended by adding at the end the following new subsection:
``(f) Temporary Reduction in Taxes on Gasoline, Diesel Fuel, and
Kerosene.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced to zero
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) clause (i) and (iii) of subsection (a)(2)(A)
(relating to gasoline, diesel fuel, and kerosene),
determined without regard to subparagraph (B) or (C) of
subsection (a)(2), and
``(B) paragraph (1) of section 4041(a) (relating to
diesel fuel) with respect to fuel sold for use or used
in a diesel-powered highway vehicle.
``(3) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning after
the date of the enactment of the Gas Price Reduction Act of
2006, and ending before October 1, 2006.
``(4) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund under
section 9503, an amount equal to the reduction in revenues to
the Treasury by reason of this subsection shall be treated as
taxes received in the Treasury under this section.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 102. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before a tax reduction date, a tax referred to in
section 4081(f)(2) of the Internal Revenue Code of 1986 has
been imposed on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale, there shall be credited
(without interest) to the person who paid such tax (hereafter
in this section referred to as the ``taxpayer''), against the
taxpayer's subsequent semi-monthly deposit of such tax, an
amount equal to the excess of the tax paid by the taxpayer over
the amount of such tax which would be imposed on such liquid
had the taxable event occurred on the tax reduction date.
(b) Certification Necessary to File Claim for Credit.--
(1) In general.--In any case where liquid is held by a
dealer (other than the taxpayer) on the tax reduction date, no
credit amount with respect to such liquid shall be allowed to
the taxpayer under subsection (a) unless the taxpayer files
with the Secretary--
(A) a certification that the taxpayer has given a
credit to such dealer with respect to such liquid
against the dealer's first purchase of liquid from the
taxpayer subsequent to the tax reduction date, and
(B) a certification by such dealer that such dealer
has given a credit to a succeeding dealer (if any) with
respect to such liquid against the succeeding dealer's
first purchase of liquid from such dealer subsequent to
the tax reduction date.
(2) Reasonableness of claims certified.--Any certification
made under paragraph (1) shall include an additional
certification that the claim for credit was reasonable based on
the taxpayer's or dealer's past business relationship with the
succeeding dealer.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of such
Code; except that the term ``dealer'' includes a producer, and
(2) the term ``tax reduction date'' means the day after the
date of the enactment of this Act.
(e) Certain Rules to Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 103. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which tax
would have been imposed under section 4081 of the Internal Revenue Code
of 1986 during the applicable period but for the amendments made by
this title, and which is held on the floor stocks tax date by any
person, there is hereby imposed a floor stocks tax in an amount equal
to the tax which would be imposed on such liquid had the taxable event
occurred on the floor stocks tax date.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after the
floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Gasoline, diesel fuel, and aviation fuel.--The terms
``gasoline'' and ``diesel fuel'' have the respective meanings
given such terms by sections 4083 of such Code.
(3) Floor stocks tax date.--The term ``floor stocks tax
date'' means October 1, 2006.
(4) Applicable period.--The term ``applicable period'' has
the meaning given such term by section 4081(f)(3) of such Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to gasoline, diesel fuel, kerosene, or aviation fuel
held by any person exclusively for any use to the extent a credit or
refund of the tax imposed by section 4081 of such Code is allowable for
such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on gasoline, diesel fuel, or kerosene held in
the tank of a motor vehicle.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on the floor stocks tax date
by any person if the aggregate amount of gasoline held
by such person on such date does not exceed 4,000
gallons, and
(B) on diesel fuel or kerosene held on such date by
any person if the aggregate amount of diesel fuel or
kerosene held by such person on such date does not
exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this subsection.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of this
subparagraph shall apply to a group of persons under
common control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
of such Code shall, insofar as applicable and not inconsistent with the
provisions of this section, apply with respect to the floor stock taxes
imposed by subsection (a) to the same extent as if such taxes were
imposed by such section 4081.
SEC. 104. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO CONSUMERS.
(a) Passthrough to Consumers.--
(1) Sense of congress.--It is the sense of Congress that--
(A) consumers immediately receive the benefit of
the reduction in taxes under this title, and
(B) transportation motor fuels producers and other
dealers take such actions as necessary to reduce
transportation motor fuels prices to reflect such
reduction, including immediate credits to customer
accounts representing tax refunds allowed as credits
against excise tax deposit payments under the floor
stocks refund provisions of this title.
(2) Study.--
(A) In general.--The Comptroller General of the
United States and the Attorney General of the United
States shall conduct a study of the reduction of taxes
under this title to determine whether there has been a
passthrough of such reduction.
(B) Report.--Not later than June 30, 2006, the
Comptroller General of the United States and the
Attorney General of the United States shall report to
the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives the results of the study conducted
under subparagraph (A).
TITLE II--SUSPENSION OF ROYALTY RELIEF
SEC. 201. SUSPENSION OF ROYALTY RELIEF.
(a) New Leases.--
(1) Requirement.--The Secretary of the Interior (referred
to in this title as the ``Secretary'') shall suspend the
application of any provision of Federal law under which a
person would otherwise be provided relief from a requirement to
pay a royalty for the production of oil or natural gas from
Federal land (including submerged land) occurring on or after
the date of enactment of this Act during a period in which--
(A) for the production of oil, the average price of
crude oil in the United States during the 4-week period
immediately preceding the suspension is greater than
$50.00 per barrel; and
(B) for the production of natural gas, the average
wellhead price of natural gas in the United States
during the 4-week period immediately preceding the
suspension is greater than $6.25 per 1,000 cubic feet.
(2) Determination of average prices.--For purposes of
paragraph (1), the Secretary shall determine average prices,
taking into consideration the most recent data reported by the
Energy Information Administration.
(b) Renegotiation of Existing Leases.--
(1) Requirement.--The Secretary shall, to the maximum
extent practicable, renegotiate each lease authorizing
production of oil or natural gas on Federal land (including
submerged land) issued by the Secretary before the date of the
enactment of this Act as the Secretary determines to be
necessary to modify the terms of the lease to ensure that a
suspension of a requirement to pay royalties under the lease
does not apply to production described in subsection (a)(1).
(2) Failure to renegotiate and modify.--
(A) In general.--Beginning on the date that is 1
year after the date of enactment of this Act, a lessee
that does not renegotiate a lease described in
paragraph (1) in accordance with that paragraph shall
not be eligible to enter into a new lease authorizing
production of oil or natural gas on Federal land
(including submerged land).
(B) Transfers.--A lessee shall not be eligible to
obtain by sale or other transfer any lease described in
paragraph (1) issued before the date of enactment of
this Act, unless the lessee--
(i) renegotiates the lease; and
(ii) enters into an agreement with the
Secretary to modify the terms of the lease in
accordance with paragraph (1).
TITLE III--SUSPENSION OF CERTAIN ENERGY PRODUCTION TAX INCENTIVES
SEC. 301. SUSPENSION OF DEDUCTION FOR DEVELOPMENT EXPENDITURES.
Section 616 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(f) Nonapplication of Section.--This section shall not apply with
respect to any expenditure paid or incurred during the period beginning
on the date of the enactment of this subsection and ending on the date
on which aggregate revenues resulting from the provisions of, and
amendments made by, sections 201 through 304 of the Gas Price Reduction
Act of 2006 are estimated by the Secretary to equal the aggregate
appropriations made to the Highway Trust Fund by reason of section
9503(f)(4).''.
SEC. 302. SUSPENSION OF DEDUCTION FOR CERTAIN MINING EXPLORATION
EXPENDITURES.
Section 617 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(j) Nonapplication of Section.--This section shall not apply with
respect to any expenditure paid or incurred during the period beginning
on the date of the enactment of this subsection and ending on the date
on which aggregate revenues resulting from the provisions of, and
amendments made by, sections 201 through 304 of the Gas Price Reduction
Act of 2006 are estimated by the Secretary to equal the aggregate
appropriations made to the Highway Trust Fund by reason of section
9503(f)(4).''.
SEC. 303. SUSPENSION OF DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS.
Section 263(c) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``This section shall not
apply with respect to any costs paid or incurred during the period
beginning on the date of the enactment of this sentence and ending on
the date on which aggregate revenues resulting from the provisions of,
and amendments made by, sections 201 through 304 of the Gas Price
Reduction Act of 2006 are estimated by the Secretary to equal the
aggregate appropriations made to the Highway Trust Fund by reason of
section 9503(f)(4).''.
SEC. 304. SUSPENSION OF CREDIT FOR PRODUCING FUEL FROM A
NONCONVENTIONAL SOURCE.
Section 45K of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(h) Nonapplication of Section.--This section shall not apply with
respect to any fuel sold during the period beginning on the date of the
enactment of this subsection and ending on the date on which aggregate
revenues resulting from the provisions of, and amendments made by,
sections 201 through 304 of the Gas Price Reduction Act of 2006 are
estimated by the Secretary to equal the aggregate appropriations made
to the Highway Trust Fund by reason of section 9503(f)(4).''. | Gas Price Reduction Act of 2006 - Amends the Internal Revenue Code to suspend the excise tax on gasoline, diesel fuel, and kerosene from enactment of this Act until October 1, 2006 (suspension period). Requires reimbursement to the Highway Trust Funds for revenues lost during the suspension period.
Expresses the sense of Congress that consumers should immediately benefit from the tax reductions under this Act.
Directs the Secretary of the Interior to: (1) suspend exemptions from payment of oil and natural gas royalties under federal leases (royalty relief) during any four-week period in which the average price of crude oil exceeds $50.00 per barrel and the average wellhead price of natural gas exceeds $6.25 per 1,000 cubic feet; and (2) renegotiate such leases to provide for a suspension of royalty relief when crude oil and natural gas prices exceed a certain level.
Suspends provisions of the Internal Revenue Code granting tax deductions for oil and gas development, mining exploration, and intangible drilling and development expenditures and a tax credit for producing fuel from nonconventional sources until the Highway Trust Fund has been reimbursed for revenues lost during the suspension period. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare-X Choice Act of 2017''.
SEC. 2. ESTABLISHMENT AND ADMINISTRATION OF A PUBLIC HEALTH PLAN.
The Social Security Act is amended by adding at the end the
following new title:
``TITLE XXII--MEDICARE EXCHANGE HEALTH PLAN
``SEC. 2201. ESTABLISHMENT.
``(a) Establishment of Plan.--
``(1) In general.--The Secretary shall establish a
coordinated and low-cost health plan, to be known as the
`Medicare Exchange health plan' (referred to in this section as
the `health plan') to provide access to quality health care for
enrollees.
``(2) Timeframe.--
``(A) Individual market availability.--
``(i) In general.--In accordance with
clause (ii), the Secretary shall make the
health plan available in the individual market,
in certain rating areas, for plan year 2020 and
each subsequent plan year, and increase the
availability such that the plan is available in
the individual market to all residents of all
rating areas in the United States for plan year
2023 and each subsequent plan year.
``(ii) Priority areas.--In determining in
which rating areas the Secretary initially will
make the health plan available, the Secretary
shall give priority to rating areas in which--
``(I) not more than 1 health
insurance issuer offers plans on the
applicable State or Federal American
Health Benefit Exchange (referred to in
this title as the `Exchange'); or
``(II) there is a shortage of
health providers or lack of competition
that results in a high cost of health
care services, including health
professional shortage areas and rural
areas.
``(B) Small group market.--The Secretary shall make
the health plan available in the small group market in
all rating areas for plan year 2024.
``(b) Establishment of Funds.--
``(1) Plan reserve fund.--
``(A) In general.--There is established in the
Treasury of the United States a `Plan Reserve Fund', to
be administered by the Secretary of Health and Human
Services, for purposes of establishing the Medicare
Exchange health plan and administering such plan,
consisting of amounts appropriated to such fund.
``(B) Appropriation.--There is appropriated
$1,000,000,000, out of monies in the Treasury not
otherwise obligated, to the Plan Reserve Fund for
fiscal year 2018.
``(2) Data and technology fund.--There is established in
the Treasury of the United States a `Data and Technology Fund',
to be administered by the Secretary of Health and Human
Services, acting through the Chief Actuary of the Centers for
Medicare & Medicaid Services, for purposes of updating
technology and performing data collection under section 2205 in
order to establish appropriate premiums for all geographic
regions of the United States. There are authorized to be
appropriated to the Data and Technology Fund such sums as may
be necessary for fiscal year 2018.
``(c) Rulemaking.--The Secretary may promulgate such regulations as
may be necessary to carry out this title.
``SEC. 2202. AVAILABILITY OF PLAN.
``(a) Eligibility.--An individual shall be eligible to enroll in
the health plan if such individual, for the entire period for which
enrollment is sought--
``(1) is a qualified individual within the meaning of
section 1312 of the Patient Protection and Affordable Care Act
(42 U.S.C. 18032); and
``(2) is not eligible for benefits under the Medicare
program under title XVIII.
``(b) Exchanges.--In accordance with the timeframe under section
2201(a)(2), the health plan shall be made available through the
American Health Benefit Exchanges described in sections 1311 and 1321
of the Patient Protection and Affordable Care Act (42 U.S.C. 18031,
18041), including the Small Business Health Options Program Exchange.
``SEC. 2203. PLAN REQUIREMENTS.
``(a) General Requirements.--The health plan shall comply with all
requirements of subtitle D of title I of the Patient Protection and
Affordable Care Act (42 U.S.C. 18021 et seq.) and title XXVII of the
Public Health Service Act (42 U.S.C. 300gg et seq.) applicable to
qualified health plans, and such health plan shall be a qualified
health plan, including for purposes of the Internal Revenue Code of
1986.
``(b) Levels of Coverage.--The Secretary--
``(1) shall make available a silver level and gold level
version of the plan, in accordance with section
1301(a)(1)(C)(ii); and
``(2) may make available no more than 2 versions of the
plan for each of the 4 levels of coverage described in
subparagraphs (A) through (D) of section 1302(d)(1) of the
Patient Protection and Affordable Care Act (42 U.S.C.
18022(d)(1)).
``SEC. 2204. ADMINISTRATIVE CONTRACTING.
``(a) In General.--The Secretary may enter into contracts for the
purpose of performing administrative functions (including functions
described in subsection (a)(4) of section 1874A) with respect to the
health plan in the same manner as the Secretary may enter into
contracts under subsection (a)(1) of such section. The Secretary shall
have the same authority with respect to the public health insurance
option as the Secretary has under such subsection (a)(1) and subsection
(b) of section 1874A with respect to title XVIII.
``(b) Transfer of Insurance Risk.--Any contract under subsection
(a) shall not involve the transfer of insurance risk from the Secretary
to the entity entering into such contract with the Secretary, except in
the case of an alternative payment model under section 2209(h).
``SEC. 2205. DATA COLLECTION.
``Subject to all applicable privacy requirements, including the
requirements under the regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note), the Secretary may collect data from
State insurance commissioners and other relevant entities to establish
rates for premiums and for other purposes including to improve quality,
and reduce racial, ethnic, and other disparities, with respect to the
health plan.
``SEC. 2206. PREMIUMS; RISK POOLS; REINSURANCE.
``(a) Premium Amounts.--The Secretary shall establish premiums for
the health plan that cover the full actuarial cost of offering such
plan, including the administrative costs of offering such plan. Such
premiums shall vary geographically and between the small group market
and the individual market in accordance with differences in the cost of
providing such coverage. If, for any plan year, the amount collected in
premiums exceeds the amount required for health care benefits and
administrative costs in that plan year, such excess amounts shall
remain available to the Secretary to administer the health plan and
finance beneficiary costs in subsequent years.
``(b) Risk Pool.--All enrollees in the health plan within a State
shall be members of a single risk pool, except that the Secretary may
establish separate risk pools for the individual market and small group
market if the State has not exercised its authority under section
1312(c)(3) of the Patient Protection and Affordable Care Act (42 U.S.C.
18032(c)(3)).
``(c) Reinsurance.--Notwithstanding subsection (b), the Secretary
may establish a mechanism to pool the costs of the highest-cost
patients on a nationwide basis to the extent such costs are not already
pooled pursuant to section 1343 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18063).
``SEC. 2207. REIMBURSEMENT RATES.
``(a) Medicare Rates.--
``(1) In general.--Except as provided in paragraph (2) and
subsections (b) and (c) and subject to subsection (d), the
Secretary shall reimburse health care providers furnishing
items and services under the health plan at rates determined
for equivalent items and services under the original Medicare
fee-for-service program under parts A and B of title XVIII.
``(2) Authority to increase payments rates in rural
areas.--If the Secretary determines appropriate, the Secretary
may increase the reimbursements rates described in paragraph
(1) by up to 25 percent for items and services furnished in
rural areas (as defined in section 1886(d)(2)(D)).
``(b) Prescription Drugs.--Subject to subsection (d), payment rates
for prescription drugs shall be at a rate negotiated by the Secretary.
Such negotiations may be in conjunction with negotiations for covered
part D drugs under part D of title XVIII.
``(c) Additional Items and Services.--Subject to subsection (d),
the Secretary shall establish reimbursement rates for any items and
services provided under the health plan that are not items and services
provided under the original Medicare fee-for-service program under
parts A and B of title XVIII.
``(d) Innovative Payment Methods.--The Secretary may utilize
innovative payment methods, including value-based payment arrangements,
in making payments for items and services (including prescription
drugs) furnished under the health plan.
``SEC. 2208. PARTICIPATING PROVIDERS.
``(a) In General.--A health care provider that is enrolled under
the Medicare program under section 1866(j) or is a participating
provider under a State Medicaid plan under title XIX on the date of
enactment of this Act shall be a participating provider under the
health plan.
``(b) Additional Providers.--The Secretary shall establish a
process to allow health care providers not described in subsection (a)
to become a participating provider under the health plan.
``(c) Opt-Out.--The Secretary shall establish a process by which a
health care provider that is a participating provider under the health
plan pursuant to subsection (a) or (b) may opt-out of being such a
participating provider.
``(d) Requirement To Participate in Order To Be Enrolled Under
Medicare.--Beginning January 1, 2019, a health care provider may not be
enrolled under the Medicare program under section 1866(j) unless the
provider is also a participating provider under the health plan.
``SEC. 2209. DELIVERY SYSTEM REFORM FOR AN ENHANCED HEALTH PLAN.
``(a) In General.--For plan years beginning with plan year 2020,
the Secretary may utilize innovative payment mechanisms and policies to
determine payments for items and services under the health plan. The
payment mechanisms and policies under this section may include patient-
centered medical home and other care management payments, accountable
care organizations, value-based purchasing, bundling of services,
differential payment rates, performance or utilization based payments,
telehealth, remote patient monitoring, partial capitation, and direct
contracting with providers.
``(b) Requirements for Innovative Payments.--The Secretary shall
design and implement the payment mechanisms and policies under this
section in a manner that--
``(1) seeks to--
``(A) improve health outcomes;
``(B) reduce health disparities (including racial,
ethnic, and other disparities);
``(C) provide efficient and affordable care;
``(D) address geographic variation in the provision
of health services; or
``(E) prevent or manage chronic illness; and
``(2) promotes care that is integrated, patient-centered,
quality, and efficient.
``(c) Encouraging the Use of High-Value Services.--To the extent
allowed by the benefit standards applied to all health benefits plans
participating in the Exchanges (as described in section 2202(b)), the
health plan may modify cost-sharing and payment rates to encourage the
use of services that promote health and value.
``(d) Promotion of Delivery System Reform.--The Secretary shall
monitor and evaluate the progress of payment and delivery system
reforms under this section and shall seek to implement such reforms
subject to the following:
``(1) To the extent that the Secretary finds a payment and
delivery system reform successful in improving quality and
reducing costs, the Secretary shall implement such reform on as
large a geographic scale as practical and economical.
``(2) The Secretary may delay the implementation of such a
reform in geographic areas in which such implementation would
place the public health insurance option at a competitive
disadvantage.
``(3) The Secretary may prioritize implementation of such a
reform in high-cost geographic areas or otherwise in order to
reduce total program costs or to promote high-value care.
``(e) Non-Uniformity Permitted.--Nothing in this section shall
prevent the Secretary from varying payments based on different payment
structure models (such as accountable care organizations and medical
homes) under the health plan for different geographic areas.
``(f) Integration With Social Services.--The Secretary shall
establish processes and, when appropriate, collaborate with other
agencies to integrate medical care under the health plan with food,
housing, transportation, and income assistance if the Secretary
determines that such integration is expected to--
``(1) reduce spending without reducing the quality of
patient care; or
``(2) improve the quality of patient care without
increasing spending.
``(g) Telehealth.--The Secretary shall ensure the integration of
telehealth tools that increase patient access to medical care,
particularly in remote or underserved areas, if the Secretary
determines that such integration is expected to--
``(1) reduce spending without reducing the quality of
patient care; or
``(2) improve the quality of patient care without
increasing spending.
``(h) Alternative Payment Model.--
``(1) In general.--The Secretary shall evaluate the
possibility of providing incentives, and, if appropriate, apply
incentives, for enrollees in the health plan who receive
services from providers who are participating in an alternative
payment model (as defined in section 1833(z)(3)(C)).
``(2) Authority to use apms in use under traditional
medicare.--Nothing in this section shall preclude the Secretary
from using alternative payment models (as so defined) under
this title that are in use under title XVIII.
``SEC. 2210. NO EFFECT ON MEDICARE BENEFITS OR MEDICARE TRUST FUNDS.
``Nothing in this title shall--
``(1) affect the benefits available under title XVIII; or
``(2) impact the Federal Hospital Insurance Trust Fund
under section 1817 or the Federal Supplementary Medical
Insurance Trust Fund under section 1841 (including the Medicare
Prescription Drug Account within such Trust Fund).''.
SEC. 3. AUTHORITY TO NEGOTIATE FAIR PRICES FOR MEDICARE PRESCRIPTION
DRUGS.
(a) In General.--Section 1860D-11 of the Social Security Act (42
U.S.C. 1395w-111) is amended by striking subsection (i).
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act. | Medicare-X Choice Act of 2017 This bill amends the Social Security Act to create the Medicare Exchange health plan, which the Centers for Medicare & Medicaid Services (CMS) must offer in certain individual health insurance exchanges in 2020 and offer in all individual health insurance exchanges by 2023. Any individual who is a resident of a state where the plan is offered and who is not eligible for Medicare benefits may enroll in the plan. CMS must offer the plan in the small group market in all areas for 2024. The plan must meet the same requirements, including essential health benefits, as health insurance exchange plans under the Patient Protection and Affordable Care Act. Health care providers enrolled under Medicare or under a state Medicaid plan shall also be participating providers for the plan and shall be reimbursed at Medicare rates. The bill eliminates the restriction on the Department of Health and Human Services to negotiate prescription drug prices for Medicare. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Grande del Norte National
Conservation Area Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Rio Grande del Norte National Conservation Area
established by section 3(a)(1).
(2) Land grant community.--The term ``land grant
community'' means a member of the Board of Trustees of
confirmed or nonconfirmed community land grants within the
Conservation Area.
(3) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 3(d).
(4) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Conservation Area'' and dated
November 4, 2009.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Rio Grande del
Norte National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 235,980 acres of public land in Taos and Rio
Arriba counties in the State, as generally depicted on the map.
(b) Purposes.--The purposes of the Conservation Area are to
conserve, protect, and enhance for the benefit and enjoyment of present
and future generations the cultural, traditional, archaeological,
natural, ecological, geological, historical, wildlife, educational,
recreational, and scenic resources of the Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only
such uses of the Conservation Area that the Secretary
determines would further the purposes described in
subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Conservation Area shall be permitted only on
roads designated for use by motorized vehicles
in the management plan.
(ii) New roads.--No additional road shall
be built within the Conservation Area after the
date of enactment of this Act unless the road
is needed for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Area, where established before
the date of enactment of this Act--
(i) subject to all applicable laws
(including regulations) and Executive orders;
and
(ii) consistent with the purposes described
in subsection (b).
(D) Collection of pinon nuts, firewood, medicinal
plants and herbs.--Nothing in this section precludes
the traditional collection of firewood, medicinal
plants and herbs, and pinon nuts in the Conservation
Area for noncommercial personal use--
(i) in accordance with any applicable laws;
and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(E) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of an
existing utility right-of-way through the Conservation
Area in a manner that minimizes harm to the purposes of
the Conservation Area described in subsection (b)--
(i) in accordance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(F) Tribal cultural uses.--
(i) Access.--The Secretary shall, in
consultation with Indian tribes or pueblos--
(I) ensure the protection of
religious and cultural sites in the
Conservation Area; and
(II) provide access to the sites by
members of Indian tribes or pueblos for
traditional cultural and customary
uses, consistent with Public Law 95-341
(commonly known as the ``American
Indian Religious Freedom Act'') (42
U.S.C. 1996).
(ii) Temporary closures.--In accordance
with Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42
U.S.C. 1996), the Secretary, on request of an
Indian tribe or pueblo, may temporarily close
to general public use 1 or more specific areas
of the Conservation Area in order to protect
traditional cultural and customary uses in
those areas by members of the Indian tribe or
the pueblo.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the Conservation Area.
(2) Other plans.--To the extent consistent with this Act,
the plan may incorporate in the management plan the Rio Grande
Corridor Management Plan in effect on the date of enactment of
this Act.
(3) Consultation.--The management plan shall be developed
in consultation with--
(A) State and local governments;
(B) tribal governmental entities;
(C) land grant communities; and
(D) the public.
(4) Considerations.--In preparing and implementing the
management plan, the Secretary shall consider the
recommendations of Indian tribes and pueblos on methods for--
(A) ensuring access to religious and cultural
sites;
(B) enhancing the privacy and continuity of
traditional cultural and religious activities in the
Conservation Area; and
(C) protecting traditional cultural and religious
sites in the Conservation Area.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
that is within the boundary of the Conservation Area that is acquired
by the United States shall--
(1) become part of the Conservation Area; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Special Management Areas.--
(1) In general.--The establishment of the Conservation Area
shall not change the management status of any area within the
boundary of the Conservation Area that is--
(A) designated as a component of the National Wild
and Scenic Rivers System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.); or
(B) managed as an area of critical environmental
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this Act, the more restrictive provision shall control.
SEC. 4. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Conservation Area are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Cerro del yuta wilderness.--Certain land administered
by the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted on
the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(2) Rio san antonio wilderness.--Certain land administered
by the Bureau of Land Management in Rio Arriba County, New
Mexico, comprising approximately 8,000 acres, as generally
depicted on the map, which shall be known as the ``Rio San
Antonio Wilderness''.
(b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas designated by subsection (a) shall be
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that with respect to the wilderness areas
designated by this Act--
(1) any reference to the effective date of the Wilderness
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas
designated by subsection (a), where established before the date of
enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any wilderness area
designated by subsection (a).
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside any wilderness area designated
by subsection (a) can be seen or heard within the wilderness
area shall not preclude the activity or use outside the
boundary of the wilderness area.
(f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
(1) has been adequately studied for wilderness designation;
(2) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(3) shall be managed in accordance with this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the Conservation Area and the wilderness
areas designated by section 4(a) with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the legal description and map.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(b) National Landscape Conservation System.--The Conservation Area
and the wilderness areas designated by section 4(a) shall be
administered as components of the National Landscape Conservation
System.
(c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establishing periods when, hunting shall not be allowed for
reasons of public safety, administration, or public use and enjoyment.
(d) Withdrawals.--Subject to valid existing rights, any Federal
land within the Conservation Area and the wilderness areas designated
by section 4(a), including any land or interest in land that is
acquired by the United States after the date of enactment of this Act,
is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Rio Grande Del Norte National Conservation Area Establishment Act - Establishes the Rio Grande Del Norte National Conservation Area in New Mexico, consisting of approximately 235,980 acres of public land in Taos and Rio Arriba Counties.
Requires the Secretary of the Interior to ensure the protection of religious and cultural sites in the Conservation Area and to provide access to them by tribal members for traditional cultural and customary uses.
Requires the Secretary to develop a management plan for the Conservation Area.
Bars the changing of the management status of any area within the boundary of the Conservation Area that is: (1) designated as a component of the National Wild and Scenic Rivers System; or (2) managed as an area of critical environmental concern.
Designates the Cerro Del Yuta Wilderness and Rio San Antonio Wilderness as wilderness and as components of the National Wilderness Preservation System.
Releases the public land within the San Antonio Wilderness Study Area not designated as wilderness from further study for designation as wilderness.
Requires the Conservation Area and the wilderness areas designated by this Act to be administered as components of the National Landscape Conservation System. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Opportunity Tax Credit Act
of 2009''.
SEC. 2. REFUNDABLE CREDIT FOR HIGHER EDUCATION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36 the following new section:
``SEC. 36A. HIGHER EDUCATION EXPENSES.
``(a) Allowance of Credit.--In the case of any eligible student for
whom an election is in effect under this section for any taxable year,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to 100 percent of so much
of the higher education expenses paid by the taxpayer during the
taxable year (with respect to attendance of the eligible student at an
eligible educational institution during any academic period beginning
in such taxable year) as does not exceed $4,000.
``(b) Limitations.--
``(1) Higher education expense limitation.--The amount of
higher education expenses taken into account under subsection
(a) with respect to an individual for an academic period shall
not exceed the individual's cost of attendance (as defined in
section 472 of the Higher Education Act of 1965, as in effect
on the date of the enactment of this section) for such period
at the eligible educational institution with respect to which
such higher education expenses were paid.
``(2) Lifetime credit limitation.--The amount of the credit
allowed under subsection (a) for any taxable year with respect
to any eligible student shall not exceed the excess of--
``(A) $28,000, over
``(B) the aggregate credit allowed under subsection
(a) with respect to such eligible student for all prior
taxable years.
``(c) Definitions.--For purposes of this subsection--
``(1) Eligible student.--The term `eligible student' means,
with respect to any academic period, any individual who meets
the requirements of section 484(a)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of
the enactment of the Taxpayer Relief Act of 1997.
``(2) Higher education expense.--The term `higher education
expense' means any expense of a type which is taken into
account in determining the cost of attendance (as defined in
section 472 of the Higher Education Act of 1965, as in effect
on the date of the enactment of this section) of--
``(A) the taxpayer,
``(B) the taxpayer's spouse, or
``(C) any dependent of the taxpayer with respect to
whom the taxpayer is allowed a deduction under section
151,
at an eligible educational institution with respect to the
attendance of such individual at such institution for the
academic period for which the credit under this section is
being determined.
``(3) Eligible educational institution.--The term `eligible
educational institution' means an institution--
``(A) which is described in section 481 of the
Higher Education Act of 1965, as in effect on the date
of the enactment of the Taxpayer Relief Act of 1997,
and
``(B) which is eligible to participate in a program
under title IV of the Higher Education Act of 1965.
``(d) Special Rules.--
``(1) Identification requirement.--No credit shall be
allowed under subsection (a) to a taxpayer with respect to an
eligible student unless the taxpayer includes the name and
taxpayer identification number of such student on the return of
tax for the taxable year.
``(2) Adjustment for certain scholarships.--The amount of
higher education expenses otherwise taken into account under
subsection (a) with respect to an individual for an academic
period shall be reduced (before the application of subsections
(a) and (b)) by the sum of any amounts paid for the benefit of
such individual which are allocable to such period as--
``(A) a qualified scholarship which is excludable
from gross income under section 117,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or under chapter 1606 of title 10, United
States Code, and
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for such student's educational expenses, or
attributable to such individual's enrollment at an
eligible educational institution, which is excludable
from gross income under any law of the United States.
``(3) Coordination with section 25a.--The amount of higher
education expenses otherwise taken into account under
subsection (a) with respect to an individual for an academic
period shall be reduced (before the application of subsections
(a) and (b)) by the amount of such expenses which are taken
into account in determining the credit under section 25A.
``(4) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins--
``(A) no credit shall be allowed under subsection
(a) to such individual for such individual's taxable
year, and
``(B) higher education expenses paid by such
individual during such individual's taxable year shall
be treated for purposes of this section as paid by such
other taxpayer.
``(5) Treatment of certain prepayments.--If higher
education expense is paid by the taxpayer during a taxable year
for an academic period which begins during the first 3 months
following such taxable year, such academic period shall be
treated for purposes of this section as beginning during such
taxable year.
``(6) Denial of double benefit.--No credit shall be allowed
under this section for any expense for which deduction is
allowed under any other provision of this chapter.
``(7) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(8) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(e) Community Service Requirement.--
``(1) In general.--No credit shall be allowed under this
section for any taxable year with respect to the higher
education expenses of a student unless the student satisfies
the community service requirement of paragraph (2) for such
year. The community service requirement of paragraph (2) shall
be treated as satisfied only if such service is verified under
regulations prescribed by the Secretary of Education.
``(2) Requirement.--The community service requirement of
this paragraph is satisfied for any taxable year only if the
student completes at least 100 hours of volunteer service
during such year for--
``(A) a governmental unit,
``(B) a hospital, or
``(C) an organization described in section
501(c)(3) and exempt from tax under section 501(a).
For purposes of the preceding sentence, service shall not fail
to be treated as volunteer service by reason of receiving a
stipend for living expenses, but only if the aggregate stipends
for the year does not exceed $600.
``(3) Exception for death or disability.--Paragraph (1)
shall not apply if the failure to meet the community service
requirement of paragraph (2) is by reason of the death or
disability of the student.
``(f) Credit Paid Directly to Educational Institution.--The
Secretary of Education shall prescribe regulations under which--
``(1) a taxpayer may certify, before making payment of a
higher education expense to an eligible educational
institution, that the taxpayer reasonably believes that credit
would be allowed under this section for such payment were it
made,
``(2) the amount of credit, were such payment made, shall
be paid to such institution and treated as payment of such
expense, and
``(3) amounts paid under this subsection in excess of the
proper amount of credit are recaptured from the taxpayer.
``(g) Election Not To Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the higher education
expenses of an individual for any taxable year.
``(h) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any expense which was taken into account in determining the amount
of such credit.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36A,'' after ``36,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36 the following new item:
``Sec. 36A. Higher education expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2009, for education furnished
in academic periods beginning after such date. | American Opportunity Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow a refundable tax credit for higher education expenses up to $4,000. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smithsonian Institution Personnel
Flexibility Act of 2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Employee.--
(A) In general.--The term ``employee'' means an
employee of the Smithsonian Institution in the civil
service who--
(i) is serving under an appointment without
time limitation; and
(ii) has been employed for a continuous
period of at least 3 years in the civil service
at the Smithsonian Institution.
(B) Exclusion.--The term ``employee'' does not
include--
(i) a reemployed annuitant under subchapter
III of chapter 83 or chapter 84 of title 5,
United States Code or any other retirement
system for employees of the Federal Government;
(ii) an employee having a disability on the
basis of which the employee is, or would be,
eligible for disability retirement under
subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, or any other
retirement system for employees of the Federal
Government;
(iii) an employee who is in receipt of a
decision notice of involuntary separation for
misconduct or unacceptable performance;
(iv) an employee who has previously
received any voluntary separation incentive
payment from the Federal Government under this
Act or any other authority;
(v) an employee covered by statutory
reemployment rights who is on transfer
employment with another organization; or
(vi) any employee who--
(I) during the 24-month period
preceding the employee's date of
separation, received and did not repay
a recruitment or relocation bonus under
section 5753 of title 5, United States
Code;
(II) within the 12-month period
preceding the employee's date of
separation, received and did not repay
a retention allowance under section
5754 of title 5, United States Code; or
(III) within the 36-month period
preceding the employee's date of
separation, received and did not repay
funds provided for student loan
repayment under section 5379 of title
5, United States Code;
unless the paying agency has waived its right
of recovery of those funds.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Smithsonian Institution.
SEC. 3. AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) In General.--The Secretary may pay, or authorize the payment
of, voluntary separation incentive payments to employees of the
Smithsonian Institution only in accordance with the plan required under
section 4.
(b) Voluntary Separation Incentive Payments.--A voluntary
separation incentive payment--
(1) shall be offered to employees on the basis of--
(A) organizational unit;
(B) occupational series or level;
(C) geographic location;
(D) specific periods during which eligible
employees may elect a voluntary separation incentive
payment;
(E) skills, knowledge, or other job-related
factors; or
(F) a combination of any of the factors specified
in subparagraphs (A) through (E);
(2) shall be paid in a lump sum after the employee's
separation;
(3) shall be in an amount equal to the lesser of--
(A) the amount the employee would be entitled to
receive under section 5595(c) of title 5, United States
Code, if the employee were entitled to payment under
that section (without adjustment for any previous
payment made); or
(B) an amount determined by the Secretary, not to
exceed $25,000;
(4) may be made only in the case of an employee who
voluntarily separates (whether by retirement or resignation)
under this Act;
(5) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Federal
Government benefit;
(6) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation; and
(7) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(c) Limitation.--No amount shall be payable under this Act based on
any separation occurring more than 3 years after the date of enactment
of this Act.
SEC. 4. INSTITUTION PLAN; CONSULTATION.
(a) In General.--Before obligating any resources for voluntary
separation incentive payments under section 3, the Secretary shall
develop a plan outlining--
(1) the intended use of such incentive payments; and
(2) a proposed organizational chart for the Smithsonian
Institution once such incentive payments have been completed.
(b) Plan.--The Smithsonian Institution's plan under subsection (a)
shall include--
(1) the specific positions and functions of the Smithsonian
Institution to be reallocated;
(2) a description of which categories of employees will be
offered voluntary separation incentive payments;
(3) the time period during which voluntary separation
incentive payments may be paid;
(4) the number and amounts of voluntary separation
incentive payments to be offered; and
(5) a description of how the Smithsonian Institution will
operate with the reallocation of positions to other functions.
(c) Consultation.--The Secretary shall consult with the Office of
Management and Budget regarding the Smithsonian Institution's plan
prior to implementation.
SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE FEDERAL GOVERNMENT.
(a) Definition of Employment.--In this section the term
``employment''--
(1) in subsection (b), includes employment under a personal
services contract with the Federal Government (other than the
legislative branch); and
(2) in subsection (c), does not include employment under a
contract described in paragraph (1).
(b) Repayment Requirement.--Except as provided in subsection (c),
an individual who has received a voluntary separation incentive payment
under section 3 and accepts any employment for compensation with the
Federal Government (other than the legislative branch) within 5 years
after the date of the separation on which the payment is based shall be
required to pay to the Smithsonian Institution, prior to the
individual's first day of employment, the entire amount of the
voluntary separation incentive payment.
(c) Waiver of Repayment Requirement.--
(1) Executive branch.--If the employment under this section
is with an Executive agency (as defined in section 105 of title
5, United States Code) other than the United States Postal
Service or the Postal Rate Commission, the Director of the
Office of Personnel Management may, at the request of the head
of the agency, waive the repayment if--
(A) the individual involved possesses unique
abilities; or
(B) in the case of an emergency involving a direct
threat to life or property, the individual involved--
(i) has skills directly related to
resolving the emergency; and
(ii) will serve on a temporary basis only
so long as that individual's services are made
necessary by the emergency.
(2) Judicial branch.--If the employment under this section
is with the judicial branch, the Director of the Administrative
Office of the United States Courts may waive the repayment if
the individual involved--
(A) possesses unique abilities; and
(B) is the only qualified applicant available for
the position.
SEC. 6. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD BY
THE SMITHSONIAN INSTITUTION.
(a) In General.--Public Law 94-98 (20 U.S.C. 50 note; 89 Stat. 480)
is amended by adding at the end the following:
``SEC. 4. ADDITIONAL SPACE AND RESOURCES FOR NATIONAL COLLECTIONS HELD
BY THE SMITHSONIAN INSTITUTION.
``(a) In General.--The Board of Regents of the Smithsonian
Institution may plan, design, construct, and equip additional storage
and laboratory space at the museum support facility of the Smithsonian
Institution in Suitland, Maryland, to accommodate the care,
preservation, conservation, deposit, and study of national collections
held in trust by the Institution.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $2,000,000 for fiscal year 2003; and
``(2) such sums as are necessary for each of fiscal years
2004 through 2008.''.
(b) Conforming Amendment.--Section 3 of Public Law 94-98 (20 U.S.C.
50 note; 89 Stat. 480) is amended in the first sentence by striking
``the purposes of this Act.'' and inserting ``this Act (other than
section 4).''.
(c) Museum Support Center.--
(1) In general.--Notwithstanding any other provision of
law, the Smithsonian Institution may enter into a single
procurement contract for the construction of additional
facilities at the Museum Support Center of the Institution.
(2) Requirement.--The contract entered into under paragraph
(1) and the solicitation for the contract shall include the
clause specified in section 52.232-18 of title 48, Code of
Federal Regulations.
SEC. 7. PATENT OFFICE BUILDING IMPROVEMENTS.
(a) Authorization.--Pursuant to sections 5579, 5583, 5586, and 5588
of the Revised Statutes (20 U.S.C. 41, 46, 50, and 52) and Public Law
85-357 (72 Stat. 68), the Board of Regents of the Smithsonian
Institution may plan, design, and construct improvements, which may
include a roof covering for the courtyard, to the Patent Office
Building transferred to the Smithsonian Institution by Public Law 85-
357 (72 Stat. 68) in order to provide increased public space, enhanced
visitors' services, and improved public access.
(b) Design and Specifications.--The design and specifications for
any exterior alterations authorized by subsection (a) shall be--
(1) submitted by the Secretary to the Commission of Fine
Arts for comments and recommendations; and
(2) subject to the review and approval of the National
Capital Planning Commission in accordance with section 8722 of
title 40, United States Code, and D.C. Code 6-641.15.
(c) Authority of Historic Preservation Agencies.--
(1) In general.--The Secretary shall--
(A) take into account the effect of the
improvements authorized by subsection (a) on the
historic character of the Patent Office Building; and
(B) provide the Advisory Council on Historic
Preservation a reasonable opportunity to comment with
regard to such improvements.
(2) Status of smithsonian.--In carrying out this
subsection, and for other projects in the District of Columbia
subject to the review and approval of the National Capital
Planning Commission in accordance with D.C. Code 6-641.15, the
Smithsonian Institution shall be deemed to be an agency for
purposes of compliance with regulations promulgated by the
Advisory Council on Historic Preservation pursuant to section
106 of the National Historic Preservation Act (16 U.S.C. 470f).
(d) Renovation of Patent Office Building.--
(1) In general.--Notwithstanding any other provision of
law, the Smithsonian Institution may enter into a single
procurement contract for the repair and renovation of the
Patent Office Building.
(2) Requirement.--The contract entered into under paragraph
(1) and the solicitation for the contract shall include the
clause specified in section 52.232-18 of title 48, Code of
Federal Regulations.
SEC. 8. SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) On December 4, 1987, Congress approved House Concurrent
Resolution 57, designating jazz as ``a rare and valuable
national American treasure''.
(2) Jazz has inspired some of the Nation's leading creative
artists and ranks as 1 of the greatest cultural exports of the
United States.
(3) Jazz is an original American art form which has
inspired dancers, choreographers, poets, novelists, filmmakers,
classical composers, and musicians in many other kinds of
music.
(4) Jazz has become an international language that bridges
cultural differences and brings people of all races, ages, and
backgrounds together.
(5) The jazz heritage of the United States should be
appreciated as broadly as possible and should be part of the
educational curriculum for children in the United States.
(6) The Smithsonian Institution's National Museum of
American History has established April as Jazz Appreciation
Month to pay tribute to jazz as both a historic and living
American art form.
(7) The Smithsonian Institution's National Museum of
American History has received great contributions toward this
effort from other governmental agencies and cultural
organizations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Smithsonian Institution has played a vital role in
the preservation of American culture, including art and music;
(2) the Smithsonian Institution's National Museum of
American History should be commended for establishing a Jazz
Appreciation Month; and
(3) musicians, schools, colleges, libraries, concert halls,
museums, radio and television stations, and other organizations
should develop programs to explore, perpetuate, and honor jazz
as a national and world treasure.
Passed the Senate October 17, 2002.
Attest:
JERI THOMSON,
Secretary. | Smithsonian Institution Personnel Flexibility Act of 2002 - (Sec. 3) Authorizes the Secretary of the Smithsonian Institution (SI) to make voluntary separation incentives to certain SI employees.(Sec. 4) Requires such payments to be in accordance with a plan developed by SI in consultation with the Office of Management and the Budget.(Sec. 5) Sets forth the effect of such payments on an individual's subsequent employment with the Federal Government.(Sec. 6) Amends specified Federal law to authorize the SI Board of Regents to provide for additional space and resources for national collections held at the SI support facility in Suitland, Maryland.(Sec. 7) Authorizes the SI Board of Regents to provide for certain improvements to the Patent Office Building.(Sec. 8) Expresses the sense of the Congress that: (1) SI has played a vital role in the preservation of American culture, including art and music; (2) SI's National Museum of American History should be commended for establishing a Jazz Appreciation Month; and (3) musicians, schools, colleges, libraries, concert halls, museums, radio and television stations, and other organizations should develop programs to explore, perpetuate, and honor jazz as a national and world treasure. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fresh Regional
Eating for Schools and Health Act of 2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INCREASING ACCESS TO HEALTHY FOOD FOR FAMILIES
Sec. 101. Supplemental nutrition assistance program.
Sec. 102. Smartphone and tablet technology; qualified online retailers.
Sec. 103. Local foods.
Sec. 104. Alternative forms of training for retail stores to provide
supplemental foods under WIC program.
TITLE II--INCREASING ACCESS TO CREDIT FOR SMALL AND NEW FARMERS
Sec. 201. Loans for agricultural producers.
TITLE I--INCREASING ACCESS TO HEALTHY FOOD FOR FAMILIES
SEC. 101. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) Nutritional Value of Food.--Section 17(b)(1)(B)(ii) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(ii)) is amended--
(1) in subclause (III), by striking ``or'' at the end;
(2) in subclause (IV), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(V) provide a reasonable
expectation that the nutritional value
of food purchased with supplemental
nutrition assistance program benefits
will increase or will assist
supplemental nutrition assistance
program beneficiaries in meeting
Federal nutrition guidelines, on the
conditions that--
``(aa) in order to promote
the development of innovative
locally developed projects that
appeal to agricultural
producers, supplemental
nutrition assistance program
beneficiaries, anti-hunger
advocates, and public health
groups, a State that applies
for waivers under this
subclause shall solicit
substantial public input for a
period of not less than 90
days; and
``(bb) a waiver under this
subclause shall not reduce the
eligibility for, or amount of,
benefits available to
recipients under this Act.''.
(b) Reporting Requirements.--Section 4 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013) is amended by adding at the end the
following:
``(d) Reporting Requirements.--
``(1) Retail food store.--Not later than March 31 of each
year, the owner of any 1 or more retail food store that has
annual gross sales in excess of $1,000,000 resulting from the
sale of food in exchange for any benefits under the
supplemental nutrition assistance program shall prepare and
submit to the Secretary a report listing any food purchased by
any individual with any benefits under the supplemental
nutrition program during the previous calendar year.
``(2) Secretary.--Not later than 90 days after the date on
which the report described in paragraph (1) is submitted, the
Secretary shall prepare and submit to Congress a report
compiling the data listed in any report submitted under
paragraph (1).''.
SEC. 102. SMARTPHONE AND TABLET TECHNOLOGY; QUALIFIED ONLINE RETAILERS.
(a) Smartphone and Tablet Technology.--
(1) SNAP.--Section 7(h) of the Food and Nutrition Act of
2008 (7 U.S.C. 2016(h)) is amended--
(A) by redesignating the second paragraph (12)
(relating to interchange fees) as paragraph (13); and
(B) by adding at the end the following:
``(14) Smartphone and tablet technology.--
``(A) In general.--Not later than 180 days after
the date of enactment of this paragraph, the Secretary,
in consultation with organizations representing the
electronics payments industry, shall issue
recommendations to States on the use and implementation
of smartphone and tablet technology for acceptance of
electronic benefit transfers under the supplemental
nutrition assistance program.
``(B) Implementation.--Not later than 180 days
after the date of issuance of recommendations under
subparagraph (A) or as of the date of the next
electronic benefit transfer contract renewal of the
State, as a condition of participation in the program,
each State shall ensure that the prime contractors of
the State responsible for electronic benefit transfer
services and training shall make such modifications as
are necessary to implement smartphone and tablet
technology for acceptance of electronic benefit
transfers under the supplemental nutrition assistance
program in that State.''.
(2) WIC.--Section 17(h)(12) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(h)(12)) is amended by adding at the end
the following:
``(H) Smartphone and tablet technology.--
``(i) In general.--Not later than 90 days
after the date of enactment of this
subparagraph, the Secretary shall issue
recommendations to State agencies on the use
and implementation of smartphone and tablet
technology for acceptance of electronic benefit
transfers under the program.
``(ii) Implementation.--Not later than 180
days after the date of issuance of
recommendations under clause (i), as a
condition of participation in the program, each
State agency shall ensure that the prime
contractors of the State responsible for
electronic benefit transfer services and
training shall make such modifications as are
necessary to implement smartphone and tablet
technology for acceptance of electronic benefit
transfers under the program in that State.''.
(b) Qualified Online Retailers.--Section 3(p) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) an online food retailer that meets the requirements
described in paragraph (1), except that benefits under the
supplemental nutrition assistance program may not be used to
pay for any delivery fees from the online food retailer.''.
SEC. 103. LOCAL FOODS.
Section 6 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1755) is amended by adding at the end the following:
``(f) Local Foods.--
``(1) In general.--Notwithstanding any other provision of
this section or other law, of the funds made available to the
Secretary during a fiscal year for direct expenditure by the
Secretary for agricultural commodities and other foods to be
distributed under this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.) (other than funds made available under
section 10603 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 612c-4) or section 4404 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 612c-5)), the
Secretary shall make available 50 percent of those funds each
fiscal year to schools and school food authorities
participating in the food service programs under this Act and
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to
purchase directly local foods for use in the food service
programs.
``(2) Impact on specialty crops.--If the Secretary
determines that the requirement under paragraph (1) is
negatively impacting the purchase of specialty crops for
distribution under this Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), the Secretary may require that
schools and school food authorities, as a condition on the
receipt of funds under paragraph (1), use the funds to purchase
local specialty crops.''.
SEC. 104. ALTERNATIVE FORMS OF TRAINING FOR RETAIL STORES TO PROVIDE
SUPPLEMENTAL FOODS UNDER WIC PROGRAM.
Section 17(f)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(f)(1)(C)) is amended--
(1) in clause (x), by striking ``and'' after the semicolon
at the end;
(2) by redesignating clause (xi) as clause (xii); and
(3) by inserting after clause (x) the following:
``(xi) a plan to allow retail stores to receive alternate
forms of training (including through videoconferencing) from
the State agency to obtain authorization to provide
supplemental foods under the program; and''.
TITLE II--INCREASING ACCESS TO CREDIT FOR SMALL AND NEW FARMERS
SEC. 201. LOANS FOR AGRICULTURAL PRODUCERS.
(a) Direct Farm Ownership Loans.--Section 302(b) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922(b)) is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``or has obtained a baccalaureate degree related to farm
management (including horticulture and agricultural business
management)'' after ``not less than 3 years''; and
(2) by adding at the end the following:
``(4) Suspension of limitation on period for which
borrowers are eligible for direct farm ownership loans.--
Beginning on the date of enactment of this paragraph,
subparagraph (C) of paragraph (1) and subparagraphs (B) and (C)
of paragraph (3) shall have no force or effect.''.
(b) Eligibility of Food Banks and Other Nonprofit Hunger Assistance
Organizations for Operating Loans.--Section 311(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1941(a)) is amended by
striking ``and limited liability companies'' each place it appears and
inserting ``limited liability companies, and food banks and other
nonprofit hunger assistance organizations''.
(c) Suspension of Limitation on Period for Which Borrowers Are
Eligible for Direct Operating Loans; Microloan Program.--Section 311(c)
of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c))
is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``and (4)'' and inserting ``through (5)''; and
(2) by adding at the end the following:
``(5) Suspension of limitation on period for which
borrowers are eligible for direct operating loans.--Beginning
on the date of enactment of this paragraph, subparagraph (C) of
paragraph (1) shall have no force or effect.
``(6) Microloan program.--
``(A) In general.--Not later than 180 days after
the date of enactment of this paragraph, the Secretary
shall establish a microloan program within the
operating loan program established under this subtitle.
``(B) Loan amount.--Each loan issued under the
program shall be in an amount of not less than $500 and
not more than $5,000.
``(C) Loan processing.--The Secretary shall process
any loan application submitted under the program not
later than 30 days after the date on which the
application was submitted.
``(D) Expediting applications.--The Secretary shall
take any measure the Secretary determines necessary to
expedite any application submitted under the program.
``(E) Paperwork reduction.--The Secretary shall
take measures to reduce any paperwork requirements for
loans under the program.''.
(d) Suspension of Limitation on Period for Which Borrowers Are
Eligible for Guaranteed Assistance.--Section 5102 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 1949 note; Public Law 107-
171) is amended by striking ``During the period beginning January 1,
2002, and ending December 31, 2010,'' and inserting ``Beginning January
1, 2002,''. | Fresh Regional Eating for Schools and Health Act of 2011 - Amends the Food and Nutrition Act of 2008 (formerly known as the Food Stamp Act of 1977) regarding the supplemental nutrition assistance program (SNAP, formerly food stamp program) to: (1) authorize pilot programs that will assist SNAP beneficiaries in meeting federal nutrition guidelines and promote innovative local projects, (2) implement smartphone and tablet technology for acceptance of electronic benefit transfers, (3) require retail stores with gross annual SNAP sales in excess of $1 million to report food purchased by program recipients to the Department of Agriculture (USDA), and (4) include qualifying online food retailers within SNAP.
Amends the Child Nutrition Act of 1966 regarding the special supplemental nutrition program for women, infants, and children program (WIC) to: (1) implement smartphone and tablet technology for acceptance of electronic benefit transfers; and (2) permit retail stores to receive alternative program training, including through videoconferencing.
Amends the Richard B. Russell National School Lunch Act to permit schools to use 50% of USDA funds for agricultural commodities to purchase locally grown food for food service programs under such Act and the Child Nutrition Act of 1966.
Amends the Consolidated Farm and Rural Development Act regarding direct agricultural real estate loans to: (1) extend eligibility to a new farmer who has obtained a baccalaureate degree related to farm management (including horticulture and agricultural business management), and (2) suspend loan time limits.
Amends the Consolidated Farm and Rural Development Act to extend operating loan eligibility to food banks and other nonprofit hunger assistance organizations. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Asset Inventory Reform
Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cadastre.--
(A) In general.--The term ``cadastre'' means--
(i) an inventory of Federal land developed
through collecting, storing, retrieving, or
disseminating graphical or digital data
depicting natural or manmade physical features,
phenomena, or boundaries of the earth; and
(ii) any information relating to the
features, phenomena, or boundaries, including
surveys, maps, charts, satellite and airborne
remote sensing data, images, and services, with
services performed by professionals, such as
surveyors, photogrammetrists, hydrographers,
geodesists, cartographers, and other such
services of an architectural or engineering
nature.
(B) Inclusions.--The term ``cadastre'' includes the
following data layers:
(i) A reference frame consisting of a
geodetic network.
(ii) A series of current, accurate large
scale maps.
(iii) A cadastral boundary overlay
delineating all cadastral parcels.
(iv) A system for indexing and identifying
each cadastral parcel.
(v) A series of land data files that--
(I) include the parcel identifier,
which can be used to retrieve
information and cross reference between
and among other data files;
(II) contains information about the
use, value, assets, and infrastructure
of each parcel; and
(III) designate any parcels that
the Secretary determines can be better
managed through ownership by a non-
Federal entity, including State
government, units of local government,
Tribal government, nonprofit
organizations, or the private sector.
(2) Federal land.--The term ``Federal land'' means land
under the jurisdiction of the Federal Government, including--
(A) buildings, crops, forests, or other resources
attached to, or within, the land;
(B) improvements or fixtures permanently attached
to the land or a structure on the land; and
(C) any interest, benefit, right, or privilege in
and to the land.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CADASTRE OF FEDERAL LAND.
(a) In General.--The Secretary shall develop a multipurpose
cadastre of Federal land to assist with--
(1) Federal land management;
(2) resource conservation;
(3) environmental protection; and
(4) the use of Federal land.
(b) Cost-Sharing Agreements.--
(1) In general.--The Secretary may enter into a cost-
sharing agreement with a State to include in the cadastre any
non-Federal land in the State.
(2) Federal share.--The Federal share of any cost-sharing
agreement entered into under paragraph (1) shall not exceed 50
percent of the total cost to the State for including in the
cadastre the non-Federal land in the State.
(c) Consolidation and Report.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report that
describes--
(1)(A) any existing land inventories or components of a
cadastre authorized by Federal law or conducted by the
Department of the Interior;
(B) the statutory authorization for the inventories or
components described in subparagraph (A); and
(C) the amount expended by the Federal Government for
fiscal year 2010 with respect to the inventories or components
described in subparagraph (A);
(2) any inventories or components described in paragraph
(1)(A) that would be eliminated or consolidated into the
cadastre authorized under this Act;
(3)(A) any inventories or components described in paragraph
(1)(A) that would not be eliminated or consolidated into the
multipurpose cadastre authorized by this Act;
(B) the reason for not terminating or consolidating those
inventories or components into the multipurpose cadastre;
(4) the use of existing land inventories or any components
of a cadastre being conducted by any State or unit of local
government that can be used to identify Federal land within the
State or unit of local government;
(5) the cost-savings that would be achieved by eliminating
or consolidating duplicative or unneeded land inventories or
components described in paragraph (1)(A) that would become part
of the multipurpose cadastre authorized by this Act; and
(6) recommendations for any legislation necessary to
increase the cost-savings and enhance the effectiveness and
efficiency of replacing, eliminating, or consolidating
inventories or components described in paragraph (1)(A).
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretary shall--
(A) in accordance with section 216 of the E-
Government Act of 2002 (44 U.S.C. 3501 note; Public Law
107-347), participate in the establishment of any
standards and common protocols as are necessary to
ensure the interoperability of geospatial information
pertaining to the cadastre for all users of the
information;
(B) coordinate with, seek the assistance and
cooperation of, and provide liaisons to, the Federal
Geographic Data Committee in accordance with Office of
Management and Budget Circular A-16 and Executive Order
12906 (43 U.S.C. 1457 note; relating to coordinating
geographic data acquisition and access: the national
spatial data infrastructure) for the implementation of,
and compliance with, any standards that may be
applicable to the cadastre;
(C) make the cadastre interoperable with the
Federal Real Property Profile established under
Executive Order 13327 (40 U.S.C. 121 note; relating to
Federal real property asset management);
(D) integrate with, and leverage, to the maximum
extent practicable, cadastre activities of States and
units of local government; and
(E) use contracts with the private sector, to the
maximum extent practicable, to provide any products and
services that are necessary to develop the cadastre.
(2) Contracts considered surveying and mapping.--Any
contract entered into under paragraph (1)(E) shall be
considered to be surveying and mapping services, as those terms
are used in subtitle I of title 40, United States Code. | Federal Land Asset Inventory Reform Act of 2011 - Directs the Secretary of the Interior to develop a multipurpose cadastre (an inventory) of federal land to assist with federal land management, resource conservation, environmental protection, and use of such land. Authorizes the Secretary to enter into cost-sharing agreements with states to include any non-federal land in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for including in the cadastre the non-federal land in the state.
Requires the Secretary to submit a report describing: (1) any existing land inventories or components of a cadastre, (2) the consolidation of any inventories or components, (3) the use of existing inventories or components of a cadastre, (4) the cost-savings that would be achieved, and (5) recommendations for legislation. | billsum_train |
Provide a summary of the following text: SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO NATIONAL
FOREST, CALIFORNIA.
(a) Conveyance Required.--Subject to valid existing rights and
settlement of claims as provided in this section, the Secretary of
Agriculture shall convey to KATY 101.3 FM (in this section referred to
as ``KATY'') all right, title and interest of the United States in and
to a parcel of real property consisting of approximately 1.06 acres
within the San Bernardino National Forest in Riverside County,
California, generally located in the north \1/2\ of section 23,
township 5 south, range 2 east, San Bernardino meridian.
(b) Legal Description.--The Secretary and KATY shall, by mutual
agreement, prepare the legal description of the parcel of real property
to be conveyed under subsection (a), which is generally depicted as
Exhibit A-2 in an appraisal report of the subject parcel dated August
26, 1999, by Paul H. Meiling.
(c) Consideration.--Consideration for the conveyance under
subsection (a) shall be equal to the appraised fair market value of the
parcel of real property to be conveyed. Any appraisal to determine the
fair market value of the parcel shall be prepared in conformity with
the Uniform Appraisal Standards for Federal Land Acquisition and
approved by the Secretary.
(d) Settlement.--In addition to the consideration referred to in
subsection (c), upon the receipt of $16,600 paid by KATY to the
Secretary, the Secretary shall release KATY from any and all claims of
the United States arising from the occupancy and use of the San
Bernardino National Forest by KATY for communication site purposes.
(e) Access Requirements.--Notwithstanding section 1323(a) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or
any other law, the Secretary is not required to provide access over
National Forest System lands to the parcel of real property to be
conveyed under subsection (a).
(f) Administrative Costs.--Any costs associated with the creation
of a subdivided parcel, recordation of a survey, zoning, and planning
approval, and similar expenses with respect to the conveyance under
this section, shall be borne by KATY.
(g) Assumption of Liability.--By acceptance of the conveyance of
the parcel of real property referred to in subsection (a), KATY, and
its successors and assigns will indemnify and hold harmless the United
States for any and all liability to General Telephone and Electronics
Corporation (also known as ``GTE'') KATY, and any third party that is
associated with the parcel, including liability for any buildings or
personal property on the parcel belonging to GTE and any other third
parties.
(h) Treatment of Receipts.--All funds received pursuant to this
section shall be deposited in the fund established under Public Law 90-
171 (16 U.S.C. 484a; commonly known as the Sisk Act), and the funds
shall remain available to the Secretary, until expended, for the
acquisition of lands, waters, and interests in land for the inclusion
in the San Bernardino National Forest.
(i) Receipts Act Amendment.--The Act of June 15, 1938 (Chapter
438:52 Stat. 699), as amended by the Acts of May 26, 1944 (58 Stat.
227), is further amended--
(1) by striking the comma after the words ``Secretary of
Agriculture'';
(2) by striking the words ``with the approval of the
National Forest Reservation Commission established by section 4
of the Act of March 1, 1911 (16 U.S.C. 513),'';
(3) by inserting the words ``, real property or interests
in lands,'' after the word ``lands'' the first time it is used;
(4) by striking ``San Bernardino and Cleveland'' and
inserting ``counties of San Bernardino, Cleveland and Los
Angeles'';
(5) by striking ``county of Riverside'' each place it
appears and inserting ``counties of Riverside and San
Bernardino'';
(6) by striking ``as to minimize soil erosion and flood
damage'' and inserting ``for National Forest System purposes'';
and
(7) after the ``Provided further, That'', by striking the
remainder of the sentence to the end of the paragraph, and
inserting ``twelve and one-half percent of the monies otherwise
payable to the State of California for the benefit of San
Bernardino County under the aforementioned Act of March 1, 1911
(16 U.S.C. 500) shall be available to be appropriated for
expenditure in furtherance of this Act.
Passed the Senate October 5 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2111
_______________________________________________________________________
AN ACT
To direct the Secretary of Agriculture to convey for fair market value
1.06 acres of land in the San Bernardino National Forest, California,
to KATY 101.3 FM, a California corporation. | Requires the Secretary, upon the receipt of a specified payment by KATY to the Secretary, to release KATY from any and all claims of the United States arising from the occupancy and use of the San Bernardino National Forest by KATY for communication site purposes. Declares that by acceptance of such conveyance, KATY and its successors and assigns, will indemnify and hold harmless the United States for any and all liability to General Telephone and Electronics Corporation (GTE), KATY, and any third party that is associated with such parcel, including liability for any buildings or personal property on it belonging to GTE and any other third parties. Requires all funds received pursuant to this Act to be deposited in the fund established under the Sisk Act, and to remain available to the Secretary for the acquisition of lands, waters, and interests in land for inclusion in the San Bernardino National Forest.
Amends a certain receipts Act to: (1) authorize the Secretary to acquire by purchase lands, real property or interests in lands within the boundaries of the San Bernardino, Cleveland, and Los Angeles National Forests in California; (2) require such lands, real property or interests to be managed for National Forest System purposes; and (3) provide for a specified percentage of the monies otherwise payable to California for the benefit of San Bernardino County to be available to be appropriated for expenditure in furtherance of such Act. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Champlain Valley National Heritage
Partnership Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Champlain Valley and its extensive cultural and
natural resources have played a significant role in the history
of the United States and the individual States of Vermont and
New York;
(2) archaeological evidence indicates that the Champlain
Valley has been inhabited by humans since the last retreat of
the glaciers, with the Native Americans living in the area at
the time of European discovery being primarily of Iroquois and
Algonquin descent;
(3) the linked waterways of the Champlain Valley, including
the Richelieu River in Canada, played a unique and significant
role in the establishment and development of the United States
and Canada through several distinct eras, including--
(A) the era of European exploration, during which
Samuel de Champlain and other explorers used the
waterways as a means of access through the wilderness;
(B) the era of military campaigns, including highly
significant military campaigns of the French and Indian
War, the American Revolution, and the War of 1812; and
(C) the era of maritime commerce, during which
canals boats, schooners, and steamships formed the
backbone of commercial transportation for the region;
(4) those unique and significant eras are best described by
the theme ``The Making of Nations and Corridors of Commerce'';
(5) the artifacts and structures associated with those eras
are unusually well-preserved;
(6) the Champlain Valley is recognized as having one of the
richest collections of historical resources in North America;
(7) the history and cultural heritage of the Champlain
Valley are shared with Canada and the Province of Quebec;
(8) there are benefits in celebrating and promoting this
mutual heritage;
(9) tourism is among the most important industries in the
Champlain Valley, and heritage tourism in particular plays a
significant role in the economy of the Champlain Valley;
(10) it is important to enhance heritage tourism in the
Champlain Valley while ensuring that increased visitation will
not impair the historical and cultural resources of the region;
(11) according to the 1999 report of the National Park
Service entitled ``Champlain Valley Heritage Corridor
Project'', ``the Champlain Valley contains resources and
represents a theme `The Making of Nations and Corridors of
Commerce', that is of outstanding importance in U.S. history'';
and
(12) it is in the interest of the United States to preserve
and interpret the historical and cultural resources of the
Champlain Valley for the education and benefit of present and
future generations.
(b) Purposes.--The purposes of this Act are--
(1) to establish the Champlain Valley National Heritage
Partnership in the States of Vermont and New York to recognize
the importance of the historical, cultural, and recreational
resources of the Champlain Valley region to the United States;
(2) to assist the State of Vermont and New York, including
units of local government and nongovernmental organizations in
the States, in preserving, protecting, and interpreting those
resources for the benefit of the people of the United States;
(3) to use those resources and the theme ``The Making of
Nations and Corridors of Commerce'' to--
(A) revitalize the economy of communities in the
Champlain Valley; and
(B) generate and sustain increased levels of
tourism in the Champlain Valley;
(4) to encourage--
(A) partnerships among State and local governments
and nongovernmental organizations in the United States;
and
(B) collaboration with Canada and the Province of
Quebec to--
(i) interpret and promote the history of
the waterways of the Champlain Valley region;
(ii) form stronger bonds between the United
States and Canada; and
(iii) promote the international aspects of
the Champlain Valley region; and
(5) to provide financial and technical assistance for the
purposes described in paragraphs (1) through (4).
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage partnership.--The term ``Heritage
Partnership'' means the Champlain Valley National Heritage
Partnership established by section 4(a).
(2) Management entity.--The term ``management entity''
means the Lake Champlain Basin Program.
(3) Management plan.--The term ``management plan'' means
the management plan developed under section 4(b)(B)(i).
(4) Region.--
(A) In general.--The term ``region'' means any area
or community in 1 of the States in which a physical,
cultural, or historical resource that represents the
theme is located.
(B) Inclusions.--The term ``region'' includes
(i) the linked navigable waterways of--
(I) Lake Champlain;
(II) Lake George;
(III) the Champlain Canal; and
(IV) the portion of the Upper
Hudson River extending south to
Saratoga;
(ii) portions of Grand Isle, Franklin,
Chittenden, Addison, Rutland, and Bennington
Counties in the State of Vermont; and
(iii) portions of Clinton, Essex, Warren,
Saratoga and Washington Counties in the State
of New York.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--the term ``State'' means--
(A) the State of Vermont; and
(B) the State of New York.
(7) Theme.--The term ``theme'' means the theme ``The Making
of Nations and Corridors of Commerce'', as the term is used in
the 1999 report of the National Park Service entitled
``Champlain Valley Heritage Corridor Project'', that describes
the periods of international conflict and maritime commerce
during which the region played a unique and significant role in
the development of the United States and Canada.
SEC. 4. HERITAGE PARTNERSHIP.
(a) Establishment.--There is established in the regional the
Champlain Valley National Heritage Partnership.
(b) Management Entity.--
(1) Duties.--
(A) In general.--The management entity shall
implement the Act.
(B) Management plan.--
(i) In general.--Not later than 3 years
after the date of enactment of this Act, the
management entity shall develop a management
plan for the Heritage Partnership.
(ii) Existing plan.--Pending the completion
and approval of the management plan, the
management entity may implement the provisions
of this Act based on its federally authorized
plan ``Opportunities for Action, an Evolving
Plan For Lake Champlain''.
(iii) Contents.--The management plan shall
include--
(I) recommendations for funding,
managing, and developing the Heritage
Partnership;
(II) a description of activities to
be carried out by public and private
organizations to protect the resources
of the Heritage Partnership;
(III) a list of specific, potential
sources of funding for the protection,
management, and development of the
Heritage Partnership;
(IV) an assessment of the
organizational capacity of the
management entity to achieve the goals
for implementation; and
(V) recommendations of ways in
which to encourage collaboration with
Canada and the Province of Quebec in
implementing this Act.
(iv) Considerations.--In developing the
management plan under clause (i), the
management entity shall take into consideration
existing Federal, State, and local plans
relating to the region.
(v) Submission to secretary for approval.--
(I) In general.--Not later than 3
years after the date of enactment of
this Act, the management entity shall
submit the management plan to the
Secretary for approval.
(II) Effect of failure to submit.--
If a management plan is not submitted
to the Secretary by the date specified
in paragraph (I), the Secretary shall
not provide any additional funding
under this Act until a management plan
for the Heritage Partnership is
submitted to the Secretary.
(vi) Approval.--Not later than 90 days
after receiving the management plan submitted
under subparagraph (V)(I), the Secretary, in
consultation with the States, shall approve or
disapprove the management plan.
(vii) Action following disapproval.--
(I) General.--If the Secretary
disapproves a management plan under
subparagraph (vi), the Secretary
shall--
(aa) advise the management
entity in writing of the
reasons for the disapproval;
(bb) make recommendations
for revisions to the management
plan; and
(cc) allow the management
entity to submit to the
Secretary revisions to the
management plan.
(II) Deadline for approval of
revision.--Not later than 90 days after
the date on which a revision is
submitted under subparagraph
(vii)(I)(cc), the Secretary shall
approve or disapprove the revision.
(viii) Amendment.--
(I) In general.--After approval by
the Secretary of the management plan,
the management entity shall
periodically--
(aa) review the management
plan; and
(bb) submit to the
Secretary, for review and
approval by the Secretary, the
recommendations of the
management entity for any
amendments to the management
plan that the management entity
considers to be appropriate.
(II) Expenditure of funds.--No
funds made available under this Act
shall be used to implement any
amendment proposed by the management
entity under subparagraph (viii)(1)
until the Secretary approves the
amendments.
(2) Partnerships.--
(A) In general.--In carrying out this Act, the
management entity may enter into partnerships with--
(i) the States, including units of local
governments in the States;
(ii) nongovernmental organizations;
(iii) Indian Tribes; and
(iv) other persons in the Heritage
Partnership.
(B) Grants.--Subject to the availability of funds,
the management entity may provide grants to partners
under subparagraph (A) to assist in implementing this
Act.
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available
under this Act to acquire real property or any interest in real
property.
(c) Assistance From Secretary.--To carry out the purposes of this
Act, the Secretary may provide technical and financial assistance to
the management entity.
SEC. 5. EFFECT.
Nothing in this Act--
(1) grants powers of zoning or land use to the management
entity;
(2) modifies, enlarges, or diminishes the authority of the
Federal Government or a State or local government to manage or
regulate any use of land under any law (including regulations);
or
(3) obstructs or limits private business development
activities or resource development activities.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act not more than a total of $10,000,000, of which not more
than $1,000,000 may be made available for any fiscal year.
(b) Non-Federal Share.--The non-Federal share of the cost of any
activities carried out using Federal funds made available under
subsection (a) not be less than 50 percent.
SEC. 7. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act. | Champlain Valley National Heritage Partnership Act of 2003 - Establishes the Champlain Valley National Heritage Partnership within the States of Vermont and New York.Directs the Partnership's management entity, the Lake Champlain Basin Program, to develop a management plan for the Partnership (for the Secretary of Interior's approval) that includes: (1) recommendations for funding, managing, and developing the Partnership; (2) a description of activities to be carried out by public and private organizations to protect the Partnership's resources; (3) an assessment of the organizational capacity of the Program to achieve the goals for implementation; and (4) recommendations for collaboration with Canada and the Province of Quebec in implementing this Act.Authorizes the Program to enter into partnerships with, and make grants to, various public and private entities to carry out this Act. Allows the Secretary to provide assistance to carry out this Act.Prohibits the Program from using Federal funds made available by this Act to acquire real property or any interest in real property.Prohibits Federal assistance under this Act after 15 years after its enactment. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Grants for Great Starts
Act''.
SEC. 2. PILOT PROJECTS TO SUPPORT AND EVALUATE BEFORE-SCHOOL
ACTIVITIES.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following:
``(h) Pilot Projects to Support and Evaluate Before-School
Activities.--
``(1) Grants to state agencies.--
``(A) Grants.--(i) Subject to funds made available
under paragraph (5), the Secretary, in coordination
with the Secretary of Education, shall make grants to 7
State agencies to conduct pilot projects in 17
elementary schools in each such State to--
``(I) support the provision of before-
school activities that advance student academic
achievement and encourage the establishment of,
or increase participation in, school breakfast
programs; and
``(II) evaluate the effect of providing
before-school activities on participation in
school breakfast programs.
``(ii) In carrying out clause (i), the Secretary
shall make grants to 1 State in each of the 7
geographic regions of the United States (as determined
for purposes of programs of the Food and Nutrition
Service).
``(B) Application.--
``(i) In general.--The Secretary may make a
grant to a State agency under subparagraph (A)
only if the State agency submits to the
Secretary an application that contains, at a
minimum, the information described in clause
(ii).
``(ii) Information.--The information
described in this clause is the following:
``(I) A description of how the
State agency will provide oversight of
pilot projects to be conducted in
selected elementary schools in the
State to ensure that before-school
activities under the projects will
increase participation in the school
breakfast program.
``(II) A description of the methods
to be used by the State agency to
promote and make available all
appropriate information concerning
subgrants to be made under paragraph
(2) for the conduct of pilot projects
in selected elementary schools in the
State.
``(III) A description of the
methods to be used by the State agency
to collect data for the evaluation of
the pilot projects in accordance with
paragraph (4)(A).
``(C) Selection criteria.--In making grants to
State agencies under subparagraph (A), the Secretary
shall ensure that the pilot projects to be conducted in
elementary schools under the jurisdiction of the local
educational agencies are selected so as to--
``(i)(I) ensure the likelihood that
proposed before-school activities under the
pilot projects will increase participation in
school breakfast programs; and
``(II) ensure coordination of the pilot
projects with other programs and activities
offered by the elementary schools;
``(ii)(I) provide for an equitable
distribution of pilot projects among urban and
rural elementary schools; and
``(II) provide for an equitable
distribution of pilot projects among elementary
schools with and without school breakfast
programs; and
``(iii) provide for an equitable
distribution of pilot projects among schools of
varying family income levels.
``(D) Limitation.--Not more than 1.5 percent of the
amount of a grant received by a State agency under
subparagraph (A) may be used by the State agency for
administrative expenses of the pilot projects under
this subsection.
``(2) Subgrants to local educational agencies.--
``(A) Subgrants.--
``(i) In general.--A State agency that
receives a grant under paragraph (1) shall use
amounts from the grant to make subgrants to
local educational agencies to conduct pilot
projects in accordance with this subsection to
support the provision of before-school
activities, including the activities described
in clause (ii), that advance student academic
achievement and encourage the establishment of,
or increase participation in, school breakfast
programs.
``(ii) Activities.--The activities
described in this clause are the following:
``(I) Remedial education activities
and academic enrichment learning
programs.
``(II) Mathematics and science
education activities.
``(III) Arts and music appreciation
activities.
``(IV) Entrepreneurial education
activities.
``(V) Tutoring services and
mentoring programs.
``(VI) Telecommunications and
technology education programs.
``(VII) Expanded library service
hours.
``(VIII) Programs that provide
assistance to students who have been
truant or suspended to allow the
students to improve their academic
achievement.
``(IX) Drug and violence prevention
programs, counseling programs, and
character education programs.
``(B) Application.--
``(i) In general.--The State agency may
make a subgrant to a local educational agency
under subparagraph (A) only if the local
educational agency submits to the State agency
an application that contains, at a minimum, the
information described in clause (ii).
``(ii) Information.--The information
described in this clause is the following:
``(I)(aa) Except as provided in
item (bb), a description of the
breakfast program of each elementary
school under the jurisdiction of the
local educational agency within which a
pilot project will be conducted,
including the number of students who
participate in the program and the
percentage of students who participate
in the program in rural versus urban
schools.
``(bb) In the case of an elementary
school without a breakfast program and
within which a pilot project will be
conducted, a description of a plan that
outlines how the school will establish
and operate a breakfast program in
coordination with the pilot project.
``(II) A description of how the
local educational agency, in
conjunction with the school food
authority, will carry out the pilot
projects in accordance with this
subsection, including a description of
(aa) the specific activities that will
be carried out by the local educational
agency to remove any perceived stigma
associated with participation in the
breakfast program and to increase
participation in the program, and (bb)
all other specific activities that will
be carried out under the projects.
``(III) A description of a proposed
budget to carry out the pilot projects.
``(C) Selection criteria.--In making subgrants to
local educational agencies under subparagraph (A), the
State agency shall ensure that the local educational
agencies have under their jurisdiction a sufficient
number of elementary schools that are not participating
in the pilot projects to permit a valid evaluation of
the results of the pilot projects.
``(D) Duration of pilot projects.--A local
educational agency that receives a subgrant under
subparagraph (A) to conduct a pilot project in
accordance with this subsection shall conduct the
project during a period of not less than 3 successive
school years.
``(E) Minimum amount of awards to elementary
schools.--Subject to the availability of funds of a
subgrant provided to a local educational agency under
subparagraph (A) to conduct a pilot project in
accordance with this subsection, the minimum amount
provided to an elementary school under the pilot.
``(3) Prohibition.--Amounts provided under a grant or
subgrant made under this subsection may not be used to provide
a Federal reimbursement for school breakfasts under the school
breakfast program.
``(4) Evaluation; report.--
``(A) Evaluation.--The Secretary shall conduct an
evaluation of the pilot projects conducted by local
educational agencies under this subsection with respect
to the establishment of, and increased participation
in, school breakfast programs.
``(B) Report.--Not later than September 30, 2006,
the Secretary shall prepare and submit to Congress a
report that contains the results of the evaluation
conducted under subparagraph (A).
``(5) Authorization of appropriations.--
``(A) General authorization.--There is authorized
to be appropriated to carry out this subsection (other
than paragraph (4)) $6,000,000 for each of the fiscal
years 2005 through 2007.
``(B) Evaluation.--There is authorized to be
appropriated to carry out paragraph (4) $2,000,000 for
fiscal year 2007.''. | Educational Grants for Great Starts Act - Amends the Richard B. Russell National School Lunch Act to establish a pilot program to: (1) support before-school activities that advance student academic achievement and that encourage establishing of, or increasing participation in, school breakfast programs; and (2) evaluate the effect before-school activities have on school breakfast program participation. Directs the Secretary of Agriculture, in coordination with the Secretary of Education, to make such program grants to seven State agencies to conduct pilot projects in 17 elementary schools in each such State through subgrants to local educational agencies. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northwest Rural Employment and
Forest Restoration Act of 2004''.
SEC. 2. DEFINITIONS.
In this section:
(1) Northwest forest plan.--The term ``Northwest Forest
Plan'' means the collection of documents issued in 1994 and
entitled ``Final Supplemental Environmental Impact Statement
and Record of Decision for Amendments to Forest Service and
Bureau of Land Management Planning Documents within the Range
of the Northern Spotted Owl'' and ``Standards and Guidelines
for Management of Habitat for Late-Successional and Old-Growth
Forest Related Species Within the Range of the Northern Spotted
Owl''.
(2) Westside forest land.--The term ``Westside Forest
land'' refers to the publicly owned Douglas fir and western
hemlock forests in Oregon and Washington that are covered by
the Northwest Forest Plan, located west of the Cascade Crest,
and administered by the Bureau of Land Management or the Forest
Service. These forests generally belong to the western hemlock
and pacific silver fir plant associations and have their
geographic center north of the mixed conifer and pine series
characteristic of Southern Oregon. These forests are found
within the boundaries of the Mt. Baker-Snoqualmie National
Forests, Olympic National Forest, Gifford Pinchot National
Forest, Siuslaw National Forest, Mount Hood National Forest,
Willamette National Forest, Umpqua National Forest, Rogue River
National Forest, Salem Bureau of Land Management District,
Eugene Bureau of Land Management District, Roseburg Bureau of
Land Management District, Coos Bay Bureau of Land Management
District, and Medford Bureau of Land Management District.
(3) Forest health.--The term ``forest health'', with
respect to an area of Westside Forest land, refers to the
ability of the land to support viable native species
assemblages or to have, or be developing, historic species
composition, function, and structure and hydrologic function.
(4) Late-successional reserve.--The term ``late-
successional reserve'' means land area designated as a ``late-
successional reserve'' pursuant to the Northwest Forest Plan.
(5) Old growth.--The term ``old growth'' means late-
successional and mature multi-storied conifer forest stands,
more than 120 years old as of the date of the enactment of this
Act, that provide, or are likely to provide, complex habitat
for associated species assemblages.
(6) Young managed stands.--The term ``young managed stand''
means a stand of trees where the overstory has been
mechanically removed and the stand has been artificially
regenerated.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Northwest Forest Plan can be better implemented.
Better implementation and funding of the Northwest Forest Plan
could significantly improve protection for native forest
ecosystems and wildlife and substantially increase timber
production and economic opportunities for rural communities.
(2) Logging of old-growth forests diminishes a unique
natural heritage, as well as habitat for rare, threatened and
endangered species. Old-growth logging creates intense public
controversy that has prevented attainment of the social and
economic goals of the Northwest Forest Plan. Thinning in
younger, previously managed forests, on the contrary, can help
recover habitat, reduce controversy, and create certainty and
stability in wood fiber production.
(3) To improve habitat and to capture future commodity
production potential, the Forest Service and Bureau of Land
Management should implement an accelerated thinning regime
across a wide landscape, primarily in young managed stands.
(4) There are vast unmet thinning needs on Westside Forest
lands. Currently there are over 1,000,000 acres of young
managed stands designated as late-successional reserves within
the range of the Northwest Forest Plan that need immediate
thinning or will need thinning in the near future.
Additionally, there are approximately 1,000,000 acres of young
managed stands designated as matrix on these lands that are
also in immediate need of thinning or will need thinning in the
near future.
(5) The Forest Service estimates that thinning the millions
of acres of young managed stands on Westside Forest lands could
produce approximately 6,000,000,000 board-feet of commercial
timber over the next couple of decades.
(6) The timber industry in Oregon and Washington has
largely re-tooled its existing mills to process the smaller-
diameter commercial timber generated from thinning young
managed stands and is no longer dependent on large-diameter
old-growth trees.
(7) A program of intensive and accelerated thinning in
young managed stands could annually yield twice the volume of
commercial timber products than the volume currently being
produced from Federal lands under the Northwest Forest Plan.
(8) The Olympic and Siuslaw National Forests represent nine
percent of the National Forest land base in Oregon and
Washington under the Northwest Forest Plan, but in 2003
produced almost 20 percent of the volume in this area. A number
of factors account for this fact, but the primary reason for
these forests' productivity is the absence of appeals and
litigation due to an emphasis on thinning young managed stands.
(9) The Siuslaw National Forest generates approximately
20,000,000 board-feet annually, with the potential to generate
50,000,000 board-feet, from young managed stands, resulting in
millions of dollars for additional restoration projects, other
forest accounts, payments to local counties, and the Federal
Treasury.
(10) The Gifford Pinchot National Forest was once the top
producing forest in Washington. Harvest volumes dropped
substantially, to approximately 2,000,000 board-feet of timber
per year, due to controversy over old-growth logging. Since
shifting to an emphasis on thinning young managed stands, the
Gifford Pinchot National Forest can now produce nearly
18,000,000 board-feet of commercial timber annually with
virtually no controversy, appeals, or litigation.
(11) Thinning young managed stands could significantly
contribute to improved forest health, water quality, wildlife
and vegetation diversity, and the development of vital old
growth forest ecosystems, while providing thousands of jobs and
much-needed economic activity in depressed rural communities of
Western Oregon and Washington.
SEC. 4. INVENTORY OF WESTSIDE FOREST LAND.
(a) Westside Forest Inventory.--Not later than 180 days after the
date of the enactment of this Act, each Forest Service and Bureau of
Land Management administrative unit containing Westside Forest land
shall--
(1) identify different forest land management allocations,
as amended by the Northwest Forest Plan; and
(2) identify the location, acreage, and age of old growth
stands, young managed stands, and other naturally occuring
stands, regardless of land management allocation.
(b) Existing Inventories.--Existing forest inventories may be used
to satisfy the requirements of this section, subject to an internal
review confirming the accuracy of the inventory.
SEC. 5. MANAGEMENT PRIORITIES FOR WESTSIDE FOREST LAND.
(a) Forest Health Projects; Prioritization.--Upon completion of the
forest inventory required by section 4 for a Forest Service or Bureau
of Land Management administrative unit, the administrative unit shall
plan and implement projects described in subsection (b) through (e) to
enhance the forest health of Westside Forest land managed by the
administrative unit. In selecting such projects, resources of the
administrative unit shall be prioritized so that significant acreage
identified in the inventory in the two categories described in
subsections (b) and (c) are planned for treatment, and treatment has
begun, before planning of projects described in subsections (d) and (e)
is commenced.
(b) Enhancement of Late-Successional Forest Development.--The
highest priority shall be given to projects involving variable density
thinning treatments to enhance late-successional forest development in
young managed stands in late-successional reserves. Projects shall
avoid impacts to unstable slopes, and avoid disturbance to aquatic
systems and soils. All projects shall comply with the management
guidelines for late-successional reserves contained in the Northwest
Forest Plan, except, notwithstanding the 80-year age limit for late-
successional reserve management, active management to improve forest
health in young managed stands may occur up to 120 years of age in a
late-successional reserve. Appropriate thinning prescriptions for a
late-successional reserve shall be site-specific to individual young
managed stands, taking into account factors such as the slope aspect,
soil type, hydrology, geomorphology, and vegetation composition of the
site.
(c) Improvement of Young Managed Stands.--The second highest
priority shall be given to projects involving thinning in young managed
stands designated for timber production in the matrix designed to
increase the objectives of future timber production or enhanced
habitat, or both objectives.
(d) Testing of Innovative Management Techniques and Strategies.--An
administrative unit may plan and implement silvicultural projects under
this section that test new and innovative management techniques and
strategies in adaptive management areas under the Northwest Forest
Plan. Projects shall avoid impacts to unstable slopes, streams, and
soils, as defined in the Northwest Forest Plan, as well as identified
old growth forests.
(e) Projects on Matrix Land.--For matrix land containing old growth
stands, an administrative unit shall not plan, advertise, contract, or
implement any harvest of timber, except for noncommercial use, or
noncommercial purposes in an emergency situation such as wildland fire-
fighting. Other projects may include any management activity allowed by
the Northwest Forest Plan.
SEC. 6. PREPARATION OF PROGRAMMATIC ENVIRONMENTAL DOCUMENTATION.
(a) NEPA Documentation.--Based on the forest inventory required by
section 4 for a Forest Service or Bureau of Land Management
administrative unit, the administrative unit may prepare programmatic
environmental documentation pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) at the appropriate scale
(District, watershed, or subwatershed) to study the significant
environmental effects of the major Federal actions contemplated in
projects authorized by section 5.
(b) Elimination of Repetitive Discussions of Issues.--If
programmatic environmental documentation is prepared under subsection
(a), the Forest Service or Bureau of Land Management administrative
unit may eliminate repetitive discussions of the same issues and focus
on the actual issues ripe for decision at subsequent levels of
environmental review. Subsequent levels of environmental review may
tier to the programmatic environmental document by summarizing the
issues discussed in the broader statement and incorporate discussions
from the broader statement by reference.
SEC. 7. IMPLEMENTATION REQUIREMENTS AND AUTHORIZATION OF
APPROPRIATIONS.
(a) Relation to Northwest Forest Plan.--This Act is intended to
supplement the requirements of the Northwest Forest Plan. Except as
provided in section 5, all projects on Westside Forest lands shall be
planned and implemented in compliance with the Northwest Forest Plan
and all other applicable laws.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for each fiscal year to plan and implement
projects under section 5. Amounts appropriated pursuant to this
authorization of appropriation shall remain available until expended.
This authorization of appropriations is in addition to any other
authorization of appropriations for the Forest Service or the Bureau of
Land Management.
(c) Treatment of Proceeds From Certain Projects.--
(1) Retained proceeds.--Subject to paragraph (2), an
administrative unit of the Forest Service or the Bureau of Land
Management may retain proceeds from the sale of commercial
timber resulting from a project described in section 5(b) for
use in planning and implementing other projects under such
section and other projects to improve forest health on Westside
Forest lands.
(2) Relation to other forest receipt laws.--Nothing in this
Act shall affect deposits to the Knudsen-Vanderburg
Reforestation Trust Fund established under section 3 of the Act
of June 9, 1930 (16 U.S.C. 576b), the requirement to make
payments to States or counties under any provision of law, or
other obligations related to receipts obtained from the sale of
forest products from Westside Forest lands. | Northwest Rural Employment and Forest Restoration Act of 2004 - Requires each Forest Service and Bureau of Land Management administrative unit containing Westside Forest land to identify: (1) different forest land management allocations, as amended by the Northwest Forest Plan; and (2) the location, acreage, and age of old growth stands, young managed stands, and other naturally occurring stands.
Requires such administrative units to: (1) plan and implement projects to enhance the forest health of Westside Forest land managed by the administrative unit; and (2) prioritize projects so that significant acreage identified in the inventory are planned for treatment, and treatment has begun, before planning other projects. Sets forth priorities for such projects.
Prohibits such administrative units from planning, advertising, contracting or implementing any harvest of timber for matrix land containing old growth stands, except for noncommercial use or noncommercial purposes in an emergency situation.
Allows such administrative units to prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 to study the significant environmental effects of the major Federal actions contemplated in projects authorized by this Act. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Personal
Protection Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Second Amendment to the United States Constitution
provides that the right of the people to keep and bear arms
shall not be infringed.
(2) The Second Amendment to the United States Constitution
protects the rights of individuals, including those who are not
members of a militia or engaged in military service or
training, to keep and bear arms.
(3) The law-abiding citizens of the District of Columbia
are deprived by local laws of handguns, rifles, and shotguns
that are commonly kept by law-abiding persons throughout the
United States for sporting use and for lawful defense of their
persons, homes, businesses, and families.
(4) The District of Columbia has one of the highest per
capita murder rates in the Nation, which may be attributed in
part to local laws prohibiting possession of firearms by law-
abiding persons who would otherwise be able to defend
themselves and their loved ones in their own homes and
businesses.
(5) The Federal Gun Control Act of 1968, as amended by the
Firearms Owners' Protection Act of 1986, and the Brady Handgun
Violence Prevention Act of 1993, provide comprehensive Federal
regulations applicable in the District of Columbia as
elsewhere. In addition, existing District of Columbia criminal
laws punish possession and illegal use of firearms by violent
criminals and felons. Consequently, there is no need for local
laws which only affect and disarm law-abiding citizens.
(6) Legislation is required to correct the District of
Columbia's law in order to restore the fundamental rights of
its citizens under the Second Amendment to the United States
Constitution and thereby enhance public safety.
SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS.
Section 4 of the Act entitled ``An Act to prohibit the killing of
wild birds and wild animals in the District of Columbia'', approved
June 30, 1906 (34 Stat. 809; section 1-303.43, D.C. Official Code) is
amended by adding at the end the following: ``Nothing in this section
or any other provision of law shall authorize, or shall be construed to
permit, the Council, the Mayor, or any governmental or regulatory
authority of the District of Columbia to prohibit, constructively
prohibit, or unduly burden the ability of persons not prohibited from
possessing firearms under Federal law from acquiring, possessing in
their homes or businesses, or using for sporting, self-protection or
other lawful purposes, any firearm neither prohibited by Federal law
nor subject to the National Firearms Act. The District of Columbia
shall not have authority to enact laws or regulations that discourage
or eliminate the private ownership or use of firearms.''.
SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN.
(a) In General.--Section 101(10) of the Firearms Control
Regulations Act of 1975 (section 7-2501.01(10), D.C. Official Code) is
amended to read as follows:
``(10) `Machine gun' means any firearm which shoots, is
designed to shoot, or can be readily converted or restored to
shoot automatically, more than 1 shot by a single function of
the trigger, and includes the frame or receiver of any such
weapon, any part designed and intended solely and exclusively,
or combination of parts designed and intended, for use in
converting a weapon into a machine gun, and any combination of
parts from which a machine gun can be assembled if such parts
are in the possession or under the control of a person.''.
(b) Conforming Amendment to Provisions Setting Forth Criminal
Penalties.--Section 1(c) of the Act of July 8, 1932 (47 Stat. 651;
section 22-4501(c), D.C. Official Code) is amended to read as follows:
``(c) `Machine gun', as used in this Act, has the meaning given
such term in section 101(10) of the Firearms Control Regulations Act of
1975.''.
SEC. 5. REPEAL REGISTRATION REQUIREMENT.
(a) Repeal of Requirement.--
(1) In general.--Section 201(a) of the Firearms Control
Regulations Act of 1975 (section 7-2502.01(a), D.C. Official
Code) is amended by striking ``any firearm, unless'' and all
that follows through paragraph (3) and inserting the following:
``any firearm described in subsection (c).''.
(2) Description of firearms remaining illegal.--Section 201
of such Act (section 7-2502.01, D.C. Official Code) is amended
by adding at the end the following new subsection:
``(c) A firearm described in this subsection is any of the
following:
``(1) A sawed-off shotgun.
``(2) A machine gun.
``(3) A short-barreled rifle.''.
(3) Conforming amendment.--The heading of section 201 of
such Act (section 7--2502.01, D.C. Official Code) is amended by
striking ``Registration requirements'' and inserting ``Firearm
Possession''.
(b) Conforming Amendments to Firearms Control Regulations Act.--The
Firearms Control Regulations Act of 1975 is amended as follows:
(1) Sections 202 through 211 (section 7-2502.02 through 7-
2502.11, D.C. Official Code) are repealed.
(2) Section 101 (section 7-2501.01, D.C. Official Code) is
amended by striking paragraph (13).
(3) Section 401 (section 7-2504.01, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``the
District;'' and all that follows and inserting the
following: ``the District, except that a person may
engage in hand loading, reloading, or custom loading of
ammunition for firearms lawfully possessed under this
Act.''; and
(B) in subsection (b), by striking ``which are
unregisterable under section 202'' and inserting
``which are prohibited under section 201''.
(4) Section 402 (section 7-2504.02, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``Any person
eligible to register a firearm'' and all that follows
through ``such business,'' and inserting the following:
``Any person not otherwise prohibited from possessing
or receiving a firearm under Federal of District law,
or from being licensed under section 923 of title 18,
United States Code,''; and
(B) in subsection (b), by amending paragraph (1) to
read as follows:
``(1) The applicant's name;''.
(5) Section 403(b) (section 7-2504.03(b), D.C. Official
Code) is amended by striking ``registration certificate'' and
inserting ``dealer's license''.
(6) Section 404(a)(3) (section 7-2504.04(a)(3)), D.C.
Official Code) is amended--
(A) in subparagraph (B)(i), by striking
``registration certificate number (if any) of the
firearm,'';
(B) in subparagraph (B)(iv), by striking ``holding
the registration certificate'' and inserting ``from
whom it was received for repair'';
(C) in subparagraph (C)(i), by striking ``and
registration certificate number (if any) of the
firearm'';
(D) in subparagraph (C)(ii), by striking
``registration certificate number or'';
(E) in subparagraph (D)(ii), by striking ``or
registration number''; and
(F) in subparagraph (E), by striking clause (iii)
and redesignating clauses (iv) and (v) as clauses (iii)
and (iv).
(7) Section 406(c) (section 7-2504.06(c), D.C. Official
Code) is amended to read as follows:
``(c) Within 45 days of a decision becoming effective which is
unfavorable to a licensee or to an applicant for a dealer's license,
the licensee or application shall--
``(1) lawfully remove from the District all destructive
devices in his inventory, or peaceably surrender to the Chief
all destructive devices in his inventory in the manner provided
in section 705; and
``(2) lawfully dispose, to himself or to another, any
firearms and ammunition in his inventory.''.
(8) Section 407(b) (section 7-2504.07(b), D.C. Official
Code) is amended by striking ``would not be eligible'' and all
that follows and inserting ``is prohibited from possessing or
receiving a firearm under Federal or District law.''.
(9) Section 502 (section 7-2505.02, D.C. Official Code) is
amended--
(A) by amending subsection (a) to read as follows:
``(a) Any person or organization not prohibited from possessing or
receiving a firearm under Federal or District law may sell or otherwise
transfer ammunition or any firearm, except those which are prohibited
under section 201, to a licensed dealer.'';
(B) by amending subsection (c) to read as follows:
``(c) Any licensed dealer may sell or otherwise transfer a firearm
to any person or organization not otherwise prohibited from possessing
or receiving such firearm under Federal or District law.'';
(C) in subsection (d), by striking paragraphs (2)
and (3); and
(D) by striking subsection (e).
(10) Section 704 (section 7-2507.04, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``any
registration certificate or'' and inserting ``a''; and
(B) in subsection (b), by striking ``registration
certificate,''.
(c) Other Conforming Amendments.--Section 2(4) of the Illegal
Firearm Sale and Distribution Strict Liability Act of 1992 (section 7--
2531.01(2)(4), D.C. Official Code) is amended--
(1) in subparagraph (A), by striking ``or ignoring proof of
the purchaser's residence in the District of Columbia''; and
(2) in subparagraph (B), by striking ``registration and''.
SEC. 6. REPEAL HANDGUN AMMUNITION BAN.
(a) Definition of Restricted Pistol Bullet.--Section 101(13a) of
the Firearms Control Regulations Act of 1975 (section 7-2501.01(13a))
is amended to read as follows:
``(13)(A) `Restricted pistol bullet' means--
``(i) a projectile or projectile core which may be
used in a handgun and which is constructed entirely
(excluding the presence of traces of other substances)
from one or a combination of tungsten alloys, steel,
iron, brass, bronze, beryllium copper, or depleted
uranium; or
``(ii) a full-jacketed projectile larger than .22
caliber designed and intended for use in a handgun and
whose jacket has a weight of more than 25 percent of
the total weight of the projectile.
``(B) The term `restricted pistol bullet' does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile
designed for target shooting, a projectile which the Attorney
General of the United States (pursuant to section 921(a)(17) of
title 18, United States Code) finds is primarily intended to be
used for sporting purposes, or any other projectile or
projectile core which the Attorney General finds is intended to
be used for industrial purposes, including a charge used in an
oil and gas well perforating device.''.
(b) Repeal of Ban.--Section 601 of the Firearms Control Regulations
Act of 1975 (section 7-2506.01, D.C. Official Code) is amended--
(1) by striking ``ammunition'' each place it appears (other
than paragraph (4)) and inserting ``restricted pistol
bullets''; and
(2) by striking paragraph (3) and redesignating paragraph
(4) as paragraph (3).
SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.
Section 702 of the Firearms Control Regulations Act of 1975
(section 7-2507.02, D.C. Official Code) is repealed.
SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED
FIREARMS.
(a) In General.--Section 706 of the Firearms Control Regulations
Act of 1975 (section 7-2507.06, D.C. Official Code) is amended--
(1) by striking ``that:'' and all that follows through
``(1) A'' and inserting ``that a''; and
(2) by striking paragraph (2).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to violations occurring after the 60-day period
which begins on the date of the enactment of this Act.
SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE'S
DWELLING OR OTHER PREMISES.
(a) In General.--Section 4(a) of the Act of July 8, 1932 (47 Stat.
651; section 22-4504(a), D.C. Official Code) is amended--
(1) in the matter before paragraph (1), by striking ``a
pistol,'' and inserting the following: ``except in his dwelling
house or place of business or on other land possessed by that
person, whether loaded or unloaded, a firearm,''; and
(2) by striking ``except that:'' and all that follows
through ``(2) If the violation'' and inserting ``except that if
the violation''.
(b) Treatment of Certain Exceptions.--Section 5(a) of such Act (47
Stat. 651; section 22-4505(a), D.C. Official Code) is amended--
(1) by striking ``pistol'' each place it appears and
inserting ``firearm''; and
(2) by striking the period at the end and inserting the
following: ``, or to any person while carrying or transporting
a firearm used in connection with an organized military
activity, a target shoot, formal or informal target practice,
sport shooting event, hunting, a firearms or hunter safety
class, trapping, or a dog obedience training class or show, or
the moving by a bona fide gun collector of part or all of the
collector's gun collection from place to place for public or
private exhibition while the person is engaged in, on the way
to, or returning from that activity if each firearm is unloaded
and carried in an enclosed case or an enclosed holster, or to
any person carrying or transporting a firearm in compliance
with sections 926A, 926B or 926C of title 18, United States
Code.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring after the 60-day period
which begins on the date of the enactment of this Act. | District of Columbia Personal Protection Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.
Amends the Firearms Control Regulations Act of 1975 to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.)
Redefines "machine gun" to include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on possession of handgun restricted pistol bullets; and (3) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked.
Repeals the definition of restricted pistol bullet as any bullet designed for use in a pistol which, when fired from a pistol with a barrel of five inches or less in length, is capable of penetrating commercially available body armor with a penetration resistance equal to or greater than that of 18 layers of kevlar.
Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.
Eliminates criminal penalties for possessing an unregistered firearm.
Amends Federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person.
Amends the District of Columbia Code to extend to firearms generally (currently, only to pistols) the prohibition against carrying such a weapon either openly or concealed within the District without a license issued pursuant to D.C. law.
Specifies exceptions to the prohibition against carrying concealed weapons in the District. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space Exploration, Development, and
Settlement Act of 2016''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) America's activities in space have challenged mankind
to travel beyond planet Earth and have provided us the
opportunity to expand human knowledge, to extend the limits of
human consciousness, and to improve the human condition;
(2) Section 217(a) of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1989 states,
``The Congress declares that the extension of human life beyond
Earth's atmosphere, leading ultimately to the establishment of
space settlements, will fulfill the purposes of advancing
science, exploration, and development and will enhance the
general welfare.'';
(3) numerous independent commissions, chartered by Congress
or established by the President, have declared space
settlements as a long-range objective of the American space
program;
(4) exploring, developing, and settling new physical areas
are parts of our heritage and will most assuredly be parts of
our future;
(5) United States space policy requires long-range goals
and strategic direction in order to provide context for near-
term space projects and programs;
(6) increasing awareness of planetary-scale existential
risks to human civilization and the survival of the species
make it prudent to develop a means to diversify the human
population beyond Earth;
(7) the development of space will create new jobs, catalyze
new industries, accelerate innovation and new technologies, and
enable America to tap vast new resources that will generate new
wealth, enhance national security, and provide Americans with
new and limitless opportunities;
(8) the establishment of space settlements will inspire
generations of future Americans;
(9) the human settlement of space is fully consistent with
the policies and objectives articulated in the National
Aeronautics and Space Act of 1958; and
(10) the adoption of a ``pioneering'' orientation by the
National Aeronautics and Space Administration is an essential
step toward enabling the establishment of space settlements.
SEC. 3. AMENDMENTS TO THE NATIONAL AERONAUTICS AND SPACE ACT.
(a) Declaration of Policy and Purpose.--Section 20102 of title 51,
United States Code, is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively;
(2) by inserting after subsection (c) the following new
subsection:
``(d) Exploration, Development, and Settlement of Space.--The
Congress declares that expanding permanent human presence beyond low-
Earth orbit in a way that enables human settlement and a thriving space
economy will enhance the general welfare of the United States and
requires the Administration to encourage and support the development of
permanent space settlements.'';
(3) in subsection (e), as so redesignated by paragraph (1)
of this subsection, by inserting after paragraph (9) the
following new paragraph:
``(10) The expansion of permanent human presence beyond
low-Earth orbit in a way that enables human settlement and a
thriving space economy.''; and
(4) in subsection (i), as so redesignated by paragraph (1)
of this subsection, by striking ``to (g)'' and inserting in
lieu thereof ``to (h)''.
(b) Definitions.--Section 20103 of title 51, United States Code, is
amended--
(1) by inserting, in paragraph (1)(D), ``and development''
after ``exploration''; and
(2) by adding at the end the following new paragraph:
``(3) Space settlement.--The term `space settlement' means
any community of humans living beyond Earth's atmosphere that
is able to economically sustain its population through a
neutral or positive balance of trade of goods and services, and
is able to expand its habitable real estate as need and desire
of the community may warrant and international law permits.''.
SEC. 4. SPACE SETTLEMENT ACTIVITIES.
(a) Space Development and Settlement Information.--Consistent with
the national security interests of the United States, the National
Aeronautics and Space Administration shall, in close cooperation with
other appropriate agencies, the private sector, academia, and the
international community, obtain, produce, and provide information
relating to all issues important for the development of a thriving
space economy and the development and establishment of human space
settlements.
(b) Report.--Once every two years after the date of enactment of
this Act, the Administrator shall submit a report to the President, the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate which describes the progress made toward
expanding permanent human presence beyond low-Earth orbit in a way that
enables human settlement and a thriving space economy.
(c) Metrics.--The National Aeronautics and Space Administration
shall, as part of its first report as required by subsection (b),
include one or more metrics by which to determine progress made toward
space settlement against which all subsequent reports as required by
subsection (b) shall be compared. The metrics may be revised as
appropriate over time to reflect emerging technological, economic, and
other trends.
SEC. 5. REVIEW OF NATIONAL SPACE POLICY AS IT MAY RELATE TO SPACE
SETTLEMENT AND A THRIVING SPACE ECONOMY.
It is the sense of Congress that the President should conduct a
review of national space policy to incorporate as a long-term goal of
the human spaceflight and exploration program to expand human presence
beyond low-Earth orbit in a way that will enable human settlement and a
thriving space economy. | Space Exploration, Development, and Settlement Act of 2016 This bill requires the National Aeronautics and Space Administration (NASA) to encourage and support the development of permanent space settlements. Expanding permanent human presence beyond low-Earth orbit in a way that enables human settlement and a thriving space economy shall be an objective of U.S. aeronautical and space activities. NASA shall obtain, produce, and provide information related to all issues important for the development of a thriving space economy and the establishment of human space settlements. | billsum_train |
Make a brief summary of the following text: SECTION 1. FINDINGS.
Congress finds the following:
(1) The aerospace industry generates nearly 15 percent of
the gross domestic product of the United States, supports
approximately 11,000,000 jobs in the United States, and leads
the United States economy in net exports.
(2) The aerospace industry contributes directly to the
economic and national security of the United States through
military, space, air transport, and information technology
applications.
(3) A skilled and educated workforce represents the most
valuable asset of the United States economy.
(4) Total employment in the aerospace industry stands at
its lowest point in 50 years.
(5) 27 percent of the aerospace manufacturing workforce
will become eligible for retirement by 2008.
(6) Students in the United States rank near the bottom of
the leading industrialized countries of the world in
mathematics and science test performance.
(7) To ensure the security of high-skilled jobs and the
global competitiveness of the domestic aerospace industry, the
United States requires coordinated Federal Government policies
to sustain and expand the science, mathematics, engineering,
and manufacturing workforce.
SEC. 2. INTERAGENCY AEROSPACE REVITALIZATION TASK FORCE.
(a) Establishment.--There is established a task force to be known
as the ``Interagency Aerospace Revitalization Task Force'' (in this
section referred to as the ``Task Force'').
(b) Duties.--The Task Force shall develop a national strategy for
aerospace workforce development, including strategies for--
(1) maximizing cooperation among departments and agencies
of the Federal Government and the use of resources of the
Federal Government in fulfilling demand for a skilled workforce
across all vocational classifications;
(2) developing integrated Federal Government policies to
promote and monitor public and private sector programs for
science, engineering, technology, mathematics, and skilled
trades education and training; and
(3) establishing partnerships with industry, organized
labor, academia, and State and local governments to--
(A) collect and disseminate information on
occupational requirements and projected employment
openings; and
(B) coordinate appropriate agency resources,
including grants, loans, and scholarships, for the
advancement of workforce education, training, and
certification programs.
(c) Membership.--
(1) Number and appointment.--The Task Force shall be
composed of 9 members who shall be appointed as follows:
(A) One member shall be the Assistant Secretary of
Labor for Employment and Training.
(B) One member shall be a representative of the
Department of Commerce and shall be appointed by the
Secretary of Commerce.
(C) One member shall be a representative of the
Department of Defense and shall be appointed by the
Secretary of Defense.
(D) One member shall be a representative of the
Department of Education and shall be appointed by the
Secretary of Education.
(E) One member shall be a representative of the
Department of Transportation and shall be appointed by
the Secretary of Transportation.
(F) One member shall be a representative of the
Department of Energy and shall be appointed by the
Secretary of Energy.
(G) One member shall be a representative of the
National Aeronautics and Space Administration (NASA)
and shall be appointed by the Administrator of NASA.
(H) One member shall be a representative of the
National Science Foundation (NSF) and shall be
appointed by the Director of the NSF.
(I) One member shall be appointed by the President.
(2) Chairperson.--The Assistant Secretary of Labor for
Employment and Training shall serve as the chairperson of the
Task Force.
(3) Deadline for appointment.--Each member shall be
appointed to the Task Force not later than 90 days after the
date of the enactment of this Act.
(4) Vacancies.--A vacancy in the Task Force shall be filled
in the manner in which the original appointment was made.
(5) Prohibition of compensation.--Members of the Task Force
may not receive pay, allowances, or benefits by reason of their
service on the Task Force.
(d) Meetings.--
(1) In general.--The Task Force shall meet at the call of
the Chairperson.
(2) Frequency.--The Task Force shall meet not less than two
times each year.
(3) Quorum.--5 members of the Task Force shall constitute a
quorum.
(e) Annual Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for four years, the Task
Force shall submit to Congress, and make available to the public, a
report containing the findings, recommendations, policies, and
initiatives developed pursuant to the duties of the Task Force under
subsection (b).
(f) Termination.--The Commission shall terminate on the date of the
submission of the final report under subsection (e). | Establishes the Interagency Aerospace Revitalization Task Force to develop a national strategy for aerospace workforce development.
Directs the Task Force to develop: (1) cooperation among Federal agencies to provide a skilled workforce; (2) integrated Federal policies to promote and monitor public and private sector education and training programs for science, engineering, technology, mathematics, and skilled trades; and (3) partnerships with industry, organized labor, academia, and State and local governments for occupational information and for workforce education, training, and certification resources, including grants, loans, and scholarships. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Physician Workforce
Improvement Act of 1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Institute of Medicine, the Alliance for Aging
Research, the National Institute on Aging, and the Council on
Graduate Medical Education have reported that there is a
critical shortage of certified geriatricians.
(2) The average total educational debt that a physician who
completes required training including a fellowship in geriatric
medicine or geriatric psychiatry in order to become a certified
geriatrician exceeds $75,000, and the current reimbursement
policy for these physicians creates significant financial
disincentives to entering the practice of geriatric medicine
and geriatric psychiatry.
(3) It is essential that physicians that provide clinical
services to elderly individuals be trained in the range of
settings in which medical care is delivered in order to provide
those services appropriately.
SEC. 3. GRADUATE MEDICAL EDUCATION FUNDING.
(a) In General.--Section 1886(h)(4) of the Social Security Act (42
U.S.C. 1395ww(h)(4)) is amended by adding at the end the following:
``(F) Geriatric programs.--
``(i) In general.--The rules established
under this paragraph shall specify that a
resident that is enrolled in a fellowship in
geriatric medicine or geriatric psychiatry
within an approved medical residency training
program shall be, for the computation of the
number of full-time-equivalent residents in an
approved medical residency training program,
counted 2 times for the period such resident is
enrolled in such fellowship.
``(ii) Limitation.--The number of residents
that are counted 2 times for the computation of
the number of full-time-equivalent residents in
an approved medical residency training program
under clause (i) shall not exceed 400 in any
calendar year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to cost reporting periods beginning on or after the date of
enactment of this Act.
SEC. 4. DEMONSTRATION PROJECTS TO INCREASE THE NUMBER OF GERIATRICIANS.
(a) Definitions.--In this section:
(1) Geriatric training consortium.--The term ``geriatric
training consortium'' means a State, regional, or local entity
that--
(A) is developed and supported by an accredited
geriatric training program;
(B) consists of--
(i) a teaching hospital;
(ii) a skilled nursing facility; and
(iii) an ambulatory care or community-based
facility, such as a community clinic, a day
treatment program, a hospice program, a managed
care organization, or a rehabilitation
facility; and
(C) is organized for--
(i) the training of residents enrolled in
formal postgraduate training programs in
geriatric medicine or geriatric psychiatry; and
(ii) the provision of appropriate training
experiences in the care of elderly individuals
to residents in primary care disciplines and
other health professionals.
(2) Primary care.--The term ``primary care'' means family
medicine, general internal medicine, general pediatrics,
preventive medicine, geriatric medicine, and osteopathic
general practice.
(3) Resident.--The term ``resident'' has the meaning given
such term in section 1886(h)(5)(I) of the Social Security Act
(42 U.S.C. 1395ww(h)(5)(I)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Demonstration Projects.--
(1) Authority.--The Secretary, through geriatric training
consortia, shall establish and conduct 5 demonstration projects
to increase the number of certified geriatricians that are
appropriately trained to provide items and services to
beneficiaries under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) in a range of patient settings. In
conducting demonstration projects under this section, the
Secretary shall make payments for the indirect costs of medical
education and the direct graduate medical education costs
relating to the training of residents to the geriatric training
consortia carrying out the projects.
(2) Application.--Any geriatric training consortium seeking
to conduct a demonstration project under this section shall
submit to the Secretary an application at such time, in such
form and manner, and containing such information as the
Secretary may require.
(c) Waiver Authority.--The Secretary may waive compliance with any
requirement of titles XI, XVIII, and XIX of the Social Security Act (42
U.S.C. 1301 et seq., 1395 et seq., 1396 et seq.) which, if applied,
would prevent a demonstration project carried out under this section
from effectively achieving the purpose of the project.
(d) Annual Report to Congress.--
(1) In general.--Beginning 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report that evaluates the
effectiveness of the demonstration projects conducted under
this section and that contains any legislative recommendations
determined appropriate by the Secretary.
(2) Continuation or replication of demonstration
projects.--Beginning 3 years after the date of enactment of
this Act, the report required under paragraph (1) shall include
recommendations regarding whether the demonstration projects
conducted under this section should be continued and whether
broad replication of the project should be initiated.
(e) Duration.--A demonstration project under this section shall be
conducted for a period of not more than 5 years. The Secretary may
terminate a project if the Secretary determines that the consortium
conducting the project is not in substantial compliance with the terms
of the application approved by the Secretary.
(f) Funding.--
(1) In general.--The Secretary shall provide for the
transfer from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Insurance Trust Fund under title XVIII of
the Social Security Act (42 U.S.C. 1395i, 1395t), in such
proportions as the Secretary determines to be appropriate, of
such funds as are necessary for the costs of carrying out the
demonstration projects under this section.
(2) Limitation.--
(A) In general.--With respect to any year that a
demonstration project is conducted under this section,
the total amount paid to such a demonstration project
shall not exceed the lessor of--
(i) an amount described in subparagraph
(B); or
(ii) $1,000,000.
(B) Amount described.--An amount described in this
subparagraph is an amount equal to the number of
geriatric fellows enrolled in a geriatric training
consortium for that year multiplied by the amount that
the hospital that is part of that geriatric training
consortium conducting the demonstration project
received under the medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) for
the indirect costs of medical education and for direct
graduate medical education costs for each full-time-
equivalent resident during the hospital's most recent
cost reporting period, determined without regard to
section 1886(h)(4)(F) of that Act (42 U.S.C.
1395ww(h)(4)(F)) (as added by section 3), and
determined as of the date the Secretary appropriates
the funds for the demonstration project for that year. | Medicare Physician Workforce Improvement Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise the rules for determining the number of full-time equivalent residents in an approved medical residency training program for purposes of determining payments for direct graduate medical education (GME) costs to provide that a resident enrolled in a fellowship in geriatric medicine or geriatric psychiatry within an approved medical residency training program be counted twice for the period such resident is enrolled in such fellowship (thereby doubling GME payments made to teaching hospitals for geriatric fellows as an incentive for such hospitals to promote and recruit such fellows). Caps the double payment to be provided for an approved medical residency training program to a maximum of 400 fellows per year.
Directs the Secretary of Health and Human Services to establish and conduct a limited number of demonstration projects to increase the number of certified geriatricians who are appropriately trained to provide items and services to beneficiaries under the Medicare program in a range of patient settings. Directs the Secretary to make annual reports to the Congress on such projects. | billsum_train |
Give a brief overview of the following text: SECTION 1. INCREASED DISCLOSURE OF DUES OF TAX-EXEMPT ORGANIZATIONS
USED FOR POLITICAL PURPOSES.
(a) Replacement of Exception Where Dues Are Generally
Nondeductible.--Section 6033(e)(3) of the Internal Revenue Code of 1986
(relating to exception where dues are generally nondeductible) is
amended to read as follows:
``(3) Exception where annual dues are small or from other
exempt organizations.--
``(A) In general.--Paragraph (1)(A) shall not apply
to an organization which establishes to the
satisfaction of the Secretary that at least 90 percent
of all annual dues or other similar amounts are
received from--
``(i) persons who each pay annual dues or
other similar amounts which are $100 or less,
or
``(ii) the following:
``(I) organizations exempt from
taxation under subtitle A other than
organizations described in paragraph
(1)(B)(i);
``(II) State and local governments;
and
``(III) entities the income from
which is exempt from taxation under
section 115.
Clause (i) shall not apply to an organization described
in section 501(c)(6).
``(B) Cost-of-living adjustment.--In the case of
taxable years beginning in a calendar year after 1997,
the $100 amount under subparagraph (A)(i) shall be
increased by an amount equal to the product of $100 and
the cost-of-living adjustment for such calendar year
under section 1(f)(3), except that subparagraph (B)
thereof shall be applied by substituting `1996' for
`1992'. If the amount of any such increase is not a
multiple of $1, such amount shall be increased to the
next highest $1.''
(b) Proxy Tax May Not Be Used To Avoid Disclosure to Members.--
(1) In general.--Section 6033(e)(2)(A) of the Internal
Revenue Code of 1986 (relating to tax imposed where
organization does not notify) is amended to read as follows:
``(A) Imposition of tax.--
``(i) In general.--If an organization fails
to include in the notices described in
paragraph (1)(A) for any taxable year the
amount allocable to expenditures to which
section 162(e)(1) applies (determined on the
basis of actual amounts rather than the
reasonable estimates under paragraph
(1)(A)(ii)), then there is hereby imposed on
such organization for such taxable year a tax
in an amount determined under clause (iii).
``(ii) Election to pay surrogate tax.--
``(I) In general.--An organization
providing the notices described in
paragraph (1)(A) for any taxable year
may elect to pay a tax for such taxable
year in the amount determined under
clause (iii).
``(II) Effect of election on
deductibility.--If an organization pays
a tax under subclause (I) for any
taxable year, paragraph (3) of section
162(e) shall not apply to the portion
of the dues or other similar amounts
paid by a taxpayer to such organization
which are allocable to the expenditures
with respect to which such organization
paid the tax under subclause (I).
``(III) Incorrect notices.--In the
case of an election under subclause
(I), an additional tax shall be imposed under clause (i) if the
estimates in the notices are less than the actual amounts.
``(iii) Amount of tax.--For purposes of
this subparagraph, the amount of tax determined
under this clause is an amount equal to the
product of the highest rate of tax imposed by
section 11 for the taxable year and--
``(I) in the case of a failure to
which clause (i) applies, the aggregate
amount not included in the notices
described in paragraph (1)(A) by reason
of such failure, or
``(II) in the case of an election
under clause (ii), the aggregate amount
included in the notices with respect to
which the election was made.''
(2) Notice requirement.--Section 6033(e)(1)(A)(ii) of such
Code (relating to reporting requirements) is amended to read as
follows:
``(ii) except as provided in paragraph (3),
shall, at the time of assessment or payment of
such dues or other similar amounts, provide
notice to each person making such payment which
contains--
``(I) a reasonable estimate of the
portion of such dues or other similar
amounts to which such expenditures are
so allocable, and
``(II) whether or not a deduction
is allowable to such person with
respect to such portion.''
(3) Penalties for failure to provide notice.--
(A) Notice accompanying dues.--Section 6710 of such
Code (relating to failure to disclose that
contributions are nondeductible) is amended--
(i) in subsection (a), by inserting ``or a
failure to meet the requirement of section
6033(e)(1)(A)(ii) by an organization to which
section 6033(e) applies'' after ``section 6113
applies''; and
(ii) in subsection (c), by inserting ``or
section 6033(e)(1)(A)(ii)'' after ``section
6013''.
(B) Annual notice.--Section 6724(d)(2) of such Code
(relating to payee statements), as amended by the Small
Business Job Protection Act of 1996 and the Health
Insurance Portability and Accountability Act of 1996,
is amended by striking ``or'' at the end of the next to
last subparagraph, by striking the period at the end of
the last subparagraph and inserting ``, or'', and by
adding at the end the following new subparagraph:
``(Z) the last sentence of section 6033(e)(1)(A).''
(4) Conforming amendments.--
(A) Section 6033(e)(2)(B) of such Code is amended
by striking ``subparagraph (A)(ii)'' and inserting
``subparagraph (A)(i)(I)''.
(B)(i) The heading for section 6710 of such Code is
amended by inserting ``or that dues are for lobbying
activities'' after ``nondeductible''.
(ii) The item relating to section 6710 in the table
of sections for part I of subchapter B of chapter 68 of
such Code is amended by inserting ``or that dues are
for lobbying activities'' after ``nondeductible''.
(c) Organizations To Which Disclosure Rules Apply.--Section
6033(e)(1)(B)(i) of the Internal Revenue Code of 1986 (relating to
organizations to which subsection applies) is amended to read as
follows:
``(i) In general.--This subsection shall
apply to any organization which is described in
paragraph (4), (5), or (6) of section 501(c)
(other than a veterans' organization) and which
is exempt from taxation under section 501(a).''
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 1996.
SEC. 2. 2-PERCENT FLOOR ON ITEMIZED DEDUCTIONS NOT TO APPLY TO
DEDUCTION FOR DUES.
(a) In General.--Section 67(b) of the Internal Revenue Code of 1986
(defining miscellaneous itemized deductions) is amended by striking
``and'' at the end of paragraph (11), by striking the period at the end
of paragraph (12) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(13) the deduction allowed under section 162 for dues or
other similar amounts paid by an individual to an organization
described in paragraph (4), (5), or (6) of section 501(c)
(other than a veterans' organization) and exempt from taxation
under section 501(a).''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Amends the Internal Revenue Code to revise provisions concerning rules relating to returns of organizations engaging in lobbying activities, including requiring notice to members of tax-exempt organizations of the portion of their dues used for such activities.
Excludes from the two-percent floor on miscellaneous itemized deductions rule dues for tax-exempt organizations, except for veterans' organizations. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atlantic Striped Bass Protection Act
of 2003''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To establish measures to minimize bycatch and the
mortality of such bycatch of Atlantic Striped Bass, Morone
saxatilis, occurring in the non-directed fisheries that operate
in the Mid-Atlantic exclusive economic zone and encounter
Atlantic Striped Bass during seasonal migrations.
(2) To direct the Secretary of Commerce to conduct a study
of existing and new fishery observer data, to effectively map
migratory patterns, delineate wintering areas, and feeding
grounds of Atlantic Striped Bass in the Mid-Atlantic exclusive
economic zone.
(3) To delineate areas of highest Atlantic Striped Bass
discard and bycatch associated with mobile net gear on a
seasonal-, spatial-, temporal-, and gear-specific basis in the
waters off the Mid-Atlantic coast of the United States.
(4) To identify, through analysis of historical and
forthcoming at sea observer data, gear types, and fisheries
that experience high levels of Atlantic Striped Bass discard
and bycatch.
(5) To protect the historical opportunities of the
recreational Atlantic Striped Bass fishery, to protect the
various businesses and economic niches that are wholly or
partly dependent upon the recreational Atlantic Striped Bass
fishery, to protect the seasonal aggregations of Atlantic
Striped Bass that occur on wintering feeding grounds, to
protect the seasonal migrations of Atlantic Striped Bass that
occur in the Mid-Atlantic exclusive economic zone, to amass an
understanding of the bycatch of Atlantic Striped Bass in the
non-directed commercial fisheries.
(6) To protect the historical opportunities of the
recreational Striped Bass fishery to ensure the maintenance of
the Atlantic Striped Bass stock and will help achieve the
conservation goals.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Once primarily a coastal, near shore fishery,
increasing numbers of Atlantic Striped Bass are occupying the
Mid-Atlantic exclusive economic zone as management measures
have rebuilt stock levels to unprecedented levels.
(2) Variations in weather and oceanographic patterns have
allowed Atlantic Striped Bass to expand their range farther
offshore into the Mid-Atlantic exclusive economic zone.
(3) Extensive coastal migrations of Atlantic Striped Bass,
which tend to be age- and sex-dependent, occur annually in the
Mid-Atlantic exclusive economic zone.
(4) Atlantic Striped Bass also aggregate on bottom features
that tend to hold forage fish, including herring, mackerel,
menhaden, and utilize these areas as winter-feeding grounds.
(5) These life history characteristics make large numbers
of Atlantic Striped Bass vulnerable to commercial fishing gear.
(6) Commercial fishing efforts coinciding with coastal
migrations of Atlantic Striped Bass and that occur on winter-
feeding grounds is creating a bycatch problem.
(7) A Federal moratorium on harvesting of Atlantic Striped
Bass in the Mid-Atlantic exclusive economic zone was
implemented in 1990 and it imposed possession and harvest
prohibitions by both recreational and commercial fishermen.
This conservation measure contributed to the eventual recovery
of the Atlantic Striped Bass stock and continues to keep
Atlantic Striped Bass fishing mortality rate below the
applicable target. Yet the bycatch problem in the Mid-Atlantic
exclusive economic zone by the non-directed fisheries is having
a negative effect on these benefits and further is in violation
of the national standard set forth in section 301(a)(9) of the
Magnuson-Stevens Fishery Conservation and Management Act.
(8) As the bycatch of Atlantic Striped Bass increases, it
may increase the fishing mortality rate of Atlantic Striped
Bass above the 0.30 target as dictated in Amendment 6 of the
Interstate Fishery Management Plan for Atlantic Striped Bass.
Provisions in Amendment 6 further attempt to increase the
number of larger Atlantic Striped Bass in the population and
develop a fuller age structure. Preliminary reports indicate
that the growing stock of Atlantic Striped Bass in the Mid-
Atlantic exclusive economic zone is largely composed of older
fish, which would compromise the conservation goals of
Amendment 6 which attempts to increase the percentage of the
larger Atlantic Striped Bass. This Act will initiate data
collection to better understand this issue and move forward
with the necessary management measures.
SEC. 4. STUDY OF ATLANTIC STRIPED BASS IN THE MID-ATLANTIC EXCLUSIVE
ECONOMIC ZONE.
(a) In General.--The Secretary of Commerce shall conduct a study--
(1) to use data gathered by observers on fishing vessels to
effectively map migratory patterns, wintering areas, and
feeding grounds of Atlantic Striped Bass in the waters of the
Mid-Atlantic exclusive economic zone--
(A) including--
(i) data from observer trip records from
1992 through 2002; and
(ii) data regarding fisheries using
anchored sink gillnets, drift sink gillnets,
small mesh trawls, large mesh trawls, mid-water
trawls, and pair trawls; and
(B) paying particular attention to trips targeting
monkfish, herring, mackerel, spiny dogfish, weakfish,
croaker, summer flounder, and loligo;
(2) use data referred to in paragraph (1) to--
(A) identify and map, on a spatial and temporal
scale, locations in which deployed gear caught or
discarded Atlantic Striped Bass in excess of 10 percent
of the target species landed on that trip; and
(B) identify gear types that result in catch or
discard of bycatch of Atlantic Striped Bass in excess
of 10 percent of the total of target species landed;
(3) confirm data referred to in paragraph (1), using
observers on--
(A) fishing vessels operating in areas and during
times identified under paragraph (2)(A); and
(B) fishing vessels using gear identified under
paragraph (2)(B).
(b) Report.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary shall submit to the
Congress a report on the findings and conclusions of the study
under this section.
(2) Contents.--The report shall include the following:
(A) The months of the year during which Atlantic
Striped Bass are most abundant in the Mid-Atlantic
exclusive economic zone.
(B) The areas in the Mid-Atlantic exclusive
economic zone that are wintering grounds for Atlantic
Striped Bass.
(C) The areas in the Mid-Atlantic exclusive
economic zone that are feeding grounds for Atlantic
Striped Bass.
(D) The areas in the Mid-Atlantic exclusive
economic zone where the core of the annual coastal
migration of Atlantic Striped Bass is located on a
weekly basis.
(E) The estimated biomass, age structure, and sex
ratio of the annual coastal migration of Atlantic
Striped Bass.
(F) The months each year in which the coastal
migration of Atlantic Striped Bass experiences elevated
levels of bycatch in the non-directed commercial
fisheries.
(G) The gear types that account for the highest
amounts of Atlantic Striped Bass bycatch.
(H) A description of how the actions of the non-
directed Atlantic Striped Bass commercial fisheries in
Mid-Atlantic exclusive economic zone--
(i) affect recreational opportunities in
the fishery; and
(ii) affect the Atlantic Striped Bass stock
as one management unit.
SEC. 5. MANAGEMENT MEASURES.
(a) In General.--Not later than 1 year after the date the Secretary
submits the report under section 4(b), the Secretary shall promulgate
regulations under section 9 of the Atlantic Striped Bass Conservation
Act (16 U.S.C. 1851 note) that are based on the findings of the study
under section 4 of this Act and that establish conservation and
management measures (as that term is used in the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to
minimize the bycatch and mortality of bycatch of Atlantic Striped Bass
caught in non-directed commercial fishing in the Mid-Atlantic exclusive
economic zone.
(b) Temporary Closures.--
(1) In general.--Regulations under this section shall
include temporary closure of any area identified in the study
under section 4 as a location in which there is a particularly
high level of Atlantic Striped Bass in non-directed commercial
fishing, under which the deployment of net, finfish trap, or
longline gear by any vessel fishing under a Federal fishing
permit shall be prohibited.
(2) Duration and location.--The Secretary shall--
(A) base the duration and location of any temporary
closure on the findings of an analysis of observer
data; and
(B) design the period of such closure to coincide
with periods in which there are high levels of Striped
Bass interactions in the exclusive economic zone.
(c) Possession Regulations.--Regulations under this section shall
not affect regulations in effect on the date of the enactment of this
Act under section 9 of the Atlantic Striped Bass Conservation Act (16
U.S.C. 5158) governing possession of Atlantic Striped Bass in the Mid-
Atlantic exclusive economic zone.
SEC. 6. PEER REVIEW.
Before issuing any final report under section 4 or final
regulations under section 5, the Secretary shall submit the report or
regulations, respectively to peer review by the Northeast Fishery
Science Center of the National Marine Fisheries Service.
SEC. 7. DEFINITIONS.
In this Act:
(1) Mid-atlantic exclusive economic zone.--The term ``Mid-
Atlantic exclusive economic zone'' means waters of the
exclusive economic zone along the Atlantic coast of the United
States located between 41 deg.5' North latitude and 35 deg.10'
south latitude.
(2) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term is section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Atlantic Striped Bass Protection Act of 2003 - Directs the Secretary of Commerce to study and report to Congress on data gathered by observers on fishing vessels to: (1) map migratory patterns, wintering areas, and feeding grounds of Atlantic Striped Bass in the waters of the Mid-Atlantic exclusive economic zone; and (2) identify and map locations in which deployed gear caught or discarded Atlantic Striped Bass in excess of ten percent of the target species landed on the same trip.
Requires the Secretary, based on study findings, to promulgate regulations under the Atlantic Striped Bass Conservation Act that establish conservation and management measures to minimize the bycatch and mortality of bycatch of Atlantic Striped Bass caught in non-directed commercial fishing in the Mid-Atlantic exclusive economic zone. Requires such regulations to include temporary closure of any identified location in which there is a particularly high level of Atlantic Striped Bass in non-directed commercial fishing, under which the deployment of net, finfish trap, or longline gear by any vessel fishing under a Federal fishing permit shall be prohibited. | billsum_train |
Make a brief summary of the following text: SECTION 1. EDUCATION FOR ELIGIBLE ADULTS.
The Adult Education Act is amended by adding at the end the
following:
``PART E--EDUCATION FOR ELIGIBLE ADULTS
``SEC. 391. SHORT TITLE.
``This part may be cited as the `American Citizenship and
Comprehensive Educational Support Services Act of 1994'.
``SEC. 392. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) there has been and will continue to be immigration
into the United States;
``(2) there is an increasing fiscal burden on States and
localities to implement Federal immigration policies that
provide for education and naturalization classes for eligible
adults;
``(3) previously there was a Federal funding commitment to
educate and naturalize eligible adults under the Immigration
Reform and Control Act of 1986 through the State Legalization
Impact Assistance Grant program;
``(4) the State Legalization Impact Assistance Grant
program has demonstrated that there is a keen interest on the
part of eligible adults in obtaining additional basic and
vocational education, as well as language and civics
instruction to qualify for naturalization; and
``(5) it is in the best interest of the United States to
have an educated population who can contribute to the work
force.
``(b) Purpose.--The purpose of this part is to provide financial
assistance to States and localities to aid in the educational and
naturalization transition of eligible adults to the United States.
``SEC. 393. PROGRAM AUTHORIZED.
``(a) Program.--The Secretary is authorized, in accordance with
this part, to make grants to or enter into contracts with eligible
service providers for the establishment, operation, and improvement of
programs that provide eligible services for eligible adults.
``(b) Uses of Funds.--(1) Activities assisted under this part shall
include--
``(A) public education;
``(B) public outreach;
``(C) assistance with initiating or completing
naturalization procedures;
``(D) educational, instructional, or testing services to
eligible adults to assist such adults in obtaining citizenship;
and
``(E) an annual evaluation component to assess program
quality and effectiveness.
``(2) Of the funds allocated under this part for a fiscal year, not
less than 15 percent shall be used to train personnel engaged or
preparing to engage in providing direct services to eligible adults
under this part.
``(3) Of the funds allocated under this part for a fiscal year, not
more than 5 percent shall be used for administrative costs.
``(c) Priority.--In awarding grants or making contracts under this
part, the Secretary shall--
``(1) give first preference to eligible service providers
in States with not less than 100,000 eligible adults; and
``(2) give further preference to eligible service providers
that demonstrate the following:
``(A) A commitment to locate and operate programs
in localities with high concentrations of eligible
adults.
``(B) Experience serving eligible adults under
section 204 of the Immigration Reform and Control Act
of 1986 and limited English proficient adults under
section 372 of this Act.
``(C) A plan to locate and operate programs in
neighborhoods where there is a high incidence of
poverty.
``SEC. 394. APPLICATIONS.
``(a) Submission.--To be eligible to receive a grant or contract
under this part, an eligible service provider shall submit an
application to the Secretary at such time and in such manner as the
Secretary may reasonably require.
``(b) Content of Application.--Applications for grants or contracts
under this part shall include--
``(1) a description of the past experience of the applicant
in operating a comparable program or in conducting a grant
program in support of other comparable service programs;
``(2) a public education plan to the community;
``(3) an outreach plan to the targeted population;
``(4) a description of the range of services to be provided
and the anticipated outcomes;
``(5) a plan to train personnel;
``(6) assurances that the program will use qualified
personnel;
``(7) assurances that the applicant has the administrative
capacity to operate a program;
``(8) an estimation of the number of eligible adults to be
served annually;
``(9) a plan to coordinate services available to eligible
adults with other Federal, State, and local agencies;
``(10) a description of the evaluation indicators to assess
program quality and effectiveness; and
``(11) such other information as the Secretary considers
appropriate.
``SEC. 395. REPORT.
``The Secretary shall report to Congress every 2 years, beginning
with the 2d year after the date of the enactment of this part regarding
the effectiveness of programs for eligible adults served under this
part.
``SEC. 396. PROGRAM STANDARDS.
``Not later than 1 year after the date of the enactment of this
part the Secretary, in consultation with appropriate experts,
educators, and administrators, shall develop indicators of program
quality to be used by eligible service providers that receive
assistance under this part as models by which to judge the quality and
effectiveness of such programs, including the effectiveness of
recruiting students, retention of material by students, and improvement
of education, language, and literacy skills of students served by such
programs. Such indicators shall take into account different operating
conditions and shall be modified as necessary.
``SEC. 397. DEFINITIONS.
``For purposes of this part--
``(1) the term `eligible adult' means an adult who--
``(A) is an alien lawfully admitted to the United
States for permanent residence;
``(B) is an alien lawfully admitted to the United
States as a refugee; or
``(C) is otherwise permanently residing in the
United States under color of law;
``(2) the term `eligible services' means--
``(A) English language instruction;
``(B) citizenship or civics instruction;
``(C) adult education and vocational education;
``(D) literacy services; and
``(E) college preparatory classes; and
``(3) the term `eligible service providers' means--
``(A) State educational agencies;
``(B) local educational agencies;
``(C) public and private institutions of higher
learning (excluding for-profit trade schools); and
``(D) public and private nonprofit organizations,
including community-based organizations.
``SEC. 398. AUTHORIZATION AND APPROPRIATION.
``There are authorized to be appropriated $100,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the fiscal
years 1996 through 1999 to carry out this part.''. | American Citizenship and Comprehensive Educational Support Services Act of 1994 - Amends the Adult Education Act to establish a program of financial assistance to States and localities to aid in the educational and naturalization transition of eligible adults to the United States.
Authorizes the Secretary of Education to make grants to or contracts with eligible service providers for programs providing English language instruction, citizenship or civics instruction, adult education and vocational education, literacy services, and college preparatory classes for eligible adults. Requires assisted activities to include public education, public outreach, assistance with naturalization procedures, educational services to assist eligible adults in obtaining citizenship, and a program evaluation component.
Authorizes appropriations. | billsum_train |
Summarize the following text: -S-E-C-T-I-O-N -1-. -I-N-C-L-U-S-I-O-N -O-F -A-D-D-I-T-I-O-N-A-L
-P-R-O-P-E-R-T-I-E-S-.
-S-e-c-t-i-o-n -1-6-0-1-(-c-) -o-f -P-u-b-l-i-c -L-a-w -9-6---6-0-7
-(-1-6 -U-.-S-.-C-. -4-1-0-l-l-) -i-s -a-m-e-n-d-e-d---
-(-1-) -b-y -s-t-r-i-k-i-n-g -`-`-i-n-i-t-i-a-l-l-y-'-'
-i-n -t-h-e -s-e-c-o-n-d -s-e-n-t-e-n-c-e-;
-(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-8-)-, -b-y
-s-t-r-i-k-i-n-g -`-`-a-n-d-'-' -t-h-e -l-a-s-t -p-l-a-c-e -i-t
-a-p-p-e-a-r-s-;
-(-3-) -i-n -p-a-r-a-g-r-a-p-h -(-9-) -b-y -s-t-r-i-k-i-n-g
-t-h-e -p-e-r-i-o-d -a-n-d -i-n-s-e-r-t-i-n-g -a
-s-e-m-i-c-o-l-o-n-; -a-n-d
-(-4-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e
-f-o-l-l-o-w-i-n-g -n-e-w -p-a-r-a-g-r-a-p-h-s-:
-`-`-(-1-0-) -n-o-t -t-o -e-x-c-e-e-d -1 -a-c-r-e-,
-p-l-u-s -i-m-p-r-o-v-e-m-e-n-t-s-, -a-s -d-e-t-e-r-m-i-n-e-d
-b-y -t-h-e -S-e-c-r-e-t-a-r-y-, -i-n -S-e-n-e-c-a -F-a-l-l-s
-f-o-r -d-e-v-e-l-o-p-m-e-n-t -o-f -a -m-a-i-n-t-e-n-a-n-c-e
-f-a-c-i-l-i-t-y-;
-`-`-(-1-1-) -d-w-e-l-l-i-n-g-, -1 -S-e-n-e-c-a
-S-t-r-e-e-t-, -S-e-n-e-c-a -F-a-l-l-s-;
-`-`-(-1-2-) -d-w-e-l-l-i-n-g-, -1-0 -S-e-n-e-c-a
-S-t-r-e-e-t-, -S-e-n-e-c-a -F-a-l-l-s-;
-`-`-(-1-3-) -p-a-r-c-e-l-s -a-d-j-a-c-e-n-t -t-o
-W-e-s-l-e-y-a-n -C-h-a-p-e-l -B-l-o-c-k-, -i-n-c-l-u-d-i-n-g
-C-l-i-n-t-o-n -S-t-r-e-e-t-, -F-a-l-l -S-t-r-e-e-t-, -a-n-d
-M-y-n-d-e-r-s-e -S-t-r-e-e-t-, -S-e-n-e-c-a -F-a-l-l-s-;
-a-n-d
-`-`-(-1-4-) -d-w-e-l-l-i-n-g-, -1-2 -E-a-s-t
-W-i-l-l-i-a-m-s -S-t-r-e-e-t-, -W-a-t-e-r-l-o-o-.-'-'-.
-S-E-C-. -2-. -M-I-S-C-E-L-L-A-N-E-O-U-S -A-M-E-N-D-M-E-N-T-S-.
-S-e-c-t-i-o-n -1-6-0-1 -o-f -P-u-b-l-i-c -L-a-w -9-6---6-0-7
-(-1-6 -U-.-S-.-C-. -4-1-0-l-l-) -i-s -a-m-e-n-d-e-d---
-(-1-) -i-n -s-u-b-s-e-c-t-i-o-n -(-g-)-, -b-y -a-d-d-i-n-g
-a-t -t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w
-s-e-n-t-e-n-c-e-: -`-`-F-u-n-d-s -a-v-a-i-l-a-b-l-e -t-o
-t-h-e -S-e-c-r-e-t-a-r-y -f-o-r -t-h-e -p-u-r-p-o-s-e-s -o-f
-t-h-e -p-a-r-k -s-h-a-l-l -b-e -a-v-a-i-l-a-b-l-e -t-o
-e-s-t-a-b-l-i-s-h -a-n-d -a-d-m-i-n-i-s-t-e-r -w-i-t-h-i-n
-t-h-e -p-a-r-k -e-d-u-c-a-t-i-o-n -a-n-d -r-e-s-e-a-r-c-h
-f-a-c-i-l-i-t-i-e-s -a-n-d -p-r-o-g-r-a-m-s -o-n -t-h-e
-h-i-s-t-o-r-y -o-f -w-o-m-e-n-'-s -r-i-g-h-t-s
-p-u-r-s-u-a-n-t -t-o -c-o-o-p-e-r-a-t-i-v-e
-a-g-r-e-e-m-e-n-t-s -w-i-t-h -a-p-p-r-o-p-r-i-a-t-e
-p-u-b-l-i-c -o-r -p-r-i-v-a-t-e -e-n-t-i-t-i-e-s-.-'-'-;
-(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-5-) -o-f
-s-u-b-s-e-c-t-i-o-n -(-h-)-, -b-y -s-t-r-i-k-i-n-g -`-`-t-e-n
-y-e-a-r-s-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-2-5
-y-e-a-r-s-'-'-; -a-n-d
-(-3-) -i-n -s-u-b-s-e-c-t-i-o-n -(-i-)---
-(-A-) -b-y -s-t-r-i-k-i-n-g
-`-`-$-7-0-0-,-0-0-0-'-' -a-n-d -i-n-s-e-r-t-i-n-g
-`-`-$-1-,-5-0-0-,-0-0-0-'-'-; -a-n-d
-(-B-) -b-y -s-t-r-i-k-i-n-g
-`-`-$-5-0-0-,-0-0-0-'-' -a-n-d -i-n-s-e-r-t-i-n-g
-a-n-d -`-`-$-1-5-,-0-0-0-,-0-0-0-'-'-.
SECTION 1. INCLUSION OF ADDITIONAL PROPERTIES.
Section 1601(c) of Public Law 96-607 (16 U.S.C. 41011) is amended
to read as follows: ``To carry out the purposes of this section there
is hereby established the Women's Rights National Historical Park
(hereinafter in this section referred to as the ``park''). The park
shall consist of the following designated sites in Seneca Falls and
Waterloo, New York:
``(1) Stanton House, 32 Washington Street, Seneca Falls;
``(2) dwelling, 30 Washington Street, Seneca Falls;
``(3) dwelling, 34 Washington Street, Seneca Falls;
``(4) lot, 26-28 Washington Street, Seneca Falls;
``(5) former Wesleyan Chapel, 126 Fall Street, Seneca
Falls;
``(6) theater, 128 Fall Street, Seneca Falls;
``(7) McClintock House, 16 East Williams Street, Waterloo;
``(8) Hunt House, 401 East Williams Street, Waterloo;
``(9) not to exceed 1 acre, plus improvements, as
determined by the Secretary, in Seneca Falls for development of
a maintenance facility;
``(10) dwelling, 1 Seneca Street, Seneca Falls;
``(11) dwelling, 10 Seneca Street, Seneca Falls;
``(12) parcels adjacent to Wesleyan Chapel Block, including
Clinton Street, Fall Street, and Mynderse Street, Seneca Falls;
and
``(13) dwelling, 12 East Williams Street, Waterloo.''.
SEC. 2. MISCELLANEOUS AMENDMENTS.
Section 1601 of Public Law 96-607 (16 U.S.C. 410ll) is amended by
redesignating subsection (i) as ``(i)(1)'' and inserting at the end
thereof the following new paragraph:
``(2) In addition to those sums appropriated prior to the date of
enactment of this paragraph for land acquisition and development, there
is hereby authorized to be appropriated an additional $2,000,000.''. | Provides for the addition of specified lands within (and deletion of the Bloomer House from) the Women's Rights National Historical Park in New York.
Authorizes additional appropriations for the Park for land acquisition and development. | billsum_train |
Provide a summary of the following text: SECTION 1. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE ACTIVITIES.
(a) General Congressional Oversight.--Section 501(a) of the
National Security Act of 1947 (50 U.S.C. 413(a)) is amended by adding
at the end the following new paragraph:
``(3) In carrying out paragraph (1), the President shall provide to
the congressional intelligence committees all information necessary to
assess the lawfulness, effectiveness, cost, benefit, intelligence gain,
budgetary authority, and risk of an intelligence activity.''.
(b) Reporting on Activities Other Than Covert Actions.--Section 502
of such Act (50 U.S.C. 413a) is amended by adding at the end the
following new subsection:
``(d) Distribution of Information.--
``(1) Request.--Information or material provided in
accordance with subsection (a) shall be made available to each
member of the congressional intelligence committees, unless the
President requests that access to the information or material
be limited after determining that limiting such access is
essential to meet extraordinary circumstances affecting vital
interests of the United States. A request under this paragraph
and the extraordinary circumstances referred to in this
paragraph shall be detailed in writing to the Chair and ranking
minority member of the congressional intelligence committees.
``(2) Distribution.--If the President submits a request
under paragraph (1), the Chair and ranking minority member of
each congressional intelligence committee may jointly determine
whether and how to limit access to the information or material
within such committee. If the Chair and ranking minority member
of such committee are unable to agree on whether or how to
limit such access, access to the information or material shall
be limited as requested by the President. Any information or
material to which access is limited shall subsequently be made
fully available to each member of the congressional
intelligence committees at the earliest possible time and shall
include a detailed statement of the reasons for not providing
prior access.''.
(c) Covert Actions.--Section 503 of the National Security Act of
1947 (50 U.S.C. 413b) is amended--
(1) in subsection (c)--
(A) by striking paragraph (2) and inserting the
following new paragraph:
``(2)(A) A finding reported in accordance with paragraph
(1) shall be made available to each member of the congressional
intelligence committees, unless the President requests that
access to the finding be limited after determining that
limiting such access is essential to meet extraordinary
circumstances affecting vital interests of the United States. A
request under this subparagraph and the extraordinary
circumstances referred to in this paragraph shall be detailed
in writing to the Chair and ranking minority member of the
congressional intelligence committees.
``(B) If the President submits a request under subparagraph
(A), the Chair and ranking minority member of each
congressional intelligence committee may jointly determine
whether and how to limit access to the finding within such
committee. If the Chair and ranking minority member of such
committee are unable to agree on whether or how to limit such
access, access to the finding shall be limited as requested by
the President. A finding to which access is limited shall
subsequently be made fully available to each member of the
congressional intelligence committees at the earliest possible
time and shall include a detailed statement of the reasons for
not providing prior access.''; and
(B) in paragraph (4), by striking the second
sentence; and
(2) in subsection (d)--
(A) by striking ``(d) The President'' and inserting
``(d)(1) The President'';
(B) in paragraph (1), as designated by subparagraph
(A) of this paragraph, by striking ``the Members of
Congress specified in subsection (c)(2)'' and inserting
``the Members of Congress to which access to a finding
is limited in accordance with subsection (c)(2)''; and
(C) by adding at the end the following new
paragraph:
``(2) For purposes of this subsection, an activity shall constitute
a `significant undertaking' if the activity--
``(A) involves the potential for loss of life;
``(B) requires an expansion of existing authorities,
including authorities relating to research, development, or
operations;
``(C) results in the expenditure of significant funds or
other resources;
``(D) requires notification under section 504;
``(E) gives rise to a significant risk of disclosing
intelligence sources or methods; or
``(F) could cause serious damage to the diplomatic
relations of the United States if such activity were disclosed
without authorization.''. | Amends the National Security Act of 1947 to direct the President to provide to the congressional intelligence committees all information necessary to assess the lawfulness, effectiveness, cost, benefit, intelligence gain, budgetary authority, and risk of an intelligence activity.
Requires information or material concerning covert actions and actions other than covert actions to be made available to each member of such committees, unless the President requests in writing that access be limited to meet extraordinary circumstances affecting vital U.S. interests. Allows the chair and ranking member of each committee to jointly determine whether and how to limit such access. Requires information or material so limited to be made fully available to each committee member at the earliest possible time, and to include the reasons for not providing prior access. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``10,000 Trained by 2010 Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the National Science Foundation has long been a
government leader in strengthening our Nation's information
infrastructure;
(2) as automation and digitization reach the healthcare
industry, that industry will need to draw heavily on the
expertise of researchers funded by the National Science
Foundation for the collection, processing, and utilization of
information;
(3) the National Science Foundation's basic research,
demonstrations, and curriculum development assistance are all
required to help make sure the industry has the knowledge,
procedures, and workforce necessary to take full advantage of
advanced communications and information technology;
(4) the Bureau of Labor Statistics estimated that 136,000
Americans were employed in 2000 as information management
professionals in the healthcare industry alone, with projected
growth of 49 percent by 2010; and
(5) no systematic plan exists for designing and
implementing systems and information tools and for ensuring
that the healthcare workforce can make the transition to the
information age.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Information.--The term ``information'' means healthcare
information.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH.
(a) Grants.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall award
grants for basic research on innovative approaches to improve
information systems. Research areas may include--
(A) information studies;
(B) population informatics;
(C) translational informatics; and
(D) data security, integrity, and confidentiality.
(2) Merit review; competition.--Grants shall be awarded
under this section on a merit-reviewed, competitive basis.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $3,500,000 for fiscal year 2010;
(B) $3,600,000 for fiscal year 2011;
(C) $3,700,000 for fiscal year 2012; and
(D) $3,800,000 for fiscal year 2013.
(b) Informatics Research Centers.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall award
multiyear grants, subject to the availability of
appropriations, to institutions of higher education (or
consortia thereof) to establish multidisciplinary Centers for
Informatics Research. Institutions of higher education (or
consortia thereof) receiving such grants may partner with one
or more government laboratories, for-profit institutions, or
non-profit institutions.
(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
(3) Purpose.--The purpose of the Centers shall be to
generate innovative approaches in information by conducting
cutting-edge, multidisciplinary research, including in the
research areas described in subsection (a)(1).
(4) Applications.--An institution of higher education (or a
consortium thereof) seeking funding under this subsection shall
submit an application to the Director at such time, in such
manner, and containing such information as the Director may
require. The application shall include, at a minimum, a
description of--
(A) the research projects that will be undertaken
by the Center and the contributions of each of the
participating entities;
(B) how the Center will promote active
collaboration among professionals from different
disciplines, such as information technology
specialists, health professionals, administrators, and
social science researchers; and
(C) how the Center will contribute to increasing
the number of information researchers and other
professionals.
(5) Criteria.--In evaluating the applications submitted
under paragraph (4), the Director shall consider, at a
minimum--
(A) the ability of the applicant to generate
innovative approaches to information and effectively
carry out the research program;
(B) the experience of the applicant in conducting
research in the information field, and the capacity of
the applicant to foster new multidisciplinary
collaborations;
(C) the capacity of the applicant to attract and
provide adequate support for undergraduate and graduate
students to pursue information research; and
(D) the extent to which the applicant will partner
with government laboratories or for-profit or non-
profit entities, and the role the government
laboratories or for-profit or non-profit entities will
play in the research undertaken by the Center.
(6) Annual meeting.--The Director shall convene an annual
meeting of the Centers in order to foster collaboration and
communication between Center participants.
(7) Authorization of appropriations.--There are authorized
to be appropriated for the National Science Foundation to carry
out this subsection--
(A) $4,500,000 for fiscal year 2010;
(B) $4,600,000 for fiscal year 2011;
(C) $4,700,000 for fiscal year 2012; and
(D) $4,800,000 for fiscal year 2013.
SEC. 5. NATIONAL SCIENCE FOUNDATION INFORMATION PROGRAMS.
(a) Capacity Building Grants.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall establish
a program to award grants to institutions of higher education
(or consortia thereof) to establish or improve undergraduate
and master's degree information programs, to increase the
number of students who pursue undergraduate or master's degrees
in information fields, to provide students with experience in
government or industry related to their information studies,
and, to the extent practicable, to do so using distance
learning.
(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
(3) Use of funds.--Grants awarded under this subsection
shall be used for activities that enhance the ability of an
institution of higher education (or consortium thereof) to
provide high-quality information education, including
certification and undergraduate and master's degree programs,
and to recruit and retain increased numbers of students to such
programs. Activities may include--
(A) developing and revising curriculum to better
prepare undergraduate and master's degree students for
careers in the information field;
(B) establishing degree and certificate programs in
the information field;
(C) creating opportunities in information research
for undergraduate students;
(D) acquiring equipment necessary for student
instruction in these programs, including the
installation of testbed networks for student use;
(E) providing opportunities for faculty to work
with State, local, or Federal Government agencies,
private industry, and other academic institutions to
develop new expertise or to formulate new information
research directions;
(F) establishing collaborations with other academic
institutions or departments that seek to establish,
expand, or enhance these programs;
(G) establishing student internships for students
in these programs at State, local, and Federal
Government agencies or in private industry;
(H) establishing or enhancing bridge programs in
information fields between community colleges and
universities; and
(I) any other activities the Director, in
consultation with the heads of other Federal agencies
as appropriate, determines will achieve the purposes
described in paragraph (1).
(4) Selection process.--
(A) Application.--An institution of higher
education (or a consortium thereof) seeking funding
under this subsection shall submit an application to
the Director at such time, in such manner, and with
such contents as the Director may require. The
application shall include, at a minimum--
(i) a description of the applicant's
relevant research and instructional capacity,
and in the case of an application from a
consortium of institutions of higher education,
a description of the role that each member will
play in implementing the proposal;
(ii) a comprehensive plan by which the
institution or consortium will build
instructional capacity in information fields;
(iii) a description of relevant
collaborations with State, local, or Federal
Government agencies or private industry that
inform the instructional program;
(iv) a survey of the applicant's historic
student enrollment and placement data and a
study of potential enrollment and placement for
students enrolled in the proposed program; and
(v) a plan to evaluate the success of the
proposed program, including postgraduate
assessment of graduate school and job placement
and retention rates as well as the relevance of
the instructional program to graduate study and
to the workplace.
(B) Awards.--The Director shall ensure, to the
extent practicable, that grants are awarded under this
subsection in a wide range of geographic areas and
categories of institutions of higher education.
(5) Assessment required.--The Director, in consultation
with the heads of other Federal agencies as appropriate, shall
evaluate the program established under this subsection no later
than 3 years after the establishment of the program. At a
minimum, the Director shall evaluate the extent to which the
grants have achieved their objectives of increasing the quality
and quantity of students pursuing undergraduate or master's
degrees in information fields. The Director shall make this
assessment publicly available.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $9,000,000 for fiscal year 2010;
(B) $9,200,000 for fiscal year 2011;
(C) $9,400,000 for fiscal year 2012; and
(D) $9,600,000 for fiscal year 2013.
(b) Scientific and Advanced Technology Act of 1992.--
(1) Grants.--The Director shall provide grants under the
Scientific and Advanced Technology Act of 1992 for the purposes
of section 3(a) and (b) of that Act, except that the activities
supported pursuant to this subsection shall be limited to
improving education in fields related to information.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $7,000,000 for fiscal year 2010;
(B) $7,200,000 for fiscal year 2011;
(C) $7,400,000 for fiscal year 2012; and
(D) $7,600,000 for fiscal year 2013. | 10,000 Trained by 2010 Act - Requires the National Science Foundation (NSF) to award competitive grants for basic research on innovative approaches to improve health care information systems, as well as for scientific and engineering activities to improve education in the health care information fields.
Requires the award of NSF grants also to institutions of higher education to: (1) establish multidisciplinary Centers for Informatics Research for conducting cutting-edge, multidisciplinary research to generate innovative approaches in health care information; and (2) establish or improve undergraduate and master's degree health care information programs, attract students to such programs, and provide them with experience in government or industry related to their studies. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Gang Violence Act''.
SEC. 2. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A GANG
MEMBER.
(a) Definition.--In this section, the term ``criminal street gang''
has the same meaning as in section 521(a) of title 18, United States
Code, as amended by section 3 of this Act.
(b) Amendment of Sentencing Guidelines.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend the Federal sentencing guidelines to
provide an appropriate enhancement, increasing the offense level by not
less than 6 levels, for any offense, if the offense was both committed
in connection with, or in furtherance of, the activities of a criminal
street gang and the defendant was a member of the criminal street gang
at the time of the offense.
(c) Construction With Other Guidelines.--The amendment made
pursuant to subsection (b) shall provide that the increase in the
offense level shall be in addition to any other adjustment under
chapter 3 of the Federal sentencing guidelines.
SEC. 3. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET GANGS.
(a) In General.--Section 521 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``(a) Definitions.--'' and
inserting the following:
``(a) Definitions.--In this section:'', and
(B) by striking ```conviction'' and all that
follows through the end of the subsection and inserting
the following:
``(1) Criminal street gang.--The term `criminal street
gang' means an ongoing group, club, organization, or
association of 3 or more persons, whether formal or informal--
``(A) a primary activity of which is the commission
of 1 or more predicate gang crimes;
``(B) any members of which engage, or have engaged
during the 5-year period preceding the date in
question, in a pattern of criminal gang activity; and
``(C) the activities of which affect interstate or
foreign commerce.
``(2) Pattern of criminal gang activity.--The term `pattern
of criminal gang activity' means the commission of 2 or more
predicate gang crimes committed in connection with, or in
furtherance of, the activities of a criminal street gang--
``(A) at least 1 of which was committed after the
date of enactment of the Federal Gang Violence Act;
``(B) the first of which was committed not more
than 5 years before the commission of another predicate
gang crime; and
``(C) that were committed on separate occasions.
``(3) Predicate gang crime.--The term `predicate gang
crime' means an offense, including an act of juvenile
delinquency that, if committed by an adult, would be an offense
that is--
``(A) a Federal offense--
``(i) that is a crime of violence (as that
term is defined in section 16) including
carjacking, drive-by-shooting, shooting at an
unoccupied dwelling or motor vehicle, assault
with a deadly weapon, and homicide;
``(ii) that involves a controlled substance
(as that term is defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) for
which the penalty is imprisonment for not less
than 5 years;
``(iii) that is a violation of section 844,
section 875 or 876 (relating to extortion and
threats), section 1084 (relating to gambling),
section 1955 (relating to gambling), chapter 44
(relating to firearms), or chapter 73 (relating
to obstruction of justice);
``(iv) that is a violation of section 1956
(relating to money laundering), insofar as the
violation of such section is related to a
Federal or State offense involving a controlled
substance (as that term is defined in section
102 of the Controlled Substances Act (21 U.S.C.
802)); or
``(v) that is a violation of section
274(a)(1)(A), 277, or 278 of the Immigration
and Nationality Act (8 U.S.C. 1324(a)(1)(A),
1327, or 1328) (relating to alien smuggling);
``(B) a State offense involving conduct that would
constitute an offense under subparagraph (A) if Federal
jurisdiction existed or had been exercised; or
``(C) a conspiracy, attempt, or solicitation to
commit an offense described in subparagraph (A) or (B).
``(3) State.--The term `State' includes a State of the
United States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, and any other territory of possession of the
United States.''; and
(2) by striking subsections (b), (c), and (d) and inserting
the following:
``(b) Criminal Penalties.--Any person who engages in a pattern of
criminal gang activity--
``(1) shall be sentenced to--
``(A) a term of imprisonment of not less than 10
years and not more than life, fined in accordance with
this title, or both; and
``(B) the forfeiture prescribed in section 413 of
the Controlled Substances Act (21 U.S.C. 853); and
``(2) if any person engages in such activity after 1 or
more prior convictions under this section have become final,
shall be sentenced to--
``(A) a term of imprisonment of not less than 20
years and not more than life, fined in accordance with
this title, or both; and
``(B) the forfeiture prescribed in section 412 of
the Controlled Substances Act (21 U.S.C. 853).''.
(b) Conforming Amendment.--Section 3663(c)(4) of title 18, United
States Code, is amended by inserting before ``chapter 46'' the
following: ``section 521 of this title,''.
SEC. 4. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF
CRIMINAL STREET GANGS.
(a) Travel Act Amendments.--
(1) Prohibited conduct and penalties.--Section 1952(a) of
title 18, United States Code, is amended to read as follows:
``(a) Prohibited Conduct and Penalties.--
``(1) In general.--Any person who--
``(A) travels in interstate or foreign commerce or
uses the mail or any facility in interstate or foreign
commerce, with intent to--
``(i) distribute the proceeds of any
unlawful activity; or
``(ii) otherwise promote, manage,
establish, carry on, or facilitate the
promotion, management, establishment, or
carrying on, of any unlawful activity; and
``(B) after travel or use of the mail or any
facility in interstate or foreign commerce described in
subparagraph (A), performs, attempts to perform, or
conspires to perform an act described in clause (i) or
(ii) of subparagraph (A),
shall be fined under this title, imprisoned not more than 10
years, or both.
``(2) Crimes of violence.--Any person who--
``(A) travels in interstate or foreign commerce or
uses the mail or any facility in interstate or foreign
commerce, with intent to commit any crime of violence
to further any unlawful activity; and
``(B) after travel or use of the mail or any
facility in interstate or foreign commerce described in
subparagraph (A), commits, attempts to commit, or
conspires to commit any crime of violence to further
any unlawful activity,
shall be fined under this title, imprisoned for not more than
20 years, or both, and if death results shall be sentenced to
death or be imprisoned for any term of years or for life.''.
(2) Definitions.--Section 1952(b) of title 18, United
States Code, is amended to read as follows:
``(b) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled
substance' has the same meaning as in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)).
``(2) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(3) Unlawful activity.--The term `unlawful activity'
means--
``(A) predicate gang crime (as that term is defined
in section 521);
``(B) any business enterprise involving gambling,
liquor on which the Federal excise tax has not been
paid, narcotics or controlled substances, or
prostitution offenses in violation of the laws of the
State in which the offense is committed or of the
United States;
``(C) extortion, bribery, arson, robbery, burglary,
assault with a deadly weapon, retaliation against or
intimidation of witnesses, victims, jurors, or
informants, assault resulting in bodily injury,
possession of or trafficking in stolen property,
illegally trafficking in firearms, kidnapping, alien
smuggling, or shooting at an occupied dwelling or motor
vehicle, in each case, in violation of the laws of the
State in which the offense is committed or of the
United States; or
``(D) any act that is indictable under section 1956
or 1957 of this title or under subchapter II of chapter
53 of title 31.''.
(b) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend chapter 2 of the Federal
sentencing guidelines so that--
(A) the base offense level for traveling in
interstate or foreign commerce in aid of a criminal
street gang or other unlawful activity is increased to
12; and
(B) the base offense level for the commission of a
crime of violence in aid of a criminal street gang or
other unlawful activity is increased to 24.
(2) Definitions.--In this subsection--
(A) the term ``crime of violence'' has the same
meaning as in section 16 of title 18, United States
Code;
(B) the term ``criminal street gang'' has the same
meaning as in 521(a) of title 18, United States Code,
as amended by section 3 of this Act; and
(C) the term ``unlawful activity'' has the same
meaning as in section 1952(b) of title 18, United
States Code, as amended by this section.
SEC. 5. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL GANG
ACTIVITY.
(a) Prohibited Acts.--Chapter 26 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 522. Recruitment of persons to participate in criminal street
gang activity
``(a) Prohibited Act.--It shall be unlawful for any person to--
``(1) use any facility in, or travel in, interstate or
foreign commerce, or cause another to do so, to recruit,
solicit, request, induce, counsel, command, or cause another
person to be a member of a criminal street gang, or conspire to
do so; or
``(2) recruit, solicit, request, induce, counsel, command,
or cause another person to engage in a predicate gang crime for
which such person may be prosecuted in a court of the United
States, or conspire to do so.
``(b) Penalties.--A person who violates subsection (a) shall--
``(1) if the person recruited--
``(A) is a minor, be imprisoned for a term of not
less than 4 years and not more than 10 years, fined in
accordance with this title, or both; or
``(B) is not a minor, be imprisoned for a term of
not less than 1 year and not more than 10 years, fined
in accordance with this title, or both; and
``(2) be liable for any costs incurred by the Federal
Government or by any State or local government for housing,
maintaining, and treating the minor until the minor reaches the
age of 18.
``(c) Definitions.--In this section--
``(1) the terms `criminal street gang' and `predicate gang
crime' have the same meanings as in section 521; and
``(2) the term `minor' means a person who is younger than
18 years of age.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States Sentencing
Commission shall amend chapter 2 of the Federal sentencing guidelines
to provide an appropriate enhancement for any offense involving the
recruitment of a minor to participate in a gang activity.
(c) Technical Amendment.--The chapter analysis for chapter 26 of
title 18, United States Code, is amended by adding at the end the
following:
``522. Recruitment of persons to participate in criminal street gang
activity.''.
SEC. 6. CRIMES INVOLVING THE RECRUITMENT OF PERSONS TO PARTICIPATE IN
CRIMINAL STREET GANGS AND FIREARMS OFFENSES AS RICO
PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or'' before ``(F)''; and
(2) by inserting before the semicolon at the end the
following: ``, (G) an offense under section 522 of this title,
or (H) an act or conspiracy to commit any violation of chapter
44 of this title (relating to firearms)''.
SEC. 7. PROHIBITIONS RELATING TO FIREARMS.
(a) Penalties.--Section 924(a)(6) of title 18, United States Code,
is amended--
(1) by striking subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (A);
(3) in subparagraph (A), as redesignated--
(A) by striking ``(B) A person other than a
juvenile who knowingly'' and inserting ``(A) A person
who knowingly'';
(B) in clause (i), by striking ``not more than 1
year'' and inserting ``not less than 1 year and not
more than 5 years''; and
(C) in clause (ii), by inserting ``not less than 1
year and'' after ``imprisoned''; and
(4) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), no mandatory
minimum sentence shall apply to a juvenile who is less than 13
years of age.''.
(b) Serious Juvenile Drug Offenses as Armed Career Criminal
Predicates.--Section 924(e)(2)(A) of title 18, United States Code, is
amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by adding ``or'' at the end; and
(3) by adding at the end the following:
``(iii) any act of juvenile delinquency that if
committed by an adult would be an offense described in
clause (i) or (ii);''.
(c) Transfer of Firearms to Minors for Use in Crime.--Section
924(h) of title 18, United States Code, is amended by striking ``10
years, fined in accordance with this title, or both'' and inserting
``10 years, and if the transferee is a person who is under 18 years of
age, imprisoned for a term of not less than 3 years, fined in
accordance with this title, or both''.
SEC. 8. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR.
(a) Definitions.--In this section--
(1) the term ``body armor'' means any product sold or
offered for sale as personal protective body covering intended
to protect against gunfire, regardless of whether the product
is to be worn alone or is sold as a complement to another
product or garment; and
(2) the term ``law enforcement officer'' means any officer,
agent, or employee of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(b) Sentencing Enhancement.--The United States Sentencing
Commission shall amend the Federal sentencing guidelines to provide an
appropriate sentencing enhancement, increasing the offense level not
less than 2 levels, for any crime in which the defendant used body
armor.
(c) Applicability.--No Federal sentencing guideline amendment made
pursuant to this section shall apply if the Federal crime in which the
body armor is used constitutes a violation of, attempted violation of,
or conspiracy to violate the civil rights of a person by a law
enforcement officer acting under color of the authority of such law
enforcement officer.
SEC. 9. ADDITIONAL PROSECUTORS.
There are authorized to be appropriated $20,000,000 for each of the
fiscal years 1998, 1999, 2000, 2001, and 2002 for the hiring of
Assistant United States Attorneys and attorneys in the Criminal
Division of the Department of Justice to prosecute juvenile criminal
street gangs (as that term is defined in section 521(a) of title 18,
United States Code, as amended by section 3 of this Act). | Federal Gang Violence Act - Directs the United States Sentencing Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense.
(Sec. 3) Amends Federal criminal code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this Act's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime.
Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity.
(Sec. 4) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act.
(Sec. 5) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity.
(Sec. 6) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act.
Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime.
(Sec. 8) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor.
(Sec. 9) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in the Department of Justice's criminal division to prosecute juvenile criminal street gangs. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Veterans Land
Allotment Equity Act''.
SEC. 2. AMENDMENT TO ALLOW CERTAIN ALASKA NATIVE VETERAN LAND
ALLOTMENTS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended as follows:
(1) Paragraphs (1) and (2) of subsection (a) are amended to
read as follows: ``(1) The period for filing allotments under
this Act shall end 3 years after the Secretary issues final
regulations under section 3 of the Alaska Native Veterans Land
Allotment Equity Act. A person described in paragraph (1) or
(2) of subsection (b) shall be eligible for an allotment of not
more than two parcels of Federal land totaling 160 acres or
less.
``(2)(A) Allotments may be selected from the following:
``(i) Vacant lands that are owned by the United States.
``(ii) Lands that have been selected or conveyed to the
State of Alaska if the State voluntarily relinquishes or
conveys to the United States the land for the allotment.
``(iii) Lands that have been selected or conveyed to a
Native Corporation if the Native Corporation voluntarily
relinquishes or conveys to the United States the land for the
allotment.
``(B) A Native Corporation may select an equal amount of acres of
appropriate Federal land within the State of Alaska to replace lands
voluntarily relinquished or conveyed by that Native Corporation under
subparagraph (A)(iii).
``(C) For security reasons, allotments may not be selected from--
``(i) lands within the right-of-way granted for the
TransAlaska Pipeline; or
``(ii) the inner or outer corridor of that right-of-way
withdrawal.''.
(2) Subsection (a)(3) is repealed.
(3) In subsection (b)(1), strike ``A person'' and insert
``Except as provided in paragraph (3), a person''.
(4) Subsection (b)(1)(B) is amended to read as follows:
``(B) is a veteran who served during the period between
August 5, 1964, and May 7, 1975, including such dates.''.
(5) Subsection (b)(2) is amended to read as follows:
``(2) If an individual who would otherwise have been eligible for
an allotment dies before applying for the allotment, an heir on behalf
of the estate of the deceased veteran may apply for and receive the
allotment.''.
(6) In subsection (b)(3), insert before the period the
following: ``, except for an heir who applies and receives an
allotment on behalf of the estate of a deceased veteran
pursuant to paragraph (2)''.
(7) Subsection (e) is amended to read as follows:
``(e) Regulations.--All regulations in effect immediately before
the enactment of subsection (f) that were promulgated under the
authority of this section shall be repealed in accordance with section
552(a)(1)(E) of the Administrative Procedure Act (5 U.S.C.
552(a)(1)(E))''.
(8) Add at the end the following new subsections:
``(f) Approval of Allotments.--(1) Subject to valid existing
rights, and except as otherwise provided in this subsection, not later
than 2 years after the date of the enactment of the Alaska Native
Veterans Land Allotment Equity Act, the Secretary shall approve an
application for allotments filed in accordance with subsection (a) and
issue a certificate of allotment which shall be subject to the same
terms, conditions, restrictions, and protections provided for such
allotments.
``(2) Upon receipt of an allotment application, but in any event
not later than 6 months after receiving such application, the Secretary
shall notify any person or entity having an interest in land
potentially adverse to the applicant of their right to initiate a
private contest or file a protest under existing Federal regulations.
``(3) Not later than 2 years after the date of the enactment of the
Alaska Native Veterans Land Allotment Equity Act, the Secretary shall--
``(A) if no contest or protest is timely filed, approve the
application pursuant to paragraph (1); or
``(B) if a contest or protest is timely filed, stay the
issuance of the certificate of allotment until the contest or
protest has been decided.
``(g) Reselection.--A person who made an allotment selection under
this section before the date of the enactment of Alaska Native Veterans
Land Allotment Equity Act may withdraw that selection and reselect
lands under this section if the lands originally selected were not
conveyed to that person before the date of the enactment of Alaska
Native Veterans Land Allotment Equity Act.''.
SEC. 3. REGULATIONS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of the Interior shall issue final regulations to
implement the amendments made by this Act. | Alaska Native Veterans Land Allotment Equity Act - Amends provisions of the Alaska Native Claims Settlement Act (ANCSA) that allow certain Alaska Native Vietnam veterans to file for allotments of up to two parcels of federal land totaling up to 160 acres.
Eliminates the requirement that limits the 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 prohibition against conveying allotments to: (1) lands in the right-of-way granted for the TransAlaska Pipeline, or (2) the inner or outer corridor of that right-of-way withdrawal.
Limits the eligibility for allotments to veterans who served between August 5, 1964, and May 7, 1975. Allows an heir to apply for and receive the allotment.
Allows a Native Corporation to select an equal amount of acres of appropriate federal land in Alaska to replace lands voluntarily relinquished or conveyed to the United States for 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 |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending American Taxpayers From
Abusive Government Takings Act of 2012''.
SEC. 2. PROHIBITION RELATING TO USE OF POWER OF EMINENT DOMAIN.
(a) Fannie Mae.--Subsection (b) of section 302 of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is
amended by adding at the end the following new paragraph:
``(7)(A) Notwithstanding any other provision of law, the
corporation may not purchase any mortgage that is secured by a
structure or dwelling unit that is located within a county that
contains any structure or dwelling unit that secures or secured a
residential mortgage loan that the State (or the District of Columbia,
the Commonwealth or Puerto Rico, or any territory or possession of the
United States), including any agency or political subdivision thereof,
obtained during the preceding 120 months by exercise of the power of
eminent domain.
``(B) For purposes of this paragraph, the term `residential
mortgage loan' means a mortgage loan that is evidenced by a promissory
note and secured by a mortgage, deed of trust, or other security
instrument on a residential structure or a dwelling unit in a
residential structure. Such term includes a first mortgage loan or any
subordinate mortgage loan.''.
(b) Freddie Mac.--Subsection (a) of section 305 of the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding
at the end the following new paragraph:
``(6)(A) Notwithstanding any other provision of law, the
Corporation may not purchase any mortgage that is secured by a
structure or dwelling unit that is located within a county that
contains any structure or dwelling unit that secures or secured a
residential mortgage loan that the State (or the District of Columbia,
the Commonwealth of Puerto Rico, or any territory or possession of the
United States), including any agency or political subdivision thereof,
obtained during the preceding 120 months by exercise of the power of
eminent domain.
``(B) For purposes of this paragraph, the term `residential
mortgage loan' means a mortgage loan that is evidenced by a promissory
note and secured by a mortgage, deed of trust, or other security
instrument on a residential structure or a dwelling unit in a
residential structure. Such term includes a first mortgage or any
subordinate mortgage.''.
(c) FHA.--Title V of the National Housing Act (12 U.S.C. 1731a et
seq.) is amended by adding at the end the following new section:
``SEC. 543. PROHIBITION RELATING TO USE OF POWER OF EMINENT DOMAIN.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may not newly insure under this Act any mortgage that is
secured by a structure or dwelling unit that is located within a county
that contains any structure or dwelling unit that secures or secured to
a residential mortgage loan that the State (or the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
possession of the United States), including any agency or political
subdivision thereof, obtained during the preceding 120 months by
exercise of the power of eminent domain.
``(b) Definition.--For purposes of this paragraph, the term
`residential mortgage loan' means a mortgage loan that is evidenced by
a promissory note and secured by a mortgage, deed of trust, or other
security instrument on a residential structure or a dwelling unit in a
residential structure. Such term includes a first mortgage or any
subordinate mortgage.''.
(d) VA.--
(1) In general.--Chapter 37 of title 38, United States
Code, is amended by adding after section 3736 the following new
section:
``SEC. 3737. PROHIBITION RELATING TO USE OF POWER OF EMINENT DOMAIN.
``(a) Prohibition.--The Secretary may not guarantee, make, or
insure a loan under this chapter if such loan is for a residence that
is located within a county (or trust land with respect to a loan under
subchapter V) that contains any residence that secures or secured a
residential mortgage loan that the State, including any agency or
political subdivision thereof, obtained during the preceding 120 months
by exercise of the power of eminent domain.
``(b) Definitions.--In this section:
``(1) The term `residential mortgage loan' means a mortgage
loan that is evidenced by a promissory note and secured by a
mortgage, deed of trust, or other security instrument on a
residential structure or a dwelling unit in a residential
structure. Such term includes a first mortgage or any
subordinate mortgage.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, any
other territory or possession of the United States, and each
federally recognized Indian tribe.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 3736 the following new item:
``3737. Prohibition relating to use of power of eminent domain.''. | Defending American Taxpayers From Abusive Government Takings Act of 2012 - Amends the Federal National Mortgage Association Charter Act to prohibit the Federal National Mortgage Association (Fannie Mae) from purchasing any mortgage secured by a structure or dwelling unit located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan that the state or any territory, including any agency or political subdivision, obtained during the preceding 120 months by eminent domain.
Amends the Federal Home Loan Mortgage Corporation Act to prohibit the Federal Home Loan Mortgage Corporation (Freddie Mac) from doing the same.
Amends the National Housing Act to prohibit the Secretary of Housing and Urban Development (HUD) from newly insuring any mortgage secured by a structure or dwelling unit located in such a county.
Prohibits the Secretary from guaranteeing, making, or insuring a housing or small business loan for a residence located in such a county. | billsum_train |
Provide a condensed version of the following text: on the Budget for
Fiscal Year 2004.--Notwithstanding any other provision of law, all
adjustments made pursuant to section 110(a)(2) of title 23, United
States Code, to sums authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) to carry out each of
the Federal-aid highway and highway safety construction programs (other
than emergency relief) in fiscal year 2004 shall be deemed to be zero.
(e) Sense of Congress on Adjustment to Align Highway Spending With
Revenues.--It is the sense of Congress that, in any multiyear
reauthorization of the Federal-aid highway program, the alignment of
highway spending with revenues under section 251(b)(1)(B)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 should be
restructured to minimize year-to-year fluctuations in highway spending
levels and to ensure the uniform enforcement of such levels.
SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--Section 8103(a) of the Transportation Equity
Act for the 21st Century (2 U.S.C. 901 note; 112 Stat. 492) is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) for fiscal year 2004, $34,498,000,000.''.
(b) Mass Transit Category.--Section 8103(b) of such Act (2 U.S.C.
901 note; 112 Stat. 492) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) for fiscal year 2004, $7,303,000,000.''.
(c) Treatment of Funds.--Notwithstanding any other provision of
law, funds made available under this Act, including the amendments made
by this Act, shall be deemed to be zero for the purposes of section 110
of the title 23, United States Code.
SEC. 12. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
OBLIGATIONS UNDER TEA 21.
(a) Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended--
(A) in the matter before subparagraph (A), by
striking ``October 1, 2003'' and inserting ``July 1,
2004'', and
(B) in the matter after subparagraph (E), by
striking ``TEA 21 Restoration Act'' and inserting
``Surface Transportation Extension Act of 2003''.
(2) Mass transit account.--Paragraph (3) of section 9503(e)
of such Code is amended--
(A) in the matter before subparagraph (A), by
striking ``October 1, 2003'' and inserting ``July 1,
2004'', and
(B) in the matter after subparagraph (C), by
striking ``TEA 21 Restoration Act'' and inserting
``Surface Transportation Extension Act of 2003''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(5) of such Code is amended by striking
``October 1, 2003'' and inserting ``July 1, 2004''.
(b) Aquatic Resources Trust Fund.--
(1) Sport fish restoration account.--Subparagraphs (B) and
(C) of section 9504(b)(2) of the Internal Revenue Code of 1986
are each amended by striking ``TEA 21 Restoration Act'' and
inserting ``Surface Transportation Extension Act of 2003''.
(2) Boat safety account.--Subsection (c) of section 9504 of
such Code is amended--
(A) by striking ``October 1, 2003'' and inserting
``July 1, 2004'', and
(B) by striking ``TEA 21 Restoration Act'' and
inserting ``Surface Transportation Extension Act of
2003''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by striking ``October
1, 2003'' and inserting ``July 1, 2004''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(d) Temporary Rule Regarding Adjustments.--During the period
beginning on the date of the enactment of this Act and ending on March
31, 2004, for purposes of making any estimate under section 9503(d) of
the Internal Revenue Code of 1986 of receipts of the Highway Trust
Fund, the Secretary of the Treasury shall treat--
(1) each expiring provision of section 9503(b) of such Code
which is related to appropriations or transfers to such Fund to
have been extended through the end of the 24-month period
referred to in section 9503(d)(1)(B) of such Code, and
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of
such tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of this Act. | Surface Transportation Extension Act of 2003 - Extends Federal highway, highway safety, motor carrier safety, and transit programs for six months, and authorizes appropriations, through March 31, 2004.
Directs the Secretary of Transportation to: (1) apportion funds made available for Federal-aid highway programs under the Transportation Equity Act for the 21st Century (TEA-21) to each State according to the ratio of the State's FY 2003 obligation authority to the FY 2003 obligation authority for all States; and (2) ensure that each State is apportioned funds for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee.
Sets forth provisions: (1) for reducing future apportionments, and for recovering funds not apportioned, under a law reauthorizing the Federal-aid highway program that is enacted after enactment of this Act; (2) prohibiting States from obligating any Federal-aid highway program funds after March 31, 2004, until the earlier of the date of enactment of a multi-year law reauthorizing such program or June 30 2004; and (3) directing the Secretary of Transportation, on the earlier of such enactment date or June 1, 2004, to distribute to each State any remaining amounts of obligation authority for Federal-aid highways and highway safety construction programs by allocation as provided in an Act making appropriations for the Department of Transportation for FY 2004
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 and TEA-21, respectively, to set related discretionary spending limits and obligation limitations for FY 2004. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Childhood Nutrition
Improvement Act''.
SEC. 2. ELIGIBILITY CERTIFICATION CRITERIA FOR PROPRIETARY CHILD CARE
CENTERS.
Section 17(a)(6) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(a)(6)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) in the case of an institution described in
paragraph (2)(B), the eligibility determination shall
be in effect for 6 months after the date such
institution is approved by the State under section
17(d).''.
SEC. 3. REVIEW OF SERIOUS DEFICIENCY PROCESS.
Section 17(d)(5) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(d)(5)) is amended by adding at the end the
following:
``(F) Serious deficiency process.--
``(i) In general.--Not later than 1 year
after the date of enactment of this
subparagraph, the Secretary shall review and
issue guidance and, as appropriate, regulations
regarding the serious deficiency process for
the program under this section.
``(ii) Review.--In carrying out clause (i),
the Secretary shall review, at a minimum, the
processes for, and those involved in--
``(I) determining when there is a
serious deficiency, including--
``(aa) what measures
automatically result in a
finding of serious deficiency;
and
``(bb) how differentiation
is being made between--
``(AA) a reasonable
margin of human error
and systematic or
intentional
noncompliance; and
``(BB) State-
specific requirements
and Federal
regulations;
``(II) appealing and mediating a
finding of serious deficiency,
including--
``(aa) findings related to
State-specific requirements;
and
``(bb) processes for
ensuring officials involved in
appeals and mediation are fair
and impartial;
``(III) determining the
circumstances under which a corrective
action plan is acceptable; and
``(IV) termination and
disqualification, including maintenance
of the list under subparagraph (E).
``(iii) Guidance and regulations.--
``(I) In general.--After conducting
the review under clause (ii), the
Secretary shall make findings from the
information collected and issue
guidance and, as appropriate,
regulations from such findings that
will assist sponsoring organizations,
State agencies, and the Food and
Nutrition Service in ensuring a fair,
uniform, and effective administration
of the serious deficiency process,
while retaining program integrity.
``(II) Scope.--Such guidance or, as
appropriate, regulations shall
include--
``(aa) clarity on the
different measures for
noncompliance;
``(bb) appeals process for
a finding of serious deficiency
or a determination that a
corrective action plan is
inadequate; and
``(cc) adequate timeframes
under a corrective action plan
for compliance that are
consistent for all types of
institutions, including family
or group day care homes.''.
SEC. 4. AUTHORIZATION OF REIMBURSEMENTS FOR ADDITIONAL MEAL OR SNACK.
Section 17(f)(2) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(2)) is amended--
(1) by striking ``(2)(A) Subject to subparagraph (B) of
this paragraph'' and inserting the following:
``(2) Disbursements.--
``(A) In general.--Subject to subparagraph (B)'';
and
(2) by amending subparagraph (B) to read as follows:
``(B) Limitation.--No reimbursement may be made to
any institution under this paragraph, or to family or
group day care home sponsoring organizations under
paragraph (3), for more than--
``(i) 2 meals and 1 supplement or 1 meal
and 2 supplements per day per child; or
``(ii) 3 meals and 1 supplement or 2 meals
and 2 supplements per day per child, for each
child that is maintained in a child care
setting for more than 8 hours per day.''.
SEC. 5. ADJUSTMENTS.
Section 17(f)(3)(A) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(3)(A)) is amended by striking ``Consumer Price
Index for food at home'' each place it appears and inserting ``Consumer
Price Index for food away from home''.
SEC. 6. ADVISORY COMMITTEE ON PAPERWORK REDUCTION.
Section 17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766) is amended by adding at the end the following:
``(v) Advisory Committee on Paperwork Reduction.--
``(1) Establishment.--Not later than 180 days after the
date of the enactment of this subsection, the Secretary shall
establish an advisory committee (hereafter in this subsection
referred to as the `Advisory Committee') to carry out the
duties described in paragraph (2).
``(2) Duties.--The duties of the Advisory Committee shall
be to--
``(A) examine the feasibility of reducing
unnecessary or duplicative paperwork resulting from
regulations and recordkeeping requirements, including
paperwork resulting from additional State requirements,
for those participating or seeking to participate in
the program under this section including State
agencies, family child care homes, child care centers,
and sponsoring organizations; and
``(B) provide recommendations to reduce such
paperwork for participants in the program under this
section while ensuring that proper accountability and
program integrity are maintained.
``(3) Membership.--The Advisory Committee shall be composed
of 1 member representing each of the following entities and
such other members as the Secretary determines to be
appropriate:
``(A) A public nonprofit center.
``(B) A private nonprofit center.
``(C) A family or group day care home.
``(D) A Head Start center.
``(E) A for-profit center.
``(F) An emergency shelter.
``(G) An adult day care center.
``(H) A State agency.
``(I) Sponsoring organizations for centers and
family or group day care homes.
``(J) An anti-hunger advocacy organization.
``(K) An at-risk, after school program.
``(L) A child care advocacy organization.
``(4) Considerations.--In developing the recommendations
described in paragraph (2), the Advisory Committee shall
consider--
``(A) information, recommendations, and reports
from the Paperwork Reduction Work Group established by
the Food and Nutrition Service pursuant to section
119(i) of the Child Nutrition and WIC Reauthorization
Act of 2004 (Public Law 108-265; 118 Stat. 755); and
``(B) the use of electronic systems and
recordkeeping technologies to reduce paperwork for
program participants.
``(5) Guidance and regulations.--Not later than 2 years
after the date of the enactment of this subsection, the
Secretary shall issue guidance and, as appropriate, regulations
based on the recommendations described in paragraph (2) for
streamlined and consolidated paperwork and recordkeeping
requirements for the program, including recommendations for
reducing paperwork for applications and monitoring and auditing
requirements.
``(6) Report.--
``(A) In general.--Not later than 180 days after
issuing the guidance and regulations described in
paragraph (5), the Secretary shall submit a report to
the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Education and the
Workforce of the House of Representatives containing
the information described in subparagraph (B).
``(B) Contents.--The report under subparagraph (A)
shall contain the following:
``(i) In each case in which the Secretary
did not implement a recommendation of the
Advisory Committee, an explanation of why such
recommendation was not implemented.
``(ii) Recommendations for legislative
action that may further strengthen and
streamline the program application and
monitoring process and reduce administrative
burdens on grantees, program participants, and
local, State, and Federal governments.''. | Early Childhood Nutrition Improvement Act This bill amends the Richard B. Russell National School Lunch Act to revise several provisions related to the child and adult care food program. Under current law: (1) an institution that provides child or day care under the program may be reimbursed for up to two meals and one supplement per day per child; and (2) a family or group day care home sponsoring organization may receive the same maximum reimbursement, but only with respect to a child maintained in a child care setting for at least eight hours per day. The bill eliminates this distinction between institutions and sponsoring organizations, and increases maximum reimbursement for both to: (1) two meals and one supplement or one meal and two supplements per day per child; or (2) three meals and one supplement or two meals and two supplements per day per child, for each child maintained in a child care setting for at least eight hours per day. Reimbursements to family or group day care home sponsoring organizations must be adjusted annually to reflect the Consumer Price Index for food away from home, rather than the Consumer Price Index for food at home used under current law. A determination of a for-profit day care center's eligibility to participate in the program shall be in effect for six months. The Department of Agriculture (USDA) must issue guidance and, as appropriate, regulations to assist in ensuring a fair and effective process for the identification, review, and correction of serious program deficiencies. USDA shall establish an advisory committee to examine the feasibility of reducing unnecessary or duplicative paperwork for those participating or seeking to participate in the program. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal-to-Liquid Fuel Energy Act of
2006''.
SEC. 2. DEFINITION.
In this Act:
(1) Coal-to-liquid fuel.--The term ``coal-to-liquid fuel''
means any liquid fuel derived from coal through the Fischer-
Tropsch process.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM.
Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)) is amended by adding at the end the following:
``(11) Large-scale coal-to-liquid fuel facilities (as
defined in section 2 of the Coal-to-Liquid Fuel Energy Act of
2006).''.
SEC. 4. COAL-TO-LIQUID FUEL FACILITIES LOAN PROGRAM.
(a) Definition of Eligible Recipient.--In this section, the term
``eligible recipient'' means an individual, organization, or other
entity that owns, operates, or plans to construct a coal-to-liquid fuel
facility that will produce at least 10,000 barrels per day of coal-to-
liquid fuel.
(b) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide loans, in a total amount not to
exceed $20,000,000, for use by eligible recipients to pay the Federal
share of the cost of obtaining any services necessary for the planning,
permitting, and construction of a coal-to-liquid fuel facility.
(c) Application.--To be eligible to receive a loan under subsection
(b), an owner or operator of a coal-to-liquid fuel facility shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(d) Non-Federal Match.--To be eligible to receive a loan under this
section, an eligible recipient shall use non-Federal funds to provide a
dollar-for-dollar match of the amount of the loan.
(e) Repayment of Loan.--
(1) In general.--To be eligible to receive a loan under
this section, an eligible recipient shall agree to repay the
original amount of the loan to the Secretary not later than 5
years after the date of the receipt of the loan.
(2) Source of funds.--Repayment of a loan under paragraph
(1) may be made from any financing or assistance received for
the construction of a coal-to-liquid fuel facility described in
subsection (a), including a loan guarantee provided under
section 1703(b)(11) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)(11)).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000, to remain
available until expended.
SEC. 5. STRATEGIC PETROLEUM RESERVE.
(a) Development, Operation, and Maintenance of Reserve.--Section
159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is
amended--
(1) by redesignating subsections (f), (g), (j), (k), and
(l) as subsections (a), (b), (d), (e), and (f), respectively;
and
(2) by inserting after subsection (b) (as redesignated by
paragraph (1)) the following new subsection:
``(c) Study of Maintaining Coal-to-Liquid Fuel Products in
Reserve.--Not later than 1 year after the date of enactment of the
Coal-to-Liquid Fuel Energy Act of 2006, the Secretary shall--
``(1) conduct a study of the feasibility and suitability of
maintaining coal-to-liquid fuel products in the Reserve; and
``(2) submit to the Committee on Energy and Natural
Resources and the Committee on Armed Services of the Senate and
the Committee on Energy and Commerce and the Committee on Armed
Services of the House of Representatives a report describing
the results of the study.''.
(b) Petroleum Products for Storage in Reserve.--Section 160 of the
Energy Policy and Conservation Act (42 U.S.C. 6240) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting a semicolon at
the end;
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) coal-to-liquid fuel products (as defined in section 2
of the Coal-to-Liquid Fuel Energy Act of 2006), as the
Secretary determines to be appropriate, in a quantity not to
exceed 20 percent of the total quantity of petroleum products
in the Reserve.'';
(2) in subsection (b), by redesignating paragraphs (3)
through (5) as paragraphs (2) through (4), respectively; and
(3) by redesignating subsections (f) and (h) as subsections
(d) and (e), respectively.
(c) Conforming Amendments.--Section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(B) in paragraph (2) (as redesignated by
subparagraph (A)), by striking ``section 160(f)'' and
inserting ``section 160(e)''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``section 160(f)'' and inserting ``section
160(e)''.
SEC. 6. EXTENSION OF EXCISE TAX CREDITS FOR CERTAIN LIQUID FUEL DERIVED
FROM COAL.
(a) Alternative Fuel Credit.--Paragraph (4) of section 6426(d) of
the Internal Revenue Code of 1986 (relating to termination) is amended
by inserting ``(December 31, 2020, in the case of any sale or use
involving liquid fuel derived from coal which is described in paragraph
(2)(E))'' before the period at the end.
(b) Alternative Fuel Mixture Credit.--Paragraph (3) of section
6426(e) of such Code (relating to termination) is amended by inserting
``(December 31, 2020, in the case of any sale or use involving liquid
fuel derived from coal which is described in subsection (d)(2)(E))''
before the period at the end.
(c) Refundability of Credit.--Paragraph (5) of section 6427(e) of
such Code (relating to termination) is amended--
(1) by striking ``and'' at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(E) any alternative fuel or alternative fuel
mixture (as so defined) involving liquid fuel derived
from coal which is described in section 6426(d)(2)(E)
sold or used after December 31, 2020.'', and
(2) by inserting ``or (E)'' after ``subparagraph (D)'' in
subparagraph (C).
(d) Effective Date.--The amendments made by this section shall
apply to any sale or use for any period after September 30, 2006. | Coal-to-Liquid Fuel Energy Act of 2006 - Amends the Energy Policy Act of 2005 to include among the projects eligible for Department of Energy (DOE) loan guarantees large-scale coal-to-liquid fuel facilities that will produce at least 10,000 barrels a day of coal-to-liquid fuel.
Instructs the Secretary of Energy to establish a federal loan program for use by eligible recipients pay the federal share of the cost of obtaining services necessary for the planning, permitting, and construction of a coal-to-liquid fuel facility.
Amends the Energy Policy and Conservation Act to direct the Secretary to study and report to certain congressional committees on the feasibility and suitability of maintaining coal-to-liquid products in the Strategic Petroleum Reserve (SPR).
Authorizes the Secretary to acquire, place in storage, transport, or exchange coal-to-liquid products, not to exceed 20% of the total quantity of petroleum products in the SPR.
Amends the Internal Revenue Code to extend excise tax credits for certain alternative fuels and alternative fuel mixtures. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Regulatory Relief Act
of 2017''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Ombudsman'' has the meaning given that term
in section 30(a) of the Small Business Act 15 U.S.C. 657(a));
and
(2) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 3. SBA REGULATORY ENFORCEMENT OMBUDSMAN.
(a) In General.--Section 30(b) of the Small Business Act (15 U.S.C.
657(b)(2)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``with each agency with
regulatory authority'' and inserting the
following: ``with--
``(i) each Federal agency with regulatory
authority'';
(ii) by inserting ``and'' after the
semicolon; and
(iii) by adding at the end the following:
``(ii) each Federal agency with regulatory
authority over small business concerns or that
makes grants or enters into contracts or
cooperative agreements with small business
concerns to develop best practices to assist
the Federal agency in--
``(I) establishing a program to
assist small entities, as defined in
section 601 of title 5, United States
Code, in meeting regulatory
requirements imposed by that Federal
agency, including by responding to
inquiries under section 213 of the
Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601
note);
``(II) educating small entities
about the regulations of that Federal
agency that are applicable to small
entities;
``(III) training small entities to
comply with the regulations of that
Federal agency;
``(IV) assisting small entities in
completing forms required by the
regulations of that Federal agency;
``(V) addressing any specific
question or concern of small entities;
``(VI) evaluating compliance guides
described under section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601
note);
``(VII) ensuring that the
compliance guides described in
subclause (VI) are available to small
business development centers and to
other resource partners of the
Administration;
``(VIII) developing webinars
relating to compliance assistance for--
``(aa) recently finalized
rules of the Federal agency;
and
``(bb) rules relating to
which the Federal agency or
Ombudsman receives a
significant number of
compliance inquiries from small
business concerns; and
``(IX) conducting customer service
surveys on an ongoing basis of small
business concerns that interact with
the Federal agency to assess the
timeliness and quality of the
activities of the Federal agency, which
shall be conducted in a manner that
allows the results of the surveys to be
incorporated into the rating of the
responsiveness of the Federal agency
under subparagraph (C);'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(F) in collaboration with the employee of a
Federal agency designated by the head of the Federal
agency as the primary point of contact with the
Ombudsman, establish a procedure relating to how the
Federal agency will provide information--
``(i) to small business concerns regarding
the Ombudsman; and
``(ii) to the Ombudsman regarding the
nature, scope, and resolution of requests to
the Federal agency from small business concerns
about proposed, final, or existing rules;
``(G) work with each Federal agency with regulatory
authority over small business concerns and with
programs of the Administration (including the Service
Corps of Retired Executives authorized under section
8(b)(1)(B), women's business centers operating under
section 29, and small business development centers) to
conduct a robust outreach initiative, including through
the use of the Internet, to increase the visibility of
the Ombudsman and promote awareness of the services
available from the Ombudsman; and
``(H) make information regarding the education,
training, and compliance assistance services of the
Ombudsman readily available on the website of the
Ombudsman.''; and
(2) by adding at the end the following:
``(3)(A) The head of each Federal agency with regulatory
authority over small business concerns or that makes grants or
enters into contracts or cooperative agreements with small
business concerns shall designate an employee of the Federal
agency as the primary point of contact with the Ombudsman.
``(B) The employee designated under subparagraph (A) shall
have the authority to make changes necessary to address
compliance issues raised by small business concerns.''.
(b) Resources.--The Ombudsman shall appoint additional individuals
to positions in which they will provide education, training, and
compliance assistance to small business concerns.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 30 of the Small Business Act (15 U.S.C. 657) is amended by
adding at the end the following:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.''. | Small Business Regulatory Relief Act of 2017 This bill amends the Small Business Act to revise the duties of the Office of the National Ombudsman (ONO) to include working with federal agencies that have regulatory authority over small businesses or that provide support to small businesses to develop best practices for helping small businesses comply with agency rules through training, webinars, and compliance guides. The ONO must collaborate with each federal agency to establish a procedure relating to how the agency will provide information to: (1) small businesses regarding the ONO; and (2) the ONO regarding the nature, scope, and resolution of requests to the agency from small businesses about proposed, final, or existing rules. The ONO must: conduct a robust outreach initiative to increase its visibility and promote awareness of its available services; and appoint additional individuals to provide education, training, and compliance assistance to small businesses. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scientific Integrity Act''.
SEC. 2. DEFINITION OF FEDERAL AGENCY.
In this Act, the term ``Federal agency'' has the meaning given the
term ``agency'' in section 551(1) of title 5, United States Code.
SEC. 3. SENSE OF CONGRESS ON SCIENTIFIC INTEGRITY.
It is the sense of Congress that--
(1) science and the scientific process should inform and
guide public policy decisions on a wide range of issues,
including improvement of public health, protection of the
environment, and protection of national security;
(2) the public must be able to trust the science and
scientific process informing public policy decisions;
(3) science, the scientific process, and the communication
of science should be free from politics, ideology, and
financial conflicts of interest; and
(4) policies and procedures that ensure the integrity of
the conduct and communication of publicly funded science are
critical to ensuring public trust.
SEC. 4. PUBLIC COMMUNICATIONS.
Except as provided in section 552(b) of title 5, United States
Code, and consistent with privacy and classification standards, the
head of each Federal agency that funds or conducts scientific research
shall--
(1) promote and maximize the communication and open
exchange of data and findings to other agencies, policymakers,
and the public of research conducted by a scientist or engineer
employed or contracted by a Federal agency that funds or
conducts scientific research; and
(2) prevent the suppression or distortion of the data and
findings described in paragraph (1).
SEC. 5. PRINCIPLES.
Section 1009(a) of the America COMPETES Act (42 U.S.C. 6620(a)) is
amended to read as follows:
``(a) Principles.--
``(1) In general.--Not later than 30 days after the date of
enactment of the Scientific Integrity Act, the Director of the
Office of Science and Technology Policy, in consultation with
the head of each Federal agency that funds or conducts
scientific research, shall develop and issue an overarching set
of principles--
``(A) to ensure the communication and open exchange
of data and findings to other agencies, policymakers,
and the public of research conducted by a scientist or
engineer employed or contracted by a Federal agency
that funds or conducts scientific research, while
protecting privacy, confidentiality, and national
security; and
``(B) to prevent the suppression or distortion of
the data or findings described in subparagraph (A).
``(2) Exchange of data and findings.--In order to promote
the sharing of data and findings, as appropriate, the
principles shall--
``(A) encourage the open exchange of data and
findings of research undertaken by a scientist or
engineer employed or contracted by a Federal agency
that funds or conducts scientific research, while
protecting privacy, confidentiality, and national
security; and
``(B) be consistent with existing Federal laws,
including chapter 18 of title 35, United States Code
(commonly known as the `Bayh-Dole Act').''.
SEC. 6. SCIENTIFIC INTEGRITY POLICIES.
(a) In General.--Section 1009 of the America COMPETES Act (42
U.S.C. 6620) is amended by striking subsection (b) and inserting the
following:
``(b) Scientific Integrity Policies.--Not later than 90 days after
the date of enactment of the Scientific Integrity Act, the head of each
Federal agency that funds or conducts scientific research shall--
``(1) develop and enforce a scientific integrity policy,
including procedures, regarding the release of data and
findings to other agencies, policymakers, and the public of
research conducted by a scientist or engineer employed or
contracted by that Federal agency; and
``(2) submit the scientific integrity policy to the
Director of the Office of Science and Technology Policy and
Congress.
``(c) Requirements.--A scientific integrity policy under subsection
(b) shall--
``(1) be consistent with the principles established under
subsection (a);
``(2) specifically address what is and what is not
permitted or recommended under that policy, including
procedures;
``(3) be specifically designed for the Federal agency;
``(4) be applied uniformly throughout the Federal agency;
and
``(5) be publicly accessible and widely communicated to all
employees and private contractors of the Federal agency.
``(d) Contents.--At a minimum, each scientific integrity policy
under subsection (b) shall ensure that--
``(1) scientific conclusions are not made based on
political considerations;
``(2) the selection and retention of candidates for science
and technology positions in the Federal agency are based
primarily on the candidate's expertise, scientific credentials,
experience, and integrity;
``(3) personnel actions regarding scientists and engineers
are not made based on political consideration or ideology;
``(4) scientists and engineers adhere to the highest
ethical and professional standards in conducting their research
and disseminating their findings;
``(5) the appropriate rules, procedures, and safeguards are
in place to ensure the integrity of the scientific process
within the Federal agency, including procedures--
``(A) that allow for a scientist to review public
release of materials that cite work from that scientist
or otherwise claim to represent the scientist's
scientific opinion; and
``(B) to identify, evaluate the merits of, and
address instances in which the scientific process or
the integrity of scientific and technological
information may be compromised;
``(6) scientific or technological information considered in
policy decisions is subject to well-established scientific
processes, including peer review where appropriate;
``(7) except as provided in section 552(b) of title 5,
United States Code, and consistent with privacy and
classification standards, each Federal agency makes publicly
available scientific or technological findings that are
considered or relied upon in policy decisions and regulatory
proposals;
``(8) scientific and technical staff are able to ensure the
scientific and technical content of scientific documents,
reports, press releases, and fact sheets accurately represents
the relevant scientific data and conclusions; and
``(9) procedures, including any applicable whistleblower
protections, are in place as are necessary to ensure the
integrity of scientific and technological information and
processes on which the Federal agency relies in its
decisionmaking or otherwise uses.
``(e) Application.--A scientific integrity policy shall apply to
each employee or contractor who conducts, handles, communicates,
supervises, or manages federally funded scientific research for the
Federal agency or for a federally funded research and development
center sponsored by the Federal agency.
``(f) Dissemination of Scientific Integrity Policies and
Procedures.--The head of each Federal agency that funds or conducts
scientific research shall--
``(1) make the scientific integrity policy available to the
public on the Federal agency's website;
``(2) disseminate the scientific integrity policy to each
new employee and contractor; and
``(3) develop and require training on the scientific
integrity policy for each employee or contractor who conducts,
handles, communicates, or supervises scientific research for
the Federal agency.
``(g) Definition of Federal Agency.--In this section, the term
`Federal agency' has the meaning given the term `agency' in section
551(1) of title 5, United States Code.''.
(b) Existing Scientific Integrity Policies.--Notwithstanding
section 1009(b) of the America COMPETES Act (42 U.S.C. 6620(b)), as
amended by this Act, a scientific integrity policy that was in effect
on the day before the date of enactment of this Act may satisfy the
requirements of section 1009 of that Act if the head of a Federal
agency that funds or conducts scientific research--
(1) makes a written determination that the policy satisfies
the requirements of that section; and
(2) submits the written determination and the policy to the
Director of the Office of Science and Technology Policy and
Congress.
(c) Clarification.--Nothing in this Act shall affect the
application of United States copyright law.
SEC. 7. NAPA REVIEW.
Not later than 90 days after the date of enactment of this Act, the
Director of the Office of Science and Technology Policy shall enter
into an agreement with the National Academy of Public Administration--
(1) to study the appropriateness of the scientific
integrity policies under section 1009 of the America COMPETES
Act (42 U.S.C. 6620), as added by section 6 of this Act--
(A) in promoting the communication and open
exchange of data and findings to other agencies,
policymakers, and the public of research conducted by
scientists employed or contracted by a Federal agency;
and
(B) in preventing the suppression or distortion of
the data and findings described in subparagraph (A);
and
(2) to recommend any improvements to the scientific
integrity policies to achieve the purposes described in
subparagraphs (A) and (B) of paragraph (1). | Scientific Integrity Act This bill requires, subject to Freedom of Information Act disclosure restrictions and privacy requirements, federal agencies that fund or conduct scientific research to: (1) promote and maximize the communication and open exchange of scientific data and findings to other agencies, policymakers, and the public; and (2) prevent the suppression or distortion of such data and findings. The bill amends the America COMPETES Act to require federal agencies that fund or conduct scientific research to develop and enforce a scientific integrity policy and submit it to Congress and the Office of Science and Technology Policy (OSTP). A scientific integrity policy must, at a minimum, ensure that scientific conclusions are not made based on political considerations. It must be made available to the public on agency websites and be disseminated to each new agency employee and contractor. Agencies must also develop and require training on the policy for its employees and contractors. The OSTP shall enter into an agrement with the National Academy of Public Administration to study the appropriateness of scientific integrity policies. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf of Mexico Restoration and
Protection Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Gulf of Mexico is a valuable resource of national
and international importance, continuously serving the people
of the United States and other countries as an important source
of food, economic productivity, recreation, beauty, and
enjoyment;
(2) over many years, the resource productivity and water
quality of the Gulf of Mexico and its watershed have been
diminished by point and nonpoint source pollution resulting
largely from the impacts of agricultural runoff, increasing
population growth and development in the Gulf of Mexico
watershed, and other factors;
(3) the United States should seek to attain the protection
and restoration of the Gulf of Mexico ecosystem as a
collaborative regional goal of the Gulf of Mexico Program; and
(4) the Administrator of the Environmental Protection
Agency, in consultation with other Federal agencies and State
and local authorities, should coordinate the effort to meet
those goals.
(b) Purposes.--The purposes of this Act are--
(1) to expand and strengthen cooperative efforts to restore
and protect the Gulf of Mexico;
(2) to expand Federal support for monitoring, management,
and restoration activities in the Gulf of Mexico and its
watershed;
(3) to commit the United States to a comprehensive
cooperative program to achieve improved water quality in, and
improvements in the productivity of living resources of, the
Gulf of Mexico; and
(4) to establish a Gulf of Mexico Program to serve as a
national and international model for the collaborative
management of large marine ecosystems.
SEC. 3. GULF OF MEXICO RESTORATION AND PROTECTION.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended--
(1) by redesignating the second section 121 (33 U.S.C.
1274) (relating to wet weather watershed pilot projects) as
section 122; and
(2) by inserting after section 122 (as designated by
paragraph (1)) the following:
``SEC. 123. GULF OF MEXICO RESTORATION AND PROTECTION.
``(a) Definitions.--In this section;
``(1) Gulf of mexico ecosystem.--The term `Gulf of Mexico
ecosystem' means the ecosystem of the Gulf of Mexico and its
watershed.
``(2) Gulf of mexico executive council.--The term `Gulf of
Mexico Executive Council' means the formal collaborative
Federal, State, local, and private participants in the Program.
``(3) Program.--The term `Program' means the Gulf of Mexico
Program established by the Administrator in 1988 as a
nonregulatory, inclusive partnership to provide a broad
geographic focus on the primary environmental issues affecting
the Gulf of Mexico.
``(4) Program office.--The term `Program Office' means the
office established by the Administrator to administer the
Program that is reestablished by subsection (b)(1)(A).
``(b) Continuation of Gulf of Mexico Program.--
``(1) Gulf of mexico program office.--
``(A) Reestablishment.--The Program Office
established before the date of enactment of this
section by the Administrator is reestablished as an
office of the Environmental Protection Agency.
``(B) Requirements.--The Program Office shall be--
``(i) headed by a Director who, by reason
of management experience and technical
expertise relating to the Gulf of Mexico, is
highly qualified to direct the development of
plans and programs on a variety of Gulf of
Mexico issues, as determined by the
Administrator; and
``(ii) located in a State all or a portion
of the coastline of which is on the Gulf of
Mexico.
``(C) Functions.--The Program Office shall--
``(i) coordinate the actions of the
Environmental Protection Agency with the
actions of the appropriate officials of other
Federal agencies and State and local
authorities in developing strategies--
``(I) to improve the water quality
and living resources in the Gulf of
Mexico ecosystem; and
``(II) to obtain the support of
appropriate officials;
``(ii) in cooperation with appropriate
Federal, State, and local authorities, assist
in developing and implementing specific action
plans to carry out the Program;
``(iii) coordinate and implement priority
State-led and community-led restoration plans
and projects and facilitate science, research,
modeling, monitoring, data collection, and
other activities that support the Program;
``(iv) implement outreach programs for
public information, education, and
participation to foster stewardship of the
resources of the Gulf of Mexico;
``(v) develop and make available, through
publications, technical assistance, and other
appropriate means, information pertaining to
the environmental quality and living resources
of the Gulf of Mexico ecosystem; and
``(vi) serve as the liaison with, and
provide information to, the Mexican members of
the Gulf of Mexico States Accord and Mexican
counterparts of the Environmental Protection
Agency.
``(c) Interagency Agreements.--The Administrator may enter into 1
or more interagency agreements with other Federal agencies to carry out
this section.
``(d) Grants.--
``(1) In general.--In accordance with the Program, the
Administrator may provide grants to nonprofit organizations,
State and local governments, colleges, universities, interstate
agencies, and individuals to carry out this section for use
in--
``(A) monitoring the water quality and living
resources of the Gulf of Mexico ecosystem;
``(B) researching the effects of natural and human-
induced environmental changes on the water quality and
living resources of the Gulf of Mexico ecosystem;
``(C) developing and executing cooperative
strategies that address the water quality and living
resource needs in the Gulf of Mexico ecosystem;
``(D) developing and implementing locally-based
protection and restoration programs or projects within
a watershed that complement those strategies, including
the creation, restoration, protection, or enhancement
of habitat associated with the Gulf of Mexico
ecosystem; and
``(E) eliminating or reducing point sources that
discharge pollutants that contaminate the Gulf of
Mexico ecosystem, including activities to eliminate
leaking septic systems and construct connections to
local sewage systems.
``(2) Federal share.--The Federal share of the cost of any
project or activity carried out using a grant provided under
this section shall not exceed 75 percent, as determined by the
Administrator.
``(3) Administrative costs.--Administrative costs in the
form of salaries, overhead, or indirect costs for services
provided and charged against programs or projects carried out
using funds made available through a grant under this
subsection shall not exceed 15 percent of the amount of the
grant.
``(e) Reports.--
``(1) Annual report.--Not later than December 30, 2006, and
annually thereafter, the Director of the Program Office shall
submit to the Administrator and make available to the public a
report that describes--
``(A) each project and activity funded under this
section during the previous fiscal year;
``(B) the goals and objectives of those projects
and activities; and
``(C) the net benefits of projects and activities
funded under this section during previous fiscal years.
``(2) Assessment.--
``(A) In general.--Not later than April 30, 2007,
and every 5 years thereafter, the Administrator, in
coordination with the Gulf of Mexico Executive Council,
shall complete an assessment, and submit to Congress a
comprehensive report on the performance, of the
Program.
``(B) Requirements.--The assessment and report
described in subparagraph (A) shall--
``(i) assess the overall state of the Gulf
of Mexico ecosystem;
``(ii) compare the current state of the
Gulf of Mexico ecosystem with a baseline
assessment;
``(iii) assess the effectiveness of the
Program management strategies being
implemented, and the extent to which the
priority needs of the region are being met
through that implementation; and
``(iv) make recommendations for the
improved management of the Program, including
strengthening strategies being implemented or
adopting improved strategies.
``(f) Budget Item.--The Administrator, in the annual submission to
Congress of the budget of the Environmental Protection Agency, shall
include a funding line item request for the Program Office as a
separate budget line item.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, to remain available until
expended--
``(1) $10,000,000 for fiscal year 2006;
``(2) $15,000,000 for fiscal year 2007; and
``(3) $25,000,000 for each of fiscal years 2008 through
2010.''. | Gulf of Mexico Restoration and Protection Act - Amends the Federal Water Pollution Control Act to reestablish the Program Office of the Gulf of Mexico Program as an office of the Environmental Protection Agency (EPA), to be headed by a Director. Requires the Office to: (1) coordinate the actions of EPA and of other federal agencies and state and local authorities; (2) assist in developing specific action plans to carry out the program; (3) coordinate and implement priority state- and community-led restoration plans and projects and facilitate activities that support the program; (4) implement outreach programs to foster stewardship of the Gulf's resources; (5) develop and make available information about the environmental quality and living resources of the Gulf; and (6) serve as the liaison with the Mexican members of the Gulf of Mexico States Accord and Mexican counterparts of the EPA.
Authorizes the EPA Administrator to enter into interagency agreements to carry out this Act. Authorizes the Administrator to provide grants for use in: (1) monitoring the water quality and living resources of the Gulf ecosystem; (2) researching the effects of environmental changes on such water quality and resources; (3) developing cooperative strategies that address the water quality and needs of Gulf resources; (4) developing locally-based protection and restoration programs or projects within a watershed that complement those strategies; and (5) eliminating or reducing point sources that discharge pollutants that contaminate the Gulf ecosystem. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudan Peace Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Government of Sudan has intensified its prosecution of
the war against areas outside of its control, which has already
cost more than 2,000,000 lives and has displaced more than
4,000,000 people.
(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of human
rights, and a self-sustaining Sudan.
(3) Continued strengthening and reform of humanitarian relief
operations in Sudan is an essential element in the effort to bring
an end to the war.
(4) Continued leadership by the United States is critical.
(5) Regardless of the future political status of the areas of
Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people and
to meaningful progress toward a viable peace process. It is
critical that credible civil authority and institutions play an
important role in the reconstruction of post-war Sudan.
(6) Through the manipulation of traditional rivalries among
peoples in areas outside of its full control, the Government of
Sudan has used divide-and-conquer techniques effectively to
subjugate its population. However, internationally sponsored
reconciliation efforts have played a critical role in reducing
human suffering and the effectiveness of this tactic.
(7) The Government of Sudan utilizes and organizes militias,
Popular Defense Forces, and other irregular units for raiding and
enslaving parties in areas outside of the control of the Government
of Sudan in an effort to disrupt severely the ability of the
populations in those areas to sustain themselves. The tactic helps
minimize the Government of Sudan's accountability internationally.
(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside of its control.
(9) By regularly banning air transport relief flights by the
United Nations relief operation OLS, the Government of Sudan has
been able to manipulate the receipt of food aid by the Sudanese
people from the United States and other donor countries as a
devastating weapon of war in the ongoing effort by the Government
of Sudan to starve targeted groups and subdue areas of Sudan
outside of the Government's control.
(10) The acts of the Government of Sudan, including the acts
described in this section, constitute genocide as defined by the
Convention on the Prevention and Punishment of the Crime of
Genocide (78 U.N.T.S. 277).
(11) The efforts of the United States and other donors in
delivering relief and assistance through means outside of OLS have
played a critical role in addressing the deficiencies in OLS and
offset the Government of Sudan's manipulation of food donations to
advantage in the civil war in Sudan.
(12) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption of
their ability to sustain themselves.
(13) The Nuba Mountains and many areas in Bahr al Ghazal and
the Upper Nile and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently placing
their populations at increased risk of famine.
(14) At a cost which has sometimes exceeded $1,000,000 per day,
and with a primary focus on providing only for the immediate food
needs of the recipients, the current international relief
operations are neither sustainable nor desirable in the long term.
(15) The ability of populations to defend themselves against
attack in areas outside of the control of the Government of Sudan
has been severely compromised by the disengagement of the front-
line states of Ethiopia, Eritrea, and Uganda, fostering the belief
among officials of the Government of Sudan that success on the
battlefield can be achieved.
(16) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including--
(A) the multilateralization of economic and diplomatic
tools to compel the Government of Sudan to enter into a good
faith peace process;
(B) the support or creation of viable democratic civil
authority and institutions in areas of Sudan outside of
government control;
(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside of
government control;
(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
(E) cooperation among the trading partners of the United
States and within multilateral institutions toward those ends.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Government of sudan.--The term ``Government of Sudan''
means the National Islamic Front government in Khartoum, Sudan.
(3) OLS.--The term ``OLS'' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as ``Operation Lifeline
Sudan''.
SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS
OF THE GOVERNMENT OF SUDAN.
The Congress hereby--
(1) condemns--
(A) violations of human rights on all sides of the conflict
in Sudan;
(B) the Government of Sudan's overall human rights record,
with regard to both the prosecution of the war and the denial
of basic human and political rights to all Sudanese;
(C) the ongoing slave trade in Sudan and the role of the
Government of Sudan in abetting and tolerating the practice;
(D) the Government of Sudan's use and organization of
``murahalliin'' or ``mujahadeen'', Popular Defense Forces, and
regular Sudanese Army units into organized and coordinated
raiding and slaving parties in Bahr al Ghazal, the Nuba
Mountains, and the Upper Nile and the Blue Nile regions; and
(E) aerial bombardment of civilian targets that is
sponsored by the Government of Sudan; and
(2) recognizes that, along with selective bans on air transport
relief flights by the Government of Sudan, the use of raiding and
slaving parties is a tool for creating food shortages and is used
as a systematic means to destroy the societies, culture, and
economies of the Dinka, Nuer, and Nuba peoples in a policy of low-
intensity ethnic cleansing.
SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
(a) Assistance to Sudan.--The President is authorized to provide
increased assistance to the areas of Sudan that are not controlled by
the Government of Sudan to prepare the population for peace and
democratic governance, including support for civil administration,
communications infrastructure, education, health, and agriculture.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to the
President to carry out the activities described in subsection (a)
of this section $100,000,000 for each of the fiscal years 2003,
2004, and 2005.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) of this
subsection are authorized to remain available until expended.
SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) Findings.--Congress hereby--
(1) recognizes that--
(A) a single, viable internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
(B) resolution to the conflict in Sudan is best made
through a peace process based on the Declaration of Principles
reached in Nairobi, Kenya, on July 20, 1994, and on the
Machakos Protocol in July 2002; and
(2) commends the efforts of Special Presidential Envoy, Senator
Danforth and his team in working to assist the parties to the
conflict in Sudan in finding a just, permanent peace to the
conflict in Sudan.
(b) Measures of Certain Conditions Not Met.--
(1) Presidential determination.--
(A) The President shall make a determination and certify in
writing to the appropriate congressional committees within 6
months after the date of enactment of this Act, and each 6
months thereafter, that the Government of Sudan and the Sudan
People's Liberation Movement are negotiating in good faith and
that negotiations should continue.
(B) If, under subparagraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Government of Sudan has not engaged in good
faith negotiations to achieve a permanent, just, and equitable
peace agreement, or has unreasonably interfered with
humanitarian efforts, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
(C) If, under paragraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Sudan People's Liberation Movement has not
engaged in good faith negotiations to achieve a permanent,
just, and equitable peace agreement, then paragraph (2) shall
not apply to the Government of Sudan.
(D) If the President certifies to the appropriate
congressional committees that the Government of Sudan is not in
compliance with the terms of a permanent peace agreement
between the Government of Sudan and the Sudan People's
Liberation Movement, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
(E) If, at any time after the President has made a
certification under subparagraph (B), the President makes a
determination and certifies in writing to the appropriate
congressional committees that the Government of Sudan has
resumed good faith negotiations, or makes a determination and
certifies in writing to the appropriate congressional
committees that the Government of Sudan is in compliance with a
peace agreement, then paragraph (2) shall not apply to the
Government of Sudan.
(2) Measures in support of the peace process.--Subject to the
provisions of paragraph (1), the President--
(A) shall, through the Secretary of the Treasury, instruct
the United States executive directors to each international
financial institution to continue to vote against and actively
oppose any extension by the respective institution of any loan,
credit, or guarantee to the Government of Sudan;
(B) should consider downgrading or suspending diplomatic
relations between the United States and the Government of
Sudan;
(C) shall take all necessary and appropriate steps,
including through multilateral efforts, to deny the Government
of Sudan access to oil revenues to ensure that the Government
of Sudan neither directly nor indirectly utilizes any oil
revenues to purchase or acquire military equipment or to
finance any military activities; and
(D) shall seek a United Nations Security Council Resolution
to impose an arms embargo on the Government of Sudan.
(c) Report on the Status of Negotiations.--If, at any time after
the President has made a certification under subsection (b)(1)(A), the
Government of Sudan discontinues negotiations with the Sudan People's
Liberation Movement for a 14-day period, then the President shall
submit a quarterly report to the appropriate congressional committees
on the status of the peace process until negotiations resume.
(d) Report on United States Opposition To Financing by
International Financial Institutions.--The Secretary of the Treasury
shall submit a semiannual report to the appropriate congressional
committees describing the steps taken by the United States to oppose
the extension of a loan, credit, or guarantee if, after the Secretary
of the Treasury gives the instructions described in subsection
(b)(2)(A), such financing is extended.
(e) Report on Efforts To Deny Oil Revenues.--Not later than 45 days
after the President takes an action under subsection (b)(2)(C), the
President shall submit to the appropriate congressional committees a
comprehensive plan for implementing the actions described in such
subsection.
(f) Definition.--In this section, the term ``international
financial institution'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Monetary Fund, the African Development Bank, and the
African Development Fund.
SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that--
(1) the United Nations should help facilitate peace and
recovery in Sudan;
(2) the President, acting through the United States Permanent
Representative to the United Nations, should seek to end the veto
power of the Government of Sudan over the plans by OLS for air
transport relief flights and, by doing so, to end the manipulation
of the delivery of relief supplies to the advantage of the
Government of Sudan on the battlefield; and
(3) the President should take appropriate measures, including
the implementation of recommendations of the International Eminent
Persons Commission contained in the report issued on May 22, 2002,
to end slavery and aerial bombardment of civilians by the
Government of Sudan.
SEC. 8. REPORTING REQUIREMENT.
Not later than 6 months after the date of the enactment of this
Act, and annually thereafter, the Secretary of State shall prepare and
submit to the appropriate congressional committees a report regarding
the conflict in Sudan. Such report shall include--
(1) a description of the sources and current status of Sudan's
financing and construction of infrastructure and pipelines for oil
exploitation, the effects of such financing and construction on the
inhabitants of the regions in which the oil fields are located, and
the ability of the Government of Sudan to finance the war in Sudan
with the proceeds of the oil exploitation;
(2) a description of the extent to which that financing was
secured in the United States or with involvement of United States
citizens;
(3) the best estimates of the extent of aerial bombardment by
the Government of Sudan, including targets, frequency, and best
estimates of damage; and
(4) a description of the extent to which humanitarian relief
has been obstructed or manipulated by the Government of Sudan or
other forces.
SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) Sense of Congress.--It is the sense of the Congress that the
President should continue to increase the use of non-OLS agencies in
the distribution of relief supplies in southern Sudan.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the President shall submit to the appropriate congressional
committees a detailed report describing the progress made toward
carrying out subsection (a).
SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) Plan.--The President shall develop a contingency plan to
provide, outside the auspices of the United Nations if necessary, the
greatest possible amount of United States Government and privately
donated relief to all affected areas in Sudan, including the Nuba
Mountains and the Upper Nile and the Blue Nile regions, in the event
that the Government of Sudan imposes a total, partial, or incremental
ban on OLS air transport relief flights.
(b) Reprogramming Authority.--Notwithstanding any other provision
of law, in carrying out the plan developed under subsection (a), the
President may reprogram up to 100 percent of the funds available for
support of OLS operations for the purposes of the plan.
SEC. 11. INVESTIGATION OF WAR CRIMES.
(a) In General.--The Secretary of State shall collect information
about incidents which may constitute crimes against humanity, genocide,
war crimes, and other violations of international humanitarian law by
all parties to the conflict in Sudan, including slavery, rape, and
aerial bombardment of civilian targets.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of State
shall prepare and submit to the appropriate congressional committees a
detailed report on the information that the Secretary of State has
collected under subsection (a) and any findings or determinations made
by the Secretary on the basis of that information. The report under
this subsection may be submitted as part of the report required under
section 8.
(c) Consultations With Other Departments.--In preparing the report
required by this section, the Secretary of State shall consult and
coordinate with all other Government officials who have information
necessary to complete the report. Nothing contained in this section
shall require the disclosure, on a classified or unclassified basis, of
information that would jeopardize sensitive sources and methods or
other vital national security interests.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Sudan Peace Act - (Sec. 4) Condemns violations of human rights on all sides of the conflict in Sudan (including the Government of Sudan), the ongoing slave trade there, the Government's use and organization of "murahalliin" (or "mujahadeen"), Popular Defense Forces (PDF), and regular Sudanese Army units into raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, Upper Nile, and Blue Nile regions, and its aerial bombardment of civilian targets. Recognizes that the use of raiding and slaving parties is a tool for creating food shortages as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing.(Sec. 5) Authorizes the President to provide increased assistance to areas of Sudan that are not controlled by the Government of Sudan to prepare the population for peace and democratic governance. Authorizes appropriations for FY 2003 through 2005.(Sec. 6) Declares that Congress recognizes that: (1) a single, viable internationally and regionally sanctioned peace process holds the greatest opportunity to promote a negotiated, peaceful settlement to the war in Sudan; and (2) resolution to the conflict there is best made through a peace process based on the Declaration of Principles reached in Nairobi, Kenya, on July 20, 1994, and on the Machakos Protocol in July 2002. Commends the efforts of Special Presidential Envoy, Senator Danforth, and his team in working to assist the parties to the conflict in Sudan in finding a just, permanent peace to the conflict in Sudan.Requires the President to take specified actions against Sudan if the President determines and certifies to the appropriate congressional committees that the Government of Sudan has not engaged in good faith negotiations with the Sudan People's Liberation Movement (SPLM) to achieve a peace agreement, or is not in compliance with the terms of any negotiated peace agreement with the SPLM. Requires specified reports to Congress.(Sec. 7) Expresses the sense of Congress that: (1) the United Nations (UN) should help facilitate peace and recovery in Sudan; and (2) the President should seek to end the Government of Sudan's veto power over relief flight plans by Operation Lifeline Sudan (OLS) and take appropriate measures to end slavery and aerial bombardment of civilians by the Government of Sudan.(Sec. 8) Directs the Secretary of State to report annually to the appropriate congressional committees on the conflict in Sudan.(Sec. 9) Declares the sense of Congress that the President should continue to increase the use of non-OLS agencies in relief supply distribution in southern Sudan. Requires the President to submit a progress report to the appropriate congressional committees.(Sec. 10) Directs the President to develop a contingency plan to provide, outside UN auspices, the greatest amount of U.S. Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains, Upper Nile, and the Blue Nile regions, in the event the Government of Sudan imposes a ban on OLS air transport relief flights. Authorizes the President to reprogram up to 100 percent of funds for OLS operations for purposes of such contingency plan.(Sec. 11) Directs the Secretary to collect information and report to the appropriate congressional committees about possible war crimes by all parties to the conflict in Sudan, including slavery, rape, and aerial bombardment of civilian targets. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Community Response
Team Act of 1994''.
SEC. 2. PURPOSE.
The purpose of this Act is to--
(1) establish and strengthen the partnership between law
enforcement and community groups in order to assist victims of
domestic violence;
(2) provide early intervention and follow up services in
order to prevent future incidents of domestic violence; and
(3) establish a central technical assistance center for the
collection and provision of programmatic information and
technical assistance.
SEC. 3. GRANTS AUTHORIZED FOR COMMUNITY RESPONSE TEAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), is authorized to award
grants to encourage eligible entities to develop community response
teams to combat domestic violence. Grants shall be awarded in a manner
that ensures geographic and demographic diversity.
(b) Maximum Amount.--The Secretary shall not award a grant under
this section in an amount which exceeds $500,000.
(c) Duration.--The Secretary shall award grants under this section
for a period not to exceed 3 years.
(d) Eligible Entity.--
(1) In general.--For purposes of this section, the term
``eligible entity'' means a nonprofit, community-based
organization whose primary purpose involves domestic violence
prevention. The organization must have a proven track record of
expertise in providing services to victims of domestic violence
and collaborating with existing service providers and support
agencies in the community.
(2) Additional requirements.--An eligible entity shall--
(A) act in partnership with local law enforcement
agencies to carry out the purposes of this Act; and
(B) understand, be able to respond adequately to,
and if possible reflect the racial, ethnic, and lingual
diversity of the community.
(e) Role of Community Response Teams.--Community response teams
established pursuant to this section shall--
(1) provide community advocates to work (in conjunction
with local police) with victims immediately after incidents of
domestic violence;
(2) educate victims about the legal process with respect to
restraining orders and civil and criminal charges;
(3) discuss immediate safety arrangements and child care
needs, and educate victims about resources provided by local
agencies;
(4) provide for follow-up services and counseling with
local support agencies; and
(5) educate victims regarding abuse tactics, including
increased incidence of violence that occurs after repeated
episodes of violence.
(f) Applications.--
(1) In general.--Applications for grants pursuant to this
section shall be submitted to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) include a complete description of the eligible
entity's plan for operating a community-based
partnership between law enforcement officials and
community organizations;
(B) demonstrate effective community leadership,
commitment to community action, and commitment to
working with affected populations;
(C) provide for periodic project evaluation through
written report and analysis in order to assist in
applying successful programs to other communities; and
(D) demonstrate an understanding of the population
to be served (racial, ethnic, and socioeconomic
characteristics which influence women's roles and
affect treatment).
SEC. 4. TECHNICAL ASSISTANCE CENTER.
(a) In General.--The Secretary is authorized to award a contract to
an eligible entity to serve as a technical assistance center under this
Act. The technical assistance center shall--
(1) serve as a national information, training, and material
development source for the development and support of community
response teams nationwide; and
(2) provide technical support and input to community
programs, including helping local groups start their own
programs and providing training for community volunteer staff
persons.
(b) Eligible Entity.--For purposes of this section, the term
``eligible entity'' means a nonprofit organization with a primary focus
on domestic violence prevention and a proven track record of expertise
in providing technical assistance, information, training, and resource
development on some aspect of domestic violence service provision or
prevention. An eligible entity shall be selected by the Secretary under
this section based on competence, experience, and a proven ability to
conduct national-level organization and program development. The
eligible entity shall provide the Secretary with evidence of support
from community-based domestic violence organizations for the
designation of the eligible entity as the technical assistance center.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for fiscal years
1996, 1997, and 1998 to carry out the provisions of this Act of which
$300,000 shall be available for a grant under section 4. Not to exceed
5 percent of any grant made under this Act may be used by the grantee
for administrative purposes. | Domestic Violence Community Response Team Act of 1994 - Authorizes the Secretary of Health and Human Services to award grants to encourage eligible entities to develop community response teams to combat domestic violence. Directs that grants be awarded in a manner that ensure geographic and demographic diversity.
Sets forth provisions regarding: (1) grant amounts and duration; (2) eligibile entities; (3) the role of community response teams; and (4) applications and other requirements.
Authorizes the Secretary to award a contract to an eligible entity to serve as a technical assistance center under this Act.
Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stable Flood Insurance Authorization
Act of 2010''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) since the enactment of National Flood Insurance Act of
1968, the National Flood Insurance Program has been the primary
source of reliable, reasonably priced flood insurance coverage
for millions of American homes and businesses;
(2) today over 5,500,000 homes and businesses in the United
States rely on the National Flood Insurance Program to provide
a degree of financial security;
(3) several years of below-average flood claims losses and
increased voluntary participation in the National Flood
Insurance Program have allowed the program to fully service the
debt incurred following Hurricanes Katrina and Rita and allowed
the program to pay $598,000,000 of the principal of that
outstanding debt;
(4) recent lapses in, and short-term reauthorizations of,
the National Flood Insurance Program's ability to write and
renew flood insurance coverage are estimated by the Federal
Emergency Management Agency and The National Realtors
Association to have adversely impacted or delayed up to 1,350
real estate closings per day;
(5) though long-term authorization and significant reforms
are needed to further improve the financial outlook of the
National Flood Insurance Program, while such comprehensive
reforms are considered, reliable, annual authorization of the
program is an essential element to stabilizing the already
fragile United States housing market;
(6) increased flooding in areas outside designated special
flood hazard areas prompted the Executive and the Congress in
2002 to begin calling for the National Flood Insurance Program
to develop and disseminate revised, updated flood insurance
rate maps that reflect the real risk of flooding for properties
not previously identified as being located with in a special
flood hazard area;
(7) dissemination of accurate, up-to-date flood risk
information remains a primary goal of the National Flood
Insurance Program and such information should be disseminated
as soon as such information is collected and available; and
(8) communities should be required to make their residents
aware of updated flood-risk data while communities are
assessing and incorporating updated flood-risk data into long-
term community planning.
SEC. 3. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Program Extension.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2008'' and inserting ``September 30, 2010''.
(b) Financing.--Section 1309(a) of such Act (42 U.S.C. 4016(a)) is
amended by striking ``September 30, 2008'' and inserting ``September
30, 2010''.
(c) Extension of Pilot Program for Mitigation of Severe Repetitive
Loss Properties.--Section 1361A of the National Flood Insurance Act of
1968 (42 U.S.C. 4102a) is amended--
(1) in subsection (k)(1), by striking ``2005, 2006, 2007,
2008, and 2009'' and inserting ``2010''; and
(2) by striking subsection (l).
SEC. 4. CONSIDERATION OF CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT
OF FLOOD PROTECTION SYSTEMS IN DETERMINATION OF FLOOD
INSURANCE RATES.
(a) In General.--Section 1307 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4014) is amended--
(1) in subsection (e)--
(A) in the first sentence, by striking
``construction of a flood protection system'' and
inserting ``construction, reconstruction, or
improvement of a flood protection system (without
respect to the level of Federal investment or
participation)''; and
(B) in the second sentence--
(i) by striking ``construction of a flood
protection system'' and inserting
``construction, reconstruction, or improvement
of a flood protection system''; and
(ii) by inserting ``based on the present
value of the completed system'' after ``has
been expended''; and
(2) in subsection (f)--
(A) in the first sentence in the matter preceding
paragraph (1), by inserting ``(without respect to the
level of Federal investment or participation)'' before
the period at the end;
(B) in the third sentence in the matter preceding
paragraph (1), by inserting ``, whether coastal or
riverine,'' after ``special flood hazard''; and
(C) in paragraph (1), by striking ``a Federal
agency in consultation with the local project sponsor''
and inserting ``the entity or entities that own,
operate, maintain, or repair such system''.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall promulgate regulations to carry out the
amendments made by subsection (a). Section 5 may not be construed to
annul, alter, affect, authorize any waiver of, or establish any
exception to, the requirement under the preceding sentence.
(c) Implementation.--The Administrator of the Federal Emergency
Management Agency shall implement this section and the amendments made
by this section in a manner that will not materially weaken the
financial position of the national flood insurance program or increase
the risk of financial liability to Federal taxpayers.
SEC. 5. AUTHORITY TO ESTABLISH PREMIUM RATES BY NOTICE.
Subsection (a) of section 1308 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015(a)) is amended, in the matter preceding
paragraph (1), by inserting ``or notice'' after ``prescribe by
regulation''.
SEC. 6. 3-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE
REQUIREMENT FOR NEW FLOOD HAZARD AREAS.
(a) In General.--Section 102 of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following
new subsection:
``(i) Delayed Effective Date of Mandatory Purchase Requirement for
New Flood Hazard Areas.--
``(1) In general.--In the case of any area that was not
previously designated as an area having special flood hazards
and that, pursuant to any issuance, revision, updating, or
other change in flood insurance maps that takes effect on or
after September 1, 2008, becomes designated as an area having
special flood hazards, if each State and local government
having jurisdiction over any portion of the geographic area has
complied with paragraph (2), such designation shall not take
effect for purposes of subsection (a), (b), or (e) of this
section, or section 202(a) of this Act, until the expiration of
the 3-year period beginning upon the date that such maps, as
issued, revised, update, or otherwise changed, become
effective.
``(2) Notice requirements.--A State or local government
shall be considered to have complied with this paragraph with
respect to any geographic area described in paragraph (1) only
if the State or local government has, before the effective date
of the issued, revised, updated, or changed maps, and in
accordance with such standards as shall be established by the
Director--
``(A) developed an evacuation plan to be
implemented in the event of flooding in such portion of
the geographic area; and
``(B) developed and implemented an outreach and
communication plan to advise occupants in such portion
of the geographic area of potential flood risks, the
opportunity to purchase flood insurance, and the
consequences of failure to purchase flood insurance.
``(3) Rule of construction.--Nothing in paragraph (1) may
be construed to affect the applicability of a designation of
any area as an area having special flood hazards for purposes
of the availability of flood insurance coverage, criteria for
land management and use, notification of flood hazards,
eligibility for mitigation assistance, or any other purpose or
provision not specifically referred to in paragraph (1).''.
(b) Conforming Amendment.--The second sentence of subsection (h) of
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101(h)) is amended by striking ``Such'' and inserting ``Except for
notice regarding a change described in section 102(i)(1) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''.
(c) No Refunds.--Nothing in this section or the amendments made by
this section may be construed to authorize or require any payment or
refund for flood insurance coverage purchased for any property that
covered any period during which such coverage is not required for the
property pursuant to the applicability of the amendment made by
subsection (a).
SEC. 7. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY PURCHASE
REQUIREMENT APPLICABILITY AND RATE PHASE-INS.
Section 201 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4105) is amended by adding at the end the following new subsection:
``(f) Annual Notification.--The Director, in consultation with
affected communities, shall establish and carry out a plan to notify
residents of areas having special flood hazards, on an annual basis--
``(1) that they reside in such an area;
``(2) of the geographical boundaries of such area;
``(3) of the provisions of section 102 requiring purchase
of flood insurance coverage for properties located in such an
area, including the date on which such provisions apply with
respect to such area, taking into consideration section 102(i);
and
``(4) of a general estimate of what similar homeowners in
similar areas typically pay for flood insurance coverage.''. | Stable Flood Insurance Authorization Act of 2010 - Amends the National Flood Insurance Act of 1968 to extend through FY2010 both the National Flood Insurance Program and the Pilot Program for Mitigation of Severe Repetitive Loss Properties.
Repeals the September 30, 2009, termination date for, and thus makes permanent, the authority of the Administrator of the Federal Emergency Management Agency (FEMA) to provide assistance to any state or community.
Extends eligibility for flood insurance at specified maximum premium rates to any community that has made adequate progress on construction (as under current law), reconstruction, or improvement of a flood protection system which will afford flood protection for the one-hundred year frequency flood (without respect to the level of federal investment or participation).
Revises the requirement that a revised Flood Insurance Rate Map be prepared for the community to delineate as Zone AR the areas of special flood hazard that result from the disaccreditation of the flood protection system. Specifies that the areas of special flood hazard may be either coastal or riverine.
Revises the requirement that a community will be considered to be in the process of restoration if its flood protection system has been deemed restorable by a federal agency in consultation with the local project sponsor. Replaces a federal agency as the deeming authority with the entity or entities that own, operate, maintain, or repair the system.
Directs the Administrator to implement this Act so as not to materially weaken the financial position of the national flood insurance program, or increase the risk of financial liability to federal taxpayers.
Authorizes the Administrator to establish floor insurance premium rates, and related terms and conditions, by notice.
Amends the Flood Disaster Protection Act of 1973 to delay the effective date of the mandatory purchase requirement for newly designated special flood hazard areas until expiration of the three-year period beginning upon the date that certain flood insurance maps are either issued, revised, or updated.
Requires the Administrator to notify residents of special flood hazard areas annually that: (1) they reside in such an area; and (2) it is mandatory to purchase flood insurance coverage for their properties. Requires such notice to contain a general estimate of what similar homeowners in similar areas typically pay for such coverage. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reasonable Expectation of American
Privacy Act of 2013'' or the ``REAP Act of 2013''.
SEC. 2. INCREASED PROTECTIONS RELATING TO VOLUNTARY DISCLOSURE OF
PASSWORD INFORMATION.
Section 2702 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (b) or (c)'' and inserting
``subsection (b), (c), or (d)'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3)--
(i) by inserting after ``(not including the
contents of communications covered by paragraph
(1) or (2)'' the following: ``, or the password
information covered by paragraph (4)''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by inserting after paragraph (3) the following:
``(4) a person or entity providing an electronic
communication service or a remote computing service to the
public shall not knowingly divulge to any person or entity the
password information pertaining to a subscriber or customer of
such service.'';
(2) in subsection (c), by inserting after ``(not including
the contents of communications covered by subsection (a)(1) or
(2)'' the following: ``, or the password information covered by
subsection (a)(4)'';
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting after subsection (c) the following:
``(d) Exceptions for Disclosure of Password Information.--A
provider described in subsection (a) may divulge the password
information pertaining to a subscriber or customer of such service--
``(1) as otherwise authorized in 2703 of this title;
``(2) with the lawful consent of the subscriber or
customer;
``(3) as may be necessarily incident to the rendition of
the service or to the protection of the rights or property of
the provider of that service;
``(4) to the National Center for Missing and Exploited
Children, in connection with a report submitted thereto under
section 2258A; or
``(5) to a governmental entity, if the provider, in good
faith, believes that an emergency involving danger of death or
serious physical injury to any person requires disclosure
without delay of password information relating to the
emergency.''; and
(5) in subsection (e), as so redesignated, by inserting
after ``subsection (b)(8)'' each place it appears, the
following: ``or (d)(5)''.
SEC. 3. INCREASED PROTECTIONS RELATING TO REQUIRED DISCLOSURE OF
CUSTOMER COMMUNICATIONS AND PASSWORD INFORMATION.
(a) In General.--Section 2703 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting after ``A
governmental entity may require the disclosure by a
provider of electronic communication service'' the
following: ``or remote computing service'';
(B) by striking ``in an electronic communications
system for one hundred and eighty days or less''; and
(C) by striking the second sentence;
(2) by amending subsection (b) to read as follows:
``(b) Password Information.--A governmental entity may require a
provider of electronic communication service or remote computing
service to disclose the password information pertaining to a subscriber
or customer of such service only pursuant to a warrant issued using the
procedures described in the Federal Rules of Criminal Procedure (or in
the case of a State court, issued using State warrant procedures) by a
court of competent jurisdiction.'';
(3) in subsection (c)(1), by inserting after ``(not
including the contents of communications'' the following: ``or
the password information pertaining to a subscriber or customer
of such service''; and
(4) in subsection (d), by striking ``subsection (b) or
(c)'' and inserting ``subsection (c)''.
(b) Conforming Amendments.--Chapter 121 of title 18, United States
Code, is amended--
(1) in section 2701(c)(3), by striking ``, 2704,'';
(2) by repealing sections 2704 and 2705; and
(3) in section 2706, by striking ``section 2702, 2703, or
2704'' and inserting ``section 2702 or 2703''.
SEC. 4. PASSWORD INFORMATION EXCLUDED FROM TRANSACTIONAL RECORDS
AVAILABLE PURSUANT TO A COUNTERINTELLIGENCE REQUEST.
Section 2709 of title 18, United States Code, is amended by
inserting after subsection (f), the following:
``(g) Password Information.--A request made pursuant to subsection
(b) for electronic communication transactional records may not include
a request for the password information pertaining to a subscriber or
customer of a provider of electronic communication service or remote
computing service.''.
SEC. 5. PASSWORD INFORMATION EXCLUDED FROM TANGIBLE THINGS REQUIRED TO
BE PRODUCED THROUGH A FISA COURT ORDER.
Section 501(a)(1) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861(a)(1)) is amended by inserting after ``tangible
things (including books, records, papers, documents, and other items''
the following: ``, but not including password information pertaining to
a customer or subscriber of a provider of electronic communication
service or remote computing service (as such terms are defined in
section 2510 and 2711 of title 18, United States Code, respectively)''. | Reasonable Expectation of American Privacy Act of 2013 or the REAP Act of 2013 - Amends the Electronic Communications Privacy Act of 1986 to prohibit a provider of electronic communication service or remote computing service to the public from knowingly divulging subscriber or customer password information to any person or entity. Provides exceptions from such prohibition to authorize such providers to disclose password information if it is: required by the government pursuant to a warrant; divulged with the customer's consent; incident to the rendition of the service or to the protection of the rights or property of the service provider; provided to the National Center for Missing and Exploited Children; or divulged to the government if the provider believes that an emergency involving danger of death or serious physical injury requires disclosure without delay of password information relating to the emergency. Revises procedures under which the government may require such providers to disclose the contents of wire or electronic communications. Eliminates the different requirements applicable under current law depending on whether such communications were: (1) stored for fewer than, or more than, 180 days by an electronic communication service; or (2) held by an electronic communication service or a remote computing service. Requires the government to obtain a warrant from a court to require such providers to disclose the content of such communications with the same standards applying regardless of how long the communication has been held in electronic storage by an electronic communication service or whether the information is sought from an electronic communication service or a remote computing service. (Currently, when such communications have been stored for more than 180 days by an electronic communication service, or for any period of time by a remote computing service, the government may obtain the contents without required notice to the customer or subscriber when using a warrant; with prior notice or delayed notice using an administative, grand jury, or trial subpoena; or with prior notice or delayed notice under a court order when there are reasonable grounds to believe the contents are relevant and material to an ongoing criminal investigation.) Permits the government to require the disclosure of customer or subscriber password information under similar warrant procedures. Prohibits password information from being included in a request by the Federal Bureau of Investigation (FBI) for subscriber information, toll billing information, or electronic communication transactional records for counterintelligence purposes. Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to exclude password information from the categories of tangible things (commonly referred to as business records) that the FBI may request in an application to a FISA court for a production order in an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sportsmen's Conservation and Outdoor
Recreation Enhancement Act''.
SEC. 2. SENSE OF CONGRESS REGARDING NATIONAL FISH HABITAT INITIATIVE.
It is the sense of Congress that--
(1) the mission of the National Fish Habitat Initiative is
to protect, restore, and enhance the Nation's fish populations
through partnerships that foster fish habitat conservation and
improve the quality of life for the American people;
(2) the national network of Fish Habitat Partnerships
established under the National Fish Habitat Initiative--
(A) promotes intact and healthy fish habitats;
(B) encourages community-based projects with a goal
of ensuring a broad diversity of fish and fish
populations; and
(C) supports the economic significance of fish
habitat resources and the recreational, subsistence,
and commercial fishing linked to these resources in the
United States; and
(3) the enactment by Congress of implementing legislation
for the National Fish Habitat Initiative would ensure continued
Federal support for the ongoing activities of the National Fish
Habitat Partnerships.
SEC. 3. FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(1) (43 U.S.C. 2302(1)), by striking
``cultural, or'' and inserting ``cultural, recreational access
and use, or other'';
(2) in section 203(2) in the matter preceding subparagraph
(A), by striking ``on the date of enactment of this Act was''
and inserting ``is'';
(3) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``section 206''
and all that follows through the period and inserting
the following: ``section 206--
``(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land identified
for disposal under approved land use plans under section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712);
``(2) not later than 180 days after the date of the
enactment of the Federal Land Transaction Facilitation Act
Reauthorization of 2015, to establish and make available to the
public, on the website of the Department of the Interior, a
database containing a comprehensive list of all the land
referred to in paragraph (1); and
``(3) to maintain the database referred to in paragraph
(2).''; and
(B) in subsection (d), by striking ``11'' and
inserting ``22'';
(4) in section 206(c)(2) (43 U.S.C. 2305(c)(2)), by adding
at the end the following:
``(E) Any funds made available under subparagraph
(D) that are not obligated or expended by the end of
the fourth full fiscal year after the date of the sale
or exchange of land that generated the funds may be
expended in any State.'';
(5) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
(A) by inserting after subparagraph (A) the
following:
``(B) the extent to which the acquisition of the
land or interest therein will increase the public
availability of resources for, and facilitate public
access to, hunting, fishing, and other recreational
activities;''; and
(B) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (C), (D), and (E);
(6) in section 206(f) (43 U.S.C. 2305(f)), by amending
paragraph (2) to read as follows:
``(2) any remaining balance in the account shall be
deposited in the Treasury and used for deficit reduction,
except that in the case of a fiscal year for which there is no
Federal budget deficit, such amounts shall be used to reduce
the Federal debt (in such manner as the Secretary of the
Treasury considers appropriate).''; and
(7) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting
``96-586''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;''
before ``112 Stat.''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION.
Section 7(c) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)) is amended by striking ``not to exceed--'' and all that
follows through paragraph (5) and inserting ``not to exceed $50,000,000
for each of fiscal years 2016 through 2020.''.
SEC. 5. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT
REAUTHORIZATION.
(a) Board of Directors of the Foundation.--
(1) In general.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is
amended--
(A) in subsection (b)--
(i) by striking paragraph (2) and inserting
the following:
``(2) In general.--After consulting with the Secretary of
Commerce and considering the recommendations submitted by the
Board, the Secretary of the Interior shall appoint 28 Directors
who, to the maximum extent practicable, shall--
``(A) be knowledgeable and experienced in matters
relating to the conservation of fish, wildlife, or
other natural resources; and
``(B) represent a balance of expertise in ocean,
coastal, freshwater, and terrestrial resource
conservation.''; and
(ii) by striking paragraph (3) and
inserting the following:
``(3) Terms.--Each Director (other than a Director
described in paragraph (1)) shall be appointed for a term of 6
years.''; and
(B) in subsection (g)(2)--
(i) in subparagraph (A), by striking ``(A)
Officers and employees may not be appointed
until the Foundation has sufficient funds to
pay them for their service. Officers'' and
inserting the following:
``(A) In general.--Officers''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Executive director.--The Foundation shall
have an Executive Director who shall be--
``(i) appointed by, and serve at the
direction of, the Board as the chief executive
officer of the Foundation; and
``(ii) knowledgeable and experienced in
matters relating to fish and wildlife
conservation.''.
(2) Conforming amendment.--Section 4(a)(1)(B) of the North
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is
amended by striking ``Secretary of the Board'' and inserting
``Executive Director of the Board''.
(b) Rights and Obligations of the Foundation.--Section 4 of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703) is amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its
purposes under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described
in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and
indenting appropriately;
(C) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``that are insured by an
agency or instrumentality of the United States'' and
inserting ``at 1 or more financial institutions that
are members of the Federal Deposit Insurance
Corporation or the Securities Investment Protection
Corporation'';
(D) in subparagraph (E) (as redesignated by
subparagraph (B)), by striking ``paragraph (3) or (4)''
and inserting ``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by
subparagraph (B)), by striking ``; and'' and inserting
a semicolon;
(F) by striking subparagraph (K) (as redesignated
by subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and
community service payments, amounts for mitigation of
impacts to natural resources, and other amounts arising
from legal, regulatory, or administrative proceedings,
subject to the condition that the amounts are received
or administered for purposes that further the
conservation and management of fish, wildlife, plants,
and other natural resources; and
``(L) to do acts necessary to carry out the
purposes of the Foundation.''; and
(G) by striking the undesignated matter at the end
and inserting the following:
``(2) Treatment of real property.--
``(A) In general.--For purposes of this Act, an
interest in real property shall be treated as including
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.
``(B) Encumbered real property.--A gift, devise, or
bequest may be accepted by the Foundation even though
the gift, devise, or bequest is encumbered, restricted,
or subject to beneficial interests of private persons
if any current or future interest in the gift, devise,
or bequest is for the benefit of the Foundation.
``(3) Savings clause.--The acceptance and administration of
amounts by the Foundation under paragraph (1)(K) does not
alter, supersede, or limit any regulatory or statutory
requirement associated with those amounts.'';
(2) by striking subsections (f) and (g); and
(3) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
(c) Authorization of Appropriations.--Section 10 of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is
amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2016 through
2020--
``(A) $15,000,000 to the Secretary of the Interior;
``(B) $5,000,000 to the Secretary of Agriculture;
and
``(C) $5,000,000 to the Secretary of Commerce.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Amounts from federal agencies.--
``(A) In general.--In addition to the amounts
authorized to be appropriated under subsection (a),
Federal departments, agencies, or instrumentalities may
provide Federal funds to the Foundation, subject to the
condition that the amounts are used for purposes that
further the conservation and management of fish,
wildlife, plants, and other natural resources in
accordance with this Act.
``(B) Advances.--Federal departments, agencies, or
instrumentalities may advance amounts described in
subparagraph (A) to the Foundation in a lump sum
without regard to when the expenses for which the
amounts are used are incurred.
``(C) Management fees.--The Foundation may assess
and collect fees for the management of amounts received
under this paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``funds'' and inserting ``amounts'';
(ii) by striking ``shall be used'' and
inserting ``may be used''; and
(iii) by striking ``and State and local
government agencies'' and inserting ``, State
and local government agencies, and other
entities''; and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(A) In general.--In entering into contracts,
agreements, or other partnerships pursuant to this Act,
a Federal department, agency, or instrumentality shall
have discretion to waive any competitive process
applicable to the department, agency, or
instrumentality for entering into contracts,
agreements, or partnerships with the Foundation if the
purpose of the waiver is--
``(i) to address an environmental emergency
resulting from a natural or other disaster; or
``(ii) as determined by the head of the
applicable Federal department, agency, or
instrumentality, to reduce administrative
expenses and expedite the conservation and
management of fish, wildlife, plants, and other
natural resources.
``(B) Reports.--The Foundation shall include in the
annual report submitted under section 7(b) a
description of any use of the authority under
subparagraph (A) by a Federal department, agency, or
instrumentality in that fiscal year.''; and
(3) by adding at the end the following:
``(d) Use of Gifts, Devises, or Bequests of Money or Other
Property.--Any gifts, devises, or bequests of amounts or other
property, or any other amounts or other property, transferred to,
deposited with, or otherwise in the possession of the Foundation
pursuant to this Act, may be made available by the Foundation to
Federal departments, agencies, or instrumentalities and may be accepted
and expended (or the disposition of the amounts or property directed),
without further appropriation, by those Federal departments, agencies,
or instrumentalities, subject to the condition that the amounts or
property be used for purposes that further the conservation and
management of fish, wildlife, plants, and other natural resources.''.
(d) Limitation on Authority.--Section 11 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by
inserting ``exclusive'' before ``authority''.
SEC. 6. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT REAUTHORIZATION.
The Neotropical Migratory Bird Conservation Act is amended--
(1) in section 9(c)(2) (16 U.S.C. 6108(c)(2)), by striking
``3'' and inserting ``4''; and
(2) by amending section 10 (16 U.S.C. 6109) to read as
follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this Act $6,500,000 for each of fiscal years 2016 through 2020.
``(b) Use of Funds.--Of the amounts made available under subsection
(a) for each fiscal year, not less than 75 percent shall be expended
for projects carried out at a location outside of the United States.''.
SEC. 7. PARTNERS FOR FISH AND WILDLIFE PROGRAM ACT REAUTHORIZATION.
Section 5 of the Partners for Fish and Wildlife Act (16 U.S.C.
3774) is amended by striking ``2011'' and inserting ``2020''.
SEC. 8. MAKING PUBLIC LANDS PUBLIC.
(a) Availability of Funds.--Section 200303 of title 54, United
States Code, is amended to read as follows:
``Sec. 200303. Availability of funds for certain projects
``Notwithstanding any other provision of this Act, the Secretary
and the Secretary of Agriculture shall ensure that, of the amounts
appropriated for the fund for each fiscal year, not less than the
greater of 1.5 percent of the amounts or $10,000,000 shall be made
available for projects that secure public access to Federal land for
hunting, fishing, and other recreational purposes through easements,
rights-of-way, or fee title acquisitions from willing sellers.''.
(b) Conforming Amendments.--
(1) Availability of deposits.--Section 200302(c)(3) of
title 54, United States Code, is amended by striking
``Notwithstanding section 200303 of this title, money'' and
inserting ``Money''.
(2) Contracts for acquisition of land and water.--Section
200308 of title 54, United States Code, is amended in the first
sentence, by striking ``by section 200303 of this title''.
(3) Contracts for options to acquire land and water in
system.--Section 200309 of title 54, United States Code, is
amended in the third sentence by striking ``by section 200303
of this title''. | Sportsmen's Conservation and Outdoor Recreation Enhancement Act This bill reauthorizes several programs supporting the conservation of wildlife habitat. The bill amends the Federal Land Transaction Facilitation Act by extending until July 25, 2022, the Department of the Interior's authority to sell certain public land and use the proceeds from those sales for acquiring land located within or adjacent to federal lands. When prioritizing the acquisition of inholdings (private land that is surrounded by public land) and nonfederal lands with exceptional resources, Interior and the Department of Agriculture (USDA) must consider the extent to which an acquisition of land would increase the public availability of resources for, and the public's access to, hunting, fishing, and other recreational activities. The bill also removes from the scope of the Act land that is eligible for sale under specified public land laws. The bill reauthorizes through FY2020 the North American Wetlands Conservation Act and the Partners for Fish and Wildlife Act. The bill reauthorizes through FY2020 and revises the National Fish and Wildlife Foundation Establishment Act and the Neotropical Migratory Bird Conservation Act. Interior and USDA must ensure that specified amounts from the Land and Water Conservation Fund are made available each year for securing public access to federal land for hunting, fishing, and other recreational purposes through land transactions. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Discriminatory State Taxes for
Automobile Renters Act of 2015''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Congress has prohibited economic protectionism by State
and local governments that unduly burden or discriminate
against interstate commerce and transportation under the
authority granted by the Commerce Clause of the Constitution by
enacting laws such as the Railroad Revitalization and
Regulatory Reform Act of 1976, the Motor Carrier Act of 1980,
the Bus Regulatory Reform Act of 1982, and the Airport and
Airway Improvement Act of 1982.
(2) In Gibbons v. Ogden, (22 U.S. 1 (1824)), a case
challenging the exclusive right of navigating the waters of New
York granted by that State, the Supreme Court affirmed that it
is the sole right of Congress to regulate commerce between the
States under what Chief Justice John Marshall recognized as the
dormant Commerce Clause.
(3) Since 1990, over 100 discriminatory taxes have been
imposed by State and local governments on motor vehicle rentals
in violation of the dormant Commerce Clause.
(b) Purpose.--The purpose of this Act is to prohibit prospectively,
and provide a remedy for, tax discrimination by a State or Locality
against the rental of motor vehicles.
SEC. 3. PROHIBITION ON DISCRIMINATION.
(a) In General.--Chapter 805 of title 49, United States Code, is
amended by adding at the end the following new section:
``SEC. 80505. TAX DISCRIMINATION AGAINST MOTOR VEHICLE RENTAL PROPERTY.
``(a) Definitions.--In this section:
``(1) Assessment and assessment jurisdiction.--
``(A) Assessment.--The term `assessment' has the
meaning given that term in section 11501(a)(1).
``(B) Assessment jurisdiction.--The term
`assessment jurisdiction' has the meaning given that
term in section 11501(a)(2).
``(2) Commercial and industrial property.--The term
`commercial and industrial property' means property, other than
motor vehicle rental property and land used primarily for
agricultural purposes or timber growing, which is devoted to a
commercial or industrial use.
``(3) Commercial and industrial taxpayers.--The term `other
commercial and industrial taxpayers' means persons or entities
who are engaged in a trade or business, other than the trade or
business of renting motor vehicles, within a State or Locality.
``(4) Covered person.--The term `covered person' means a
person who--
``(A) rents motor vehicles to another person;
``(B) is engaged in the business of renting motor
vehicles;
``(C) owns motor vehicle rental property;
``(D) rents a motor vehicle from another person; or
``(E) purchases motor vehicle rental property.
``(5) Discriminatory tax.--The term `discriminatory tax'
includes the following:
``(A) A tax discriminates against the rental of
motor vehicles if a State or Locality imposes the tax
on, or with respect to--
``(i) the rental of motor vehicles but the
tax is not a generally applicable tax on, or
with respect to, more than 51 percent of the
rentals of other tangible personal property
within the State or Locality; or
``(ii) the rental of motor vehicles at a
tax rate that exceeds the generally applicable
tax rate on at least 51 percent of the rentals
of other tangible personal property within the
same State or Locality.
``(B) A tax discriminates against the business of
renting motor vehicles if a State or Locality imposes
the tax on, or with respect to--
``(i) the business of renting motor
vehicles but the tax is not a generally
applicable tax on, or with respect to, more
than 51 percent of the businesses of other
commercial and industrial taxpayers within the
State or Locality, on the same tax base as the
State or Locality employs with respect to the
business of renting motor vehicles; or
``(ii) the business of renting motor
vehicles at a tax rate that exceeds the
generally applicable tax rate on at least 51
percent of the business of commercial and
industrial taxpayers within the State or Local
jurisdiction.
``(C) A tax discriminates against motor vehicle
rental property if a State or Locality--
``(i) assesses motor vehicle rental
property at a value that has a higher ratio to
the true market value of the property than the
ratio of the assessed value to the true market
value applicable to commercial and industrial
property in the same assessment jurisdiction;
``(ii) levies or collects a tax on an
assessment that may not be made under clause
(i); or
``(iii) levies or collects an ad valorem
property tax on motor vehicle rental property
at a generally applicable tax rate that exceeds
the tax rate applicable to commercial and
industrial property in the same assessment
jurisdiction.
``(6) Local or locality.--The terms `Local' and `Locality'
mean a political subdivision of any State, or any governmental
entity or person acting on behalf of such Locality, with the
authority to impose, levy, or collect taxes.
``(7) Motor vehicle.--The term `motor vehicle' has the
meaning given that term in section 13102(16).
``(8) Motor vehicle rental property.--The term `motor
vehicle rental property' means property owned or used by a
person engaged in the business of renting motor vehicles and
used to provide rentals of motor vehicles.
``(9) Rental of motor vehicles.--The term `rental of motor
vehicles' means the rental of a motor vehicle that is given by
the owner of the motor vehicle for exclusive use to another for
not longer than 180 days for valuable consideration and only
includes the rental of motor vehicles with a prearranged driver
or motor vehicles without a driver, but shall not include taxi
cab service as defined by section 13102(22).
``(10) Rentals of other tangible personal property.--The
term `rentals of other tangible personal property' means any
rental of tangible personal property, other than the rental of
motor vehicles.
``(11) State.--The term `State' means any of the several
States, the District of Columbia, or any territory or
possession of the United States, or any governmental entity or
person acting on behalf of such State, and with the authority
to impose, levy, or collect taxes.
``(12) Tax.--Except as otherwise specifically provided
below, the term `tax' means any type of charge required by
statute, regulation, or agreement to be paid or furnished to a
State or Locality, regardless of whether such charge is
denominated as a tax, a fee, or any other type of exaction. The
term `tax' does not include any charge imposed by a State or
Locality with respect to a concession agreement at a Federally
assisted airport (provided the agreement does not violate the
revenue diversion provisions of section 47107(b), or the
registration, licensing, or inspection of motor vehicles), if
the charge is imposed generally with respect to motor vehicles,
without regard to whether such vehicles are used in the
business of renting motor vehicles within the State or
Locality.
``(13) Tax base.--The term `tax base' means the receipts,
income, value, weight, or other measure of a tax to which the
rate is applied. The `tax base' of a tax imposed on a per unit
basis is the unit.
``(14) Generally applicable tax.--The term `generally
applicable tax' may be determined by--
``(A) the gross receipts of rentals of other
tangible personal property or other commercial and
industrial taxpayers within the State or Locality to
which the tax is imposed by the State or Locality
compared to the gross receipts of rentals of other
tangible personal property or other commercial and
industrial taxpayers within the State or Locality; or
``(B) another method used to determine whether more
than 51 percent of rentals of other tangible personal
property or other commercial and industrial taxpayers
is subject to the tax.
``(b) Unreasonable Burdens and Discrimination Against Interstate
Commerce.--
``(1) In general.--The following acts unreasonably burden
and discriminate against interstate commerce, and a State or
Locality may not do any of them:
``(A) Levy or collect a discriminatory tax on the
rental of motor vehicles.
``(B) Levy or collect a discriminatory tax on the
business of renting motor vehicles.
``(C) Levy or collect a discriminatory tax on motor
vehicle rental property.
``(2) Exclusion.--Discriminatory taxes are not prohibited
under this section if the tax is imposed as of the date of the
enactment of this section, does not lapse, the tax rate does
not increase, and the tax base for such tax does not change.
``(c) Remedies.--
``(1) In general.--Notwithstanding section 1341 of title
28, a covered person aggrieved of a violation of subsection (b)
may bring a civil action in a district court of the United
States seeking damages, injunctive relief, other legal or
equitable relief, or declaratory relief.
``(2) Relief.--In granting relief against a tax levied or
collected in violation of subsection (b), if the tax is a
discriminatory tax the court shall strike only the
discriminatory or excessive portion of the tax.
``(3) Burden of proof.--
``(A) In general.--Except as provided in
subparagraph (B), a covered person shall have the
burden of proving, by a preponderance of the evidence,
that the levying or collecting of a tax violates
subsection (b).
``(B) Equivalent of other taxes.--If the court
determines that the levying or collecting of a tax
violates subsection (b), the State or Locality shall
have the burden of proving, by a preponderance of the
evidence, that the tax is the equivalent of a tax
imposed on other commercial and industrial taxpayers
under paragraph (2).
``(4) Other remedies.--Nothing in this subsection shall
limit any cause of action or remedy available under any other
provision of Federal or State law.
``(d) Limitations.--This section shall not be construed to
constitute the consent of Congress to State or Local taxation that
would be prohibited in the absence of this section.''.
(b) Clerical Amendment.--The table of sections for chapter 805 of
title 49, United States Code, is amended by inserting after the item
relating to section 80504 the following:
``80505. Rules relating to State taxation with respect to automobile
rentals.''. | End Discriminatory State Taxes for Automobile Renters Act of 2015 This bill prohibits a state or local government from levying or collecting a discriminatory tax on the rental of motor vehicles, the business of renting motor vehicles, or motor vehicle rental property. A tax is discriminatory if it is not a generally applicable tax and is only applicable to the rental of motor vehicles, a motor vehicle business, or motor vehicle rental property, but not to the majority of other rentals of tangible personal property within a state or locality. This prohibition does not apply to an already existing tax if such tax does not lapse, the tax rate does not increase, and the tax base for such tax does not change. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Furlough Protection Act of 1995''.
SEC. 2. CONTINUANCE OF CIVILIAN PAY DURING PERIODS OF LAPSED
APPROPRIATIONS.
(a) Continuance of Pay.--Subchapter III of chapter 55 of title 5,
United States Code, is amended by redesignating section 5527 as section
5528 and inserting after section 5526 the following:
``Sec. 5527. Continuance of pay during periods of lapsed appropriations
``(a) For purposes of this section--
``(1) the term `period of lapsed appropriations', when used
with respect to an employee, means any period during which
appropriations are not available due to the absence of the
timely enactment of any Act or joint resolution appropriating
funds for the employing agency of the employee;
``(2) the term `employee' means an individual employed (or
holding office) in or under an agency;
``(3) the term `agency' means--
``(A) an Executive agency;
``(B) the judicial branch;
``(C) the Library of Congress;
``(D) the Government Printing Office;
``(E) the legislative branch (excluding any agency
otherwise referred to in this paragraph); and
``(F) the government of the District of Columbia;
``(4) the term `pay' means--
``(A) basic pay;
``(B) premium pay;
``(C) agency contributions for retirement and life
and health insurance; and
``(D) any other element of aggregate compensation,
including allowances, differentials, bonuses, awards,
and other similar cash payments; and
``(5) the term `furlough' means the placing of an employee
in a temporary status without duties and pay because of lack of
work or funds or other nondisciplinary reasons.
``(b) For any period of lapsed appropriations, there are
appropriated, out of any moneys in the Treasury not otherwise
appropriated, such sums as may be necessary for the pay of any employee
who--
``(1) performs service as an employee during the period of
lapsed appropriations; or
``(2) is prevented from serving during such period by
reason of having been furloughed due to a lapse in
appropriations.
``(c)(1) Notwithstanding section 1341 of title 31, any employee who
is furloughed due to a lapse in appropriations shall be paid for the
period during which such employee is so furloughed.
``(2) For purposes of paragraph (1), the pay payable to an employee
for any period during which such employee is furloughed shall be the
pay that would have been payable to such employee for such period had
such employee not been furloughed.
``(d) For purposes of carrying out section 5528 with respect to
this section, any reference in section 5528(b) to an agency outside the
executive branch shall be construed based on the definition of `agency'
under subsection (a).
``(e) Expenditures made for any fiscal year pursuant to this
section shall be charged to the applicable appropriation, fund, or
authorization whenever the regular appropriation bill becomes law.
``(f) This section shall take effect on October 1, 1995, and shall
terminate on September 30, 1996.''.
(b) Technical and Conforming Amendments.--(1) The heading for
subchapter III of chapter 55 of title 5, United States Code, is amended
by striking ``AND ASSIGNMENT'' and inserting ``ASSIGNMENT, AND
CONTINUANCE''.
(2) The table of sections at the beginning of chapter 55 of title
5, United States Code, is amended by striking the item relating to
section 5527 and inserting the following:
``5527. Continuance of pay during periods of lapsed appropriations.
``5528. Regulations.''.
(3) The table of sections at the beginning of chapter 55 of title
5, United States Code, is further amended by striking ``AND
ASSIGNMENT'' in the item relating to subchapter III and inserting
``ASSIGNMENT, AND CONTINUANCE''.
SEC. 3. CONTINUANCE OF MILITARY PAY DURING PERIODS OF LAPSED
APPROPRIATIONS.
(a) Continuance of Pay.--Chapter 19 of title 37, United States
Code, is amended by adding at the end the following:
``Sec. 1015. Continuance of pay during periods of lapsed appropriations
``(a) For the purposes of this section--
``(1) the term `pay', with respect to a member of a
uniformed service, means the pay and allowances of such member;
and
``(2) the term `period of lapsed appropriations', when used
with respect to any member, means any period during which
appropriations are not available due to the absence of the
timely enactment of any Act or joint resolution appropriating
funds for the uniformed service of that member.
``(b) For any period of lapsed appropriations, there are
appropriated, out of any moneys in the Treasury not otherwise
appropriated, such sums as may be necessary for the pay of any member
serving as a member of a uniformed service during the period of lapsed
appropriations.
``(c) Expenditures made for any fiscal year pursuant to this
section shall be charged to the applicable appropriation, fund, or
authorization whenever the regular appropriation bill becomes law.
``(d) This section shall take effect on October 1, 1995, and shall
terminate on September 30, 1996.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 19 of title 37, United States Code, is amended
by inserting after the item relating to section 1014 the following:
``1015. Continuance of pay during periods of lapsed appropriations.''. | Furlough Protection Act of 1995 - Amends Federal civil service and armed forces law to provide for the temporary continuance of basic civilian and military pay and associated benefits and allowances of Federal and District of Columbia personnel during any period of lapsed appropriations in which they perform service or are furloughed due to the failure to timely enact appropriations legislation for the employee's agency. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Compassion Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Haiti remains severely devastated by the combined
effects of ongoing political turmoil and the aftermath of the
natural disasters of 2004, such as Tropical Storm Jeanne and
Hurricane Ivan.
(2) In Haiti, more than 2,500 people died as a result of
Tropical Storm Jeanne in 2004.
(3) The civil protection agency of Haiti stated that
250,000 people were homeless across the country and at least
4,000 homes were destroyed, with thousands more damaged, as a
result of the storm.
(4) When Tropical Storm Jeanne hit, Haiti was already
struggling to deal with political instability and the aftermath
of serious floods that occurred in May 2004.
(5) More than a year after the abrupt departure of former
President Aristide, the political, security, and social-
economic situation in Haiti remains in crisis, the transitional
government is weak and fighting to maintain credibility, and
there are no clear signs of either political reconciliation or
economic reconstruction.
(6) On Wednesday March 9, 2005, the United Nations Security
Council pressed Haiti's government to crack down on human
rights abuses and free political prisoners to help heal the
country ahead of November elections.
(7) Political oppression and human rights violations are
rife in Haiti while many supporters of the opposition are
unjustly held in prison or experiencing persecution.
(8) On March 11, 2005, the Department of State issued a
travel warning to United States citizens warning them of the
``absence of an effective police force in much of Haiti; the
potential for looting; the presence of intermittent roadblocks
set by armed gangs or by the police; and the possibility of
random violent crime, including kidnapping, carjacking, and
assault.''
(9) The Department of State's Consular Information Sheet
states ``there are no `safe areas' in Haiti.'' As a result,
``United States citizens should avoid travel to Haiti at this
time.''
(10) While current United States policy is to advise its
own citizens not to travel to Haiti, it is unjust to return
Haitian nationals to this type of dangerous situation.
(11) To return a national back to Haiti, where there is
ongoing violence and a devastating environmental situation,
would pose a serious threat to the personal safety of such
individual.
(12) The political, civil, and governmental crisis and
extraordinary and temporary conditions caused by nature and
resulting in floods, epidemics, and other environmental
disasters in Haiti should make Haitian nationals eligible for
temporary protected status.
(13) There is a history of discrimination and mistreatment
of Haitians in the immigration process.
(14) Temporary protected status allows aliens who do not
legally qualify as refugees but are nonetheless fleeing or
reluctant to return to potentially dangerous situations to
temporarily remain in the United States.
(15) Granting temporary protected status to nationals of
Haiti is consistent with the interest of the United States and
promotes the values and morals that have made the United States
strong.
SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS
TO HAITIANS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Haiti shall
be treated as if such country had been designated under
subsection (b) of that section, subject to the provisions of
this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of enactment of this Act
and shall remain in effect for 18 months.
(b) Aliens Eligible.--In applying section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made
under this section, and subject to subsection (c)(3) of such section,
an alien who is a national of Haiti is deemed to meet the requirements
of subsection (c)(1) of such section only if the alien--
(1) is admissible as an immigrant, except as otherwise
provided under subsection (c)(2)(A) of such section, and is not
ineligible for temporary protected status under subsection
(c)(2)(B) of such section; and
(2) registers for temporary protected status in a manner
that the Secretary of Homeland Security shall establish.
(c) Consent to Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3))
to an alien who is granted temporary protected status pursuant to the
designation made under this section, if the alien establishes to the
satisfaction of the Secretary of Homeland Security that emergency and
extenuating circumstances beyond the control of the alien require the
alien to depart for a brief, temporary trip abroad. An alien returning
to the United States in accordance with such an authorization shall be
treated the same as any other returning alien provided temporary
protected status under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a). | Haitian Compassion Act - Requires the Secretary of Homeland Security to designate Haiti as a country whose qualifying nationals may be eligible for temporary protected status.
Provides for: (1) an initial 18-month designation period; and (2) authorization for temporary travel abroad. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year does
not become law prior to the beginning of such fiscal year or a joint
resolution making continuing appropriations is not in effect, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of ninety-five
per centum of the lower of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year, or
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as the
case may be, or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
``(1) Agriculture, rural development, and related agencies
programs.
``(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
``(3) The Department of Defense.
``(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
``(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(6) The Department of Housing and Urban Development, and
sundry independent agencies, boards, commissions, corporations,
and offices.
``(7) Energy and water development.
``(8) Foreign assistance and related programs.
``(9) The Department of the Interior and related agencies.
``(10) Military construction.
``(11) The Department of Transportation and related
agencies.
``(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain independent
agencies.
``(13) The legislative branch.''.
(b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''.
(c) Protection of Other Obligations.--Nothing in the amendments
made by this section shall be construed to affect Government
obligations mandated by other law, including obligations with respect
to Social Security, Medicare, and Medicaid.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to fiscal
years beginning with fiscal year 1998. | Government Shutdown Prevention Act - Amends Federal law to provide for continuing appropriations in the absence of regular appropriations. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Improvement and Immigration
Act of 1997''.
SEC. 2. AMENDMENT OF THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT
RESPONSIBILITY ACT OF 1996.
(a) In General.--Section 110(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is
amended to read as follows:
``(a) System.--
``(1) In general.--Subject to paragraph (2), not later than
2 years after the date of the enactment of this Act, the
Attorney General shall develop an automated entry and exit
control system that will--
``(A) collect a record of departure for every alien
departing the United States and match the record of
departure with the record of the alien's arrival in the
United States; and
``(B) enable the Attorney General to identify,
through on-line searching procedures, lawfully admitted
nonimmigrants who remain in the United States beyond
the period authorized by the Attorney General.
``(2) Exception.--The system under paragraph (1) shall not
collect a record of arrival or departure--
``(A) at a land border of the United States for any
alien;
``(B) for any alien lawfully admitted to the United
States for permanent residence; or
``(C) for any alien for whom the documentary
requirements in section 212(a)(7)(B) of the Immigration
and Nationality Act have been waived by the Attorney
General and the Secretary of State under section
212(d)(4)(B) of the Immigration and Nationality Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-546).
SEC. 3. REPORT.
(a) Requirement.--Not later than two years after the date of
enactment of this Act, the Attorney General shall submit a report to
the Committees on the Judiciary of the Senate and the House of
Representatives on the feasibility of developing and implementing an
automated entry-exit control system that would collect a record of
departure for every alien departing the United States and match the
record of departure with the record of the alien's arrival in the
United States, including departures and arrivals at the land borders of
the United States.
(b) Contents of Report.--Such report shall--
(1) assess the costs and feasibility of various means of
operating such an automated entry-exit control system,
including exploring--
(A) how, if the automated entry-exit control system
were limited to certain aliens arriving at airports,
departure records of those aliens could be collected
when they depart through a land border or seaport; and
(B) the feasibility of the Attorney General, in
consultation with the Secretary of State, negotiating
reciprocal agreements with the governments of
contiguous countries to collect such information on
behalf of the United States and share it in an
acceptable automated format;
(2) consider the various means of developing such a system,
including the use of pilot projects if appropriate, and assess
which means would be most appropriate in which geographical
regions;
(3) evaluate how such a system could be implemented without
increasing border traffic congestion and border crossing delays
and, if any such system would increase border crossing delays,
evaluate to what extent such congestion or delays would
increase; and
(4) estimate the length of time that would be required for
any such system to be developed and implemented.
SEC. 4. INCREASED RESOURCES FOR BORDER CONTROL AND ENFORCEMENT.
(a) Increased Number of INS Inspectors at the Land Borders.--The
Attorney General in each of fiscal years 1998, 1999, and 2000 shall
increase by not less than 300 the number of full-time inspectors
assigned to active duty at the land borders of the United States by the
Immigration and Naturalization Service, above the number of such
positions for which funds were made available for the preceding fiscal
year. Not less than one-half of the inspectors added under the
preceding sentence in each fiscal year shall be assigned to the
northern border of the United States.
(b) Increased Number of Customs Inspectors at the Land Borders.--
The Secretary of the Treasury in each of fiscal years 1998, 1999, and
2000 shall increase by not less than 150 the number of full-time
inspectors assigned to active duty at the land borders of the United
States by the Customs Service, above the number of such positions for
which funds were made available for the preceding fiscal year. Not less
than one-half of the inspectors added under the preceding sentence in
each fiscal year shall be assigned to the northern border of the United
States. | Border Improvement and Immigration Act of 1997 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border crossings; and (2) permanent resident and certain other aliens.
Requires the Attorney General to report on the feasibility of implementing an automated entry-exit control system that would include land border arrivals and departures.
Provides for increased numbers of full-time Immigration and Naturalization and Customs inspectors at U.S. land borders, with at least half of such inspectors to be assigned to the northern border. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securities Investors Privacy
Enhancement Act of 1998''.
SEC. 2. CONFIDENTIAL FINANCIAL INFORMATION OF CUSTOMERS OF BROKERS AND
DEALERS.
Section 15A(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78o-3(b)) is amended by adding at the end the following new paragraph:
``(14) The rules of the association include rules to
require members of the association--
``(A) to protect the confidentiality of financial
information of, and relating to, their customers;
``(B) to inform their customers whenever--
``(i) financial information is being
collected that pertains to such customers; or
``(ii) a member intends (with the approval
of the customer pursuant to subparagraph
(C)(ii)) to offer financial information
pertaining to such customer to any other
person, including an affiliate or agent of such
member; and
``(C) to refrain, and to take measures reasonably
designed to prevent their agents, from using,
disclosing, or permitting access to individually
identifiable financial information pertaining to any
customer except--
``(i) for the provision of the financial
services from which such information is
derived, or services necessary to, or used in,
the provision of such services;
``(ii) upon the affirmative written
request, or with the affirmative written
consent, of the customer to whom the
information pertains; or
``(iii) upon request of the Commission or
as otherwise required by law.''.
SEC. 3. CONFIDENTIAL FINANCIAL INFORMATION OF SHAREHOLDERS OF
INVESTMENT COMPANIES.
Section 38 of the Investment Company Act of 1940 (15 U.S.C. 80a-37)
is amended by adding at the end the following new subsection:
``(d) Privacy of Financial Information.--The Commission, as it
deems necessary or appropriate in the public interest or for the
protection of investors, shall adopt rules or regulations to require
any investment company--
``(1) to protect the confidentiality of financial
information of, and relating to, the beneficial owners of the
outstanding securities of the investment company;
``(2) to inform a beneficial owner of the outstanding
securities of the investment company whenever--
``(A) financial information is being collected that
pertains to such beneficial owner; or
``(B) the investment company intends (with the
approval of the beneficial owner pursuant to paragraph
(3)(B)) to offer financial information pertaining to
such beneficial owner to any other person, including an
affiliate or agent of such investment company; and
``(3) to refrain, and to take measures reasonably designed
to prevent their agents, from using, disclosing, or permitting
access to individually identifiable financial information
pertaining to any such beneficial owner except--
``(A) for the provision of the financial services
from which such information is derived, or services
necessary to, or used in, the provision of such
services;
``(B) upon the affirmative written request, or with
the affirmative written consent, of the beneficial
owner to whom the information pertains; or
``(C) upon request of the Commission or as
otherwise required by law.''.
SEC. 4. CONFIDENTIAL FINANCIAL INFORMATION OF CLIENTS OF INVESTMENT
ADVISERS.
Section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
11) is amended by adding at the end the following new subsection:
``(e) Privacy of Financial Information.--The Commission, as it
deems necessary or appropriate in the public interest or for the
protection of investors, shall adopt rules or regulations to require
any investment adviser--
``(1) to protect the confidentiality of financial
information of, and relating to, the clients of the investment
adviser;
``(2) to inform a client of the investment adviser
whenever--
``(A) financial information is being collected that
pertains to such client; or
``(B) the investment adviser intends (with the
approval of the client pursuant to paragraph (3)(B)) to
offer financial information pertaining to such client
to any other person, including an affiliate or agent of
such investment adviser; and
``(3) to refrain, and to take measures reasonably designed
to prevent their agents, from using, disclosing, or permitting
access to individually identifiable financial information
pertaining to any such client except--
``(A) for the provision of the financial services
from which such information is derived, or services
necessary to, or used in, the provision of such
services;
``(B) upon the affirmative written request, or with
the affirmative written consent, of the client to whom
the information pertains; or
``(C) upon request of the Commission or as
otherwise required by law.''. | Securities Investors Privacy Enhancement Act of 1998 - Amends the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to prescribe guidelines under which registered securities associations, and the Securities and Exchange Commission, shall adopt rules and regulations requiring brokers and dealers to protect the confidentiality of financial information relating to their customers. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oncology Care Quality Improvement
Act of 2009''.
SEC. 2. ONCOLOGY CARE QUALITY IMPROVEMENT PROGRAM.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a pilot
program (in this section referred to as the ``OCQI program'') under
title XVIII of the Social Security Act to evaluate the impact of three
provider-led approaches described in subsection (b) to improve care
quality and outcomes for Medicare beneficiaries with cancer while
addressing care cost drivers by creating greater efficiencies in the
program.
(b) Approaches Described.--The approaches described in this
subsection are the following approaches to the delivery of oncology
care:
(1) Evidence-based guideline adherence.--Reducing variation
in care through adherence to evidence-based guidelines that
improves quality and reduces error.
(2) Patient education and care coordination services.--
Providing patients with--
(A) dedicated educational sessions about the likely
effects of their cancers and treatments and how to
manage those prior to initiation of treatment,
preferably from an oncology nurse; and
(B) continuous support throughout their course of
care.
(3) End-of-life planning and counseling services.--
Providing patients with poor prognoses with end-of-life
planning and counseling services with their physicians and
nurses in order to empower such patients and their families
with the best information available about their options to
assist such patients and families in making difficult choices
between pursuing potentially ineffective aggressive medical
treatments or pursuing hospice care or other palliative care to
improve quality of life in their final months.
(c) Description.--
(1) In general.--The OCQI program shall be designed in a
manner similar to that for the physician group practice
demonstration program under section 1866A of the Social
Security Act (42 U.S.C. 1395cc-1) and shall provide performance
payments to participating oncology groups that implement each
of the approaches described in subsection (b) equal to one-half
of the program savings generated by the participating group.
The other half of program savings shall be retained by the
Medicare program.
(2) Expenditure targets.--Under the OCQI program, the
Secretary shall establish per capita expenditure targets for
participating oncology groups, taking into account the risk
characteristics of the patients involved. Those groups that
meet the performance goals established by the Secretary and
achieve program savings against the expenditure targets shall
receive performance payments described in paragraph (1).
(3) Limitation on number of participating groups.--The
Secretary shall limit the number of groups that may participate
in the OCQI program to no more than 75 groups at any time.
(4) Limitation on duration.--The OCQI program shall be
conducted over a 3-year period.
(5) Limitation on patient selection.--The Secretary shall
prohibit groups participating in the OCQI program from
selecting the individual patients to be included in the
program.
(6) Penalties to prevent reductions in services.--The
Secretary may impose penalties on those groups participating in
the OCQI program that the Secretary determines have
inappropriately reduced cancer therapies, including supportive
care therapies (basing their determination on existing evidence
based, medically accurate guidelines). Any such penalties shall
be in the form of reductions to performance payments payable to
the groups under paragraph (1).
(d) Advisory Committee; Evaluation.--
(1) In general.--The Secretary shall appoint an advisory
committee composed of representatives of the oncology
community, including organizations representing physicians,
nurses, and patients, and industry representatives, to
collaborate with the Secretary on the creation and
implementation of the OCQI program, including the development
of appropriate expenditure targets, and to help analyze the
data generated by the OCQI program. The advisory committee
shall specifically advise the Secretary on the methods for
selecting practices in different regions of the United States
to particiapte in the OCQI program.
(2) Evaluation.--In consultation with the advisory
committee, Secretary shall evaluate the OCQI program to--
(A) assess patient outcomes for patients
participating in the program as compared to such
outcomes to other individuals for the same health
conditions;
(B) analyze the cost effectiveness of the services
for which performance payments are made under the
program, including an evaluation of the cost savings to
the Medicare program attributable to reductions in
physicians' services, emergency room visits, hospital
stays, drug costs, advanced imaging costs, and end-of-
life care;
(C) determine the satisfaction of patients
participating in the program; and
(D) refine the appropriate level and proportion of
the specific performance payments among the three
performance components of the program.
(e) Implementation.--If the Secretary determines that the OCQI
program has been successful in improving care quality while lowering
the rate of growth of Medicare program expenditures, the Secretary is
authorized to include payments for the specific services paid under the
OCQI program as performance payments as permanent, covered services
under the Medicare program. | Oncology Care Quality Improvement Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a pilot program of oncology care quality improvement (OCQI) under title XVIII (Medicare) of the Social Security Act to evaluate the impact of three provider-led approaches to improve the care quality and outcome for Medicare beneficiaries with cancer while addressing care cost drivers by creating greater efficiencies in the program.
Specifies the three provider-led approaches as: (1) evidence-based guideline adherence; (2) patient education and care coordination services; and (3) end-of-life planning and counseling services.
Directs the Secretary to appoint an advisory committee to collaborate with the Secretary on the creation and implementation of the OCQI program. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware Water Gap National
Recreation Area Natural Gas Pipeline Enlargement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corporation.--The term ``Corporation'' means the
Columbia Gas Transmission Corporation.
(2) Pipeline.--The term ``pipeline'' means that portion of
the pipeline of the Corporation numbered 1278 that is--
(A) located in the Recreation Area; and
(B) situated on 2 tracts designated by the
Corporation as ROW No. 16405 and No. 16413.
(3) Recreation area.--The term ``Recreation Area'' means
the Delaware Water Gap National Recreation Area in the
Commonwealth of Pennsylvania.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Superintendent.--The term ``Superintendent'' means the
Superintendent of the Recreation Area.
SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE.
(a) In General.--The Secretary may enter into an agreement with the
Corporation to grant to the Corporation, an easement to enlarge the
diameter of the pipeline from 14 inches to not more than 20 inches.
(b) Terms and Conditions.--The easement authorized under subsection
(a) shall--
(1) be consistent with--
(A) the recreational values of the Recreation Area;
and
(B) protection of the resources of the Recreation
Area;
(2) include provisions for the protection of resources in
the Recreation Area that ensure that only the minimum and
necessary amount of disturbance, as determined by the
Secretary, shall occur during the construction or maintenance
of the enlarged pipeline;
(3) be consistent with the laws (including regulations) and
policies applicable to units of the National Park System; and
(4) be subject to any other terms and conditions that the
Secretary determines to be necessary.
(c) Permits.--
(1) In general.--The Superintendent may issue a permit to
the Corporation for the use of the Recreation Area in
accordance with subsection (b) for the temporary construction
and staging areas required for the construction of the enlarged
pipeline.
(2) Prior to issuance.--The easement authorized under
subsection (a) and the permit authorized under paragraph (1)
shall require that before the Superintendent issues a permit
for any clearing or construction, the Corporation shall--
(A) consult with the Superintendent;
(B) identify natural and cultural resources of the
Recreation Area that may be damaged or lost because of
the clearing or construction; and
(C) submit to the Superintendent for approval a
restoration and mitigation plan that--
(i) describes how the land subject to the
easement will be maintained; and
(ii) includes a schedule for, and
description of, the specific activities to be
carried out by the Corporation to mitigate the
damages or losses to, or restore, the natural
and cultural resources of the Recreation Area
identified under subparagraph (B).
(d) Pipeline Replacement Requirements.--The enlargement of the
pipeline authorized under subsection (a) shall be considered to meet
the pipeline replacement requirements required by the Research and
Special Programs Administration of the Department of Transportation
(CPF No. 1-2002-1004-H).
(e) FERC Consultation.--The Corporation shall comply with all other
requirements for certification by the Federal Energy Regulatory
Commission that are necessary to permit the increase in pipeline size.
(f) Limitation.--The Secretary shall not grant any additional
increases in the diameter of, or easements for, the pipeline within the
boundary of the Recreation Area after the date of enactment of this
Act.
(g) Effect on Right-of-Way Easement.--Nothing in this Act increases
the 50-foot right-of-way easement for the pipeline.
(h) Penalties.--On request of the Secretary, the Attorney General
may bring a civil action against the Corporation in United States
district court to recover damages and response costs under Public Law
101-337 (16 U.S.C. 19jj et seq.) or any other applicable law if--
(1) the Corporation--
(A) violates a provision of--
(i) an easement authorized under subsection
(a); or
(ii) a permit issued under subsection (c);
or
(B) fails to submit or timely implement a
restoration and mitigation plan approved under
subsection (c)(3); and
(2) the violation or failure destroys, results in the loss
of, or injures any park system resource (as defined in section
1 of Public Law 101-337 (16 U.S.C. 19jj)). | Delaware Water Gap National Recreation Area Natural Gas Pipeline Enlargement Act - Authorizes the Secretary of the Interior to grant an easement to the Columbia Gas Transmission Corporation to enlarge the diameter of a specified natural gas pipeline from 14 inches to not more than 20 inches, consistent with the recreational values and protection of the resources of the Delaware Water Gap National Recreation Area in Pennsylvania.
Authorizes the Superintendent of the Recreation Area to issue a permit to the Corporation for the use of the Recreation Area in accordance with specified procedural requirements for the temporary construction and staging areas required for the construction of the enlarged pipeline.
Requires the Corporation to comply with Federal Energy Regulatory Commission certification requirements for the increase in pipeline size.
Prohibits the Secretary from granting additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act.
Authorizes the Attorney General, at the Secretary's request, to bring against the Corporation a civil action for damages and response costs if the Corporation violates easement or permit provisions, fails to submit or timely implement an approved restoration and mitigation plan, or the violation or failure destroys, results in the loss of, or injures park system resources. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jamestown 400th Commemoration
Commission Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the founding of the colony at Jamestown, Virginia in
1607, the first permanent English colony in the New World, and
the capital of Virginia for 92 years, has major significance in
the history of the United States;
(2) the settlement brought people from throughout the
Atlantic Basin together to form a multicultural society,
including English, other Europeans, Native Americans, and
Africans;
(3) the economic, political, religious, and social
institutions that developed during the first 9 decades of the
existence of Jamestown continue to have profound effects on the
United States, particularly in English common law and language,
cross cultural relationships, and economic structure and
status;
(4) the National Park Service, the Association for the
Preservation of Virginia Antiquities, and the Jamestown-
Yorktown Foundation of the Commonwealth of Virginia
collectively own and operate significant resources related to
the early history of Jamestown; and
(5) in 1996--
(A) the Commonwealth of Virginia designated the
Jamestown-Yorktown Foundation as the State agency
responsible for planning and implementing the
Commonwealth's portion of the commemoration of the
400th anniversary of the founding of the Jamestown
settlement;
(B) the Foundation created the Celebration 2007
Steering Committee, known as the Jamestown 2007
Steering Committee; and
(C) planning for the commemoration began.
(b) Purpose.--The purpose of this Act is to establish the Jamestown
400th Commemoration Commission to--
(1) ensure a suitable national observance of the Jamestown
2007 anniversary by complementing the programs and activities
of the Commonwealth of Virginia;
(2) cooperate with and assist the programs and activities
of the State in observance of the Jamestown 2007 anniversary;
(3) assist in ensuring that Jamestown 2007 observances
provide an excellent visitor experience and beneficial
interaction between visitors and the natural and cultural
resources of the Jamestown sites;
(4) assist in ensuring that the Jamestown 2007 observances
are inclusive and appropriately recognize the experiences of
all people present in 17th century Jamestown;
(5) provide assistance to the development of Jamestown-
related programs and activities;
(6) facilitate international involvement in the Jamestown
2007 observances;
(7) support and facilitate marketing efforts for a
commemorative coin, stamp, and related activities for the
Jamestown 2007 observances; and
(8) assist in the appropriate development of heritage
tourism and economic benefits to the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 400th anniversary of the founding of the
Jamestown settlement.
(2) Commission.--The term ``Commission'' means the
Jamestown 400th Commemoration Commission established by section
4(a).
(3) Governor.--The term ``Governor'' means the Governor of
Virginia.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the Commonwealth of
Virginia, including agencies and entities of the Commonwealth.
SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Jamestown 400th Commemoration Commission''.
(b) Membership.--
(1) In general.--The Commission shall be composed of 15
members, of whom--
(A) 4 members shall be appointed by the Secretary,
taking into consideration the recommendations of the
Chairperson of the Jamestown 2007 Steering Committee;
(B) 4 members shall be appointed by the Secretary,
taking into consideration the recommendations of the
Governor;
(C) 2 members shall be employees of the National
Park Service, of which--
(i) 1 shall be the Director of the National
Park Service (or a designee); and
(ii) 1 shall be an employee of the National
Park Service having experience relevant to the
commemoration, to be appointed by the
Secretary; and
(D) 5 members shall be individuals that have an
interest in, support for, and expertise appropriate to,
the commemoration, to be appointed by the Secretary.
(2) Term; vacancies.--
(A) Term.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--
(i) In general.--A vacancy on the
Commission shall be filled in the same manner
in which the original appointment was made.
(ii) Partial term.--A member appointed to
fill a vacancy on the Commission shall serve
for the remainder of the term for which the
predecessor of the member was appointed.
(3) Meetings.--
(A) In general.--The Commission shall meet--
(i) at least twice each year; or
(ii) at the call of the Chairperson or the
majority of the members of the Commission.
(B) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold the initial
meeting of the Commission.
(4) Voting.--
(A) In general.--The Commission shall act only on
an affirmative vote of a majority of the members of the
Commission.
(B) Quorum.--A majority of the Commission shall
constitute a quorum.
(5) Chairperson.--The Secretary shall appoint a Chairperson
of the Commission, taking into consideration any
recommendations of the Governor.
(c) Duties.--
(1) In general.--The Commission shall--
(A) plan, develop, and execute programs and
activities appropriate to commemorate the 400th
anniversary of the founding of Jamestown;
(B) generally facilitate Jamestown-related
activities throughout the United States;
(C) encourage civic, patriotic, historical,
educational, religious, economic, and other
organizations throughout the United States to organize
and participate in anniversary activities to expand the
understanding and appreciation of the significance of
the founding and early history of Jamestown;
(D) coordinate and facilitate for the public
scholarly research on, publication about, and
interpretation of, Jamestown; and
(E) ensure that the 400th anniversary of Jamestown
provides a lasting legacy and long-term public benefit
by assisting in the development of appropriate programs
and facilities.
(2) Plans; reports.--
(A) Strategic plan; annual performance plans.--In
accordance with the Government Performance and Results
Act of 1993 (Public Law 103-62; 107 Stat. 285), the
Commission shall prepare a strategic plan and annual
performance plans for the activities of the Commission
carried out under this Act.
(B) Final report.--Not later than September 30,
2008, the Commission shall complete a final report that
contains--
(i) a summary of the activities of the
Commission;
(ii) a final accounting of funds received
and expended by the Commission; and
(iii) the findings and recommendations of
the Commission.
(d) Powers of the Commission.--The Commission may--
(1) accept donations and make dispersions of money,
personal services, and real and personal property related to
Jamestown and of the significance of Jamestown in the history
of the United States;
(2) appoint such advisory committees as the Commission
determines to be necessary to carry out this Act;
(3) authorize any member or employee of the Commission to
take any action that the Commission is authorized to take by
this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases or other legal agreements, to
carry out this Act (except that any contracts, leases or other
legal agreements made or entered into by the Commission shall
not extend beyond the date of termination of the Commission);
(5) use the United States mails in the same manner and
under the same conditions as other Federal agencies;
(6) subject to approval by the Commission, make grants in
amounts not to exceed $10,000 to communities and nonprofit
organizations to develop programs to assist in the
commemoration;
(7) make grants to research and scholarly organizations to
research, publish, or distribute information relating to the
early history of Jamestown; and
(8) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
(e) Commission Personnel Matters.--
(1) Compensation of members of the commission.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Commission shall serve without
compensation.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(C) Travel expenses.--A member of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the Commission.
(2) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Commission to perform
the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(4) Detail of government employees.--
(A) Federal employees.--
(i) In general.--On the request of the
Commission, the head of any Federal agency may
detail, on a reimbursable or non-reimbursable
basis, any of the personnel of the agency to
the Commission to assist the Commission in
carrying out the duties of the Commission under
this Act.
(ii) Civil service status.--The detail of
an employee under clause (i) shall be without
interruption or loss of civil service status or
privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel
detailed from States (including subdivisions of
States); and
(ii) reimburse States for services of
detailed personnel.
(5) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services as the
Commission determines necessary.
(6) Support services.--The Director of the National Park
Service shall provide to the Commission, on a reimbursable
basis, such administrative support services as the Commission
may request.
(f) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(g) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(h) No Effect on Authority.--Nothing in this section supersedes the
authority of the State, the National Park Service, or the Association
for the Preservation of Virginia Antiquities, concerning the
commemoration.
(i) Termination.--The Commission shall terminate on December 31,
2008.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the Senate October 5 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary. | Terminates the Commission on December 31, 2008.
Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Human Trafficking Act of
2015''.
TITLE I--ENHANCING SERVICES FOR RUNAWAY AND HOMELESS VICTIMS OF YOUTH
TRAFFICKING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Enhancing Services for Runaway and
Homeless Victims of Youth Trafficking Act of 2015''.
SEC. 102. AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is
amended--
(1) in section 343(b)(5) (42 U.S.C. 5714-23(b)(5))--
(A) in subparagraph (A) by inserting ``, severe
forms of trafficking in persons (as defined in section
103(9) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(9))), and sex trafficking (as
defined in section 103(10) of such Act (22 U.S.C.
7102(10)))'' before the semicolon at the end;
(B) in subparagraph (B) by inserting ``, severe
forms of trafficking in persons (as defined in section
103(9) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(9))), or sex trafficking (as
defined in section 103(10) of such Act (22 U.S.C.
7102(10)))'' after ``assault''; and
(C) in subparagraph (C) by inserting ``, including
such youth who are victims of trafficking (as defined
in section 103(15) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(15)))'' before
the semicolon at the end; and
(2) in section 351(a) (42 U.S.C. 5714-41(a)) by striking
``or sexual exploitation'' and inserting ``sexual exploitation,
severe forms of trafficking in persons (as defined in section
103(9) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102(9))), or sex trafficking (as defined in section
103(10) of such Act (22 U.S.C. 7102(10)))''.
TITLE II--IMPROVING THE RESPONSE TO VICTIMS OF CHILD SEX TRAFFICKING
SEC. 201. RESPONSE TO VICTIMS OF CHILD SEX TRAFFICKING.
Section 404(b)(1)(P)(iii) of the Missing Children's Assistance Act
(42 U.S.C. 5773(b)(1)(P)(iii)) is amended by striking ``child
prostitution'' and inserting ``child sex trafficking, including child
prostitution''.
TITLE III--INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING
SEC. 301. SHORT TITLE.
This title may be cited as the ``Human Trafficking Prevention,
Intervention, and Recovery Act of 2015''.
SEC. 302. VICTIM OF TRAFFICKING DEFINED.
In this title, the term ``victim of trafficking'' has the meaning
given such term in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
SEC. 303. INTERAGENCY TASK FORCE REPORT ON CHILD TRAFFICKING PRIMARY
PREVENTION.
(a) Review.--The Interagency Task Force to Monitor and Combat
Trafficking, established under section 105 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103), shall conduct a review that,
with regard to trafficking in persons in the United States--
(1) in consultation with nongovernmental organizations that
the Task Force determines appropriate, surveys and catalogs the
activities of the Federal Government and State governments--
(A) to deter individuals from committing
trafficking offenses; and
(B) to prevent children from becoming victims of
trafficking;
(2) surveys academic literature on--
(A) deterring individuals from committing
trafficking offenses;
(B) preventing children from becoming victims of
trafficking;
(C) the commercial sexual exploitation of children;
and
(D) other similar topics that the Task Force
determines to be appropriate;
(3) identifies best practices and effective strategies--
(A) to deter individuals from committing
trafficking offenses; and
(B) to prevent children from becoming victims of
trafficking; and
(4) identifies current gaps in research and data that would
be helpful in formulating effective strategies--
(A) to deter individuals from committing
trafficking offenses; and
(B) to prevent children from becoming victims of
trafficking.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Interagency Task Force to Monitor and Combat
Trafficking shall provide to Congress, and make publicly available in
electronic format, a report on the review conducted pursuant to
subparagraph (a).
SEC. 304. GAO REPORT ON INTERVENTION.
On the date that is 1 year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a report
to Congress that includes information on--
(1) the efforts of Federal and select State law enforcement
agencies to combat human trafficking in the United States; and
(2) each Federal grant program, a purpose of which is to
combat human trafficking or assist victims of trafficking, as
specified in an authorizing statute or in a guidance document
issued by the agency carrying out the grant program.
SEC. 305. PROVISION OF HOUSING PERMITTED TO PROTECT AND ASSIST IN THE
RECOVERY OF VICTIMS OF TRAFFICKING.
Section 107(b)(2)(A) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105(b)(2)(A)) is amended by inserting ``, including
programs that provide housing to victims of trafficking'' before the
period at the end. | Combating Human Trafficking Act of 2015 Enhancing Services for Runaway and Homeless Victims of Youth Trafficking Act of 2015 Amends the Runaway and Homeless Youth Act with respect to grants to states, localities, and private entities to carry out research, evaluation, demonstration, and service projects regarding activities designed to increase knowledge concerning, and to improve services for, runaway youth and homeless youth. Requires the Secretary of Health and Human Services to give priority to proposed projects relating to staff training in: the behavioral and emotional effects of severe forms of trafficking in persons and sex trafficking, responding to youth who are showing effects of severe forms of trafficking in persons and sex trafficking, and agency-wide strategies for working with runaway and homeless youth who are victims of trafficking. Extends the Secretary's authority to make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, or sexual exploitation. Extends the scope of such grants also to street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, severe forms of trafficking in persons and sex trafficking. Amends the Missing Children's Assistance Act to include among the required uses of the Office of Juvenile Justice and Delinquency Prevention's annual grant to the National Center for Missing and Exploited Children operation of a cyber tipline to provide online users and electronic service providers an effective means of reporting Internet-related child sexual exploitation in the area of child sex trafficking, including child prostitution (currently, in the area of child prostitution). Human Trafficking Prevention and Recovery Act of 2015 Requires the Interagency Task Force to Monitor and Combat Trafficking to review trafficking in persons in the United States. Directs the Comptroller General to report to Congress on: (1) the efforts of federal and state law enforcement agencies to combat human trafficking in the United States, and (2) each federal grant program one of whose purposes is to combat human trafficking or assist victims of trafficking. Amends the Trafficking Victims Protection Act of 2000 to include programs that provide housing to victims of trafficking among grant-receiving state, local, and tribal service programs for victims of trafficking. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Prescription Drug Integrity
Act of 2013''.
SEC. 2. PREVENTION OF FRAUD AND ABUSE IN MEDICARE PRESCRIPTION DRUG
PLANS.
(a) Procedures for PDP Sponsors To Identify Fraud and Abuse.--
Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w-104(c))
is amended--
(1) in paragraph (1)(D)--
(A) by inserting ``, designed to'' after
``program''; and
(B) by inserting ``, that includes the procedures
described in paragraph (4)'' after ``waste''; and
(2) by adding at the end the following:
``(4) Procedures to prevent fraud and abuse.--
``(A) PDP sponsor procedures.--A PDP sponsor shall
have in place procedures designed to--
``(i) identify an individual that has
obtained coverage for a covered part D drug at
a frequency or amount not medically necessary,
as determined in accordance with utilization
guidelines established by the Secretary;
``(ii) subject to procedures developed by
the Secretary, limit coverage for some or all
classes of covered part D drugs for an
individual identified under clause (i) to drugs
prescribed by one or more designated
prescribers or dispensed by one or more
designated dispensers, or both, for a
reasonable period of time following the date
the individual is notified of such
identification;
``(iii) provide to the Secretary the name,
and other information that the Secretary may
require, of individuals identified pursuant to
clause (i);
``(iv) as directed by the Secretary, limit
coverage for some or all classes of covered
part D drugs for an individual identified
pursuant to clause (i) by a PDP sponsor with
whom such individual was previously enrolled;
and
``(v) deny payment of a claim for a
controlled substance in schedule II or III as
established under Controlled Substances Act
unless the PDP sponsor has verified at point-
of-sale that the prescriber and dispenser are
authorized by the Administrator of the Drug
Enforcement Administration to prescribe or
dispense such controlled substances.
``(B) Authorization for the secretary to share
information.--The Secretary may share information with
respect to an individual provided under subparagraph
(A)(iii) with a PDP sponsor enrolling such
individual.''.
(b) Dual Eligibles.--Section 1860D-1(b)(3)(D) of the Social
Security Act (42 U.S.C. 1395w-101(b)(3)(D)) is amended by inserting ``,
subject to such limits as the Secretary may establish for individuals
identified pursuant to section 1860D-4(c)(4)(A)(i)'' after ``the
Secretary''.
(c) Exclusion and Denial of Payment for Inappropriate Prescribing
and Dispensing.--
(1) Exclusion for inappropriate prescribing or
dispensing.--Section 1128(b) of the Social Security Act (42
U.S.C. 1320a-7(b)) is amended by adding at the end the
following:
``(17) Inappropriate prescribing or dispensing.--Any
individual or entity that the Secretary determines has
prescribed or dispensed under title XVIII--
``(A) a covered part D drug to an individual under
a prescription drug plan or a MA-PD plan, as such terms
are defined for purposes of part D of such title, that
could not have been prescribed or dispensed to the
individual on the date of such prescribing or
dispensing; or
``(B) any drug under such title at a frequency or
amount that--
``(i) represents a practice or pattern of
abusive prescribing or dispensing; or
``(ii) presents a risk to enrollee health
or safety.''.
(2) Denial of payment for inappropriate prescribing or
dispensing.--Section 1860D-2(e)(3) of the Social Security Act
(42 U.S.C. 1395w-102(e)(3)) is amended--
(A) in subparagraph (A), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or'';
(C) by inserting after subparagraph (B) the
following:
``(C) which is prescribed or dispensed by an
individual or entity that the Secretary determines,
subject to such review, redetermination, and appeal as
the Secretary provides, has prescribed or dispensed to
an individual under a prescription drug plan or a MA-PD
plan a covered part D drug--
``(i) that could not have been prescribed
or dispensed to the individual on the date of
such prescribing or dispensing; or
``(ii) at a frequency or amount that
presents a risk to the health or safety of an
enrollee or that represents a practice or
pattern of abusive prescribing or
dispensing.''; and
(D) by adding at the end the following: ``The
exclusion of a prescriber or dispenser under
subparagraph (C) shall be for such period of time as
the Secretary shall specify.''
(d) Registration of Authorization for Individuals To Prescribe and
Dispense Controlled Substances.--Section 303 of the Controlled
Substances Act (21 U.S.C. 823) is amended by adding at the end the
following:
``(i) Unique Health Identifiers for Members of Group Practices.--
``(1) In general.--The Attorney General shall--
``(A) compile and maintain a list of the unique
health identifiers of prescribers and dispensers that
are members of a group practice registered under this
section and have authority to prescribe or dispense
controlled substances in schedules II and III; and
``(B) make the list compiled under subparagraph (A)
available to all PDP sponsors.
``(2) Definitions.--In this section:
``(A) Group practice.--The term `group practice'
has the meaning given such term in section 1877(h)(4)
of the Social Security Act.
``(B) Unique health identifier.--The term `unique
health identifier' has the meaning given such term in
section 1173(b) of the Social Security Act.
``(C) PDP sponsor.--The term `PDP sponsor' has the
meaning given such term in section 1860D-41(a)(13) of
the Social Security Act.''.
(e) Use of Recovery Audit Contractor Recoveries To Prevent Fraud
and Waste.--Section 1893(h)(1)(C) of the Social Security Act (42 U.S.C.
1395ddd(h)(1)(C)) is amended--
(1) by striking ``the Secretary shall retain'' and
inserting ``the Secretary--
``(i) shall retain'';
(2) in clause (i), as added by paragraph (1)--
(A) by inserting ``, in addition to any other funds
that may be available,'' after ``available''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(ii) may retain an additional portion of
the amounts recovered (not to exceed 25 percent
of such amounts recovered) which shall be
available, in addition to any other funds that
may be available, to such program management
account until expended for purposes of carrying
out the amendments made by the Medicare
Prescription Drug Integrity Act of 2013.''.
(f) Implementation.--The Secretary of Health and Human Services may
implement the amendments made by subsections (a), (b), and (c)(2) by
regulations, guidance, or otherwise.
(g) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Delayed effective date for certain provisions.--The
amendments made by subsection (a) shall apply with respect to
plan years beginning after the date that is 8 months after the
date of the enactment of this Act, except that subparagraph
(A)(v) of section 1860D-4(c)(4) of the Social Security Act, as
added by subsection (a)(2), shall apply with respect to plan
years beginning after the date that is 6 months after the date
on which the Secretary of Health and Human Services determines
PDP sponsors, as defined in section 1860D-41(a)(13) of the
Social Security Act (42 U.S.C. 1395w-151(a)(13)), have access
at the point-of-sale to the information necessary to determine
valid prescribing and dispensing authority. | Medicare Prescription Drug Integrity Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require a prescription drug plan (PDP) sponsor to have in place procedures designed to prevent fraud and abuse in PDPs. Authorizes the Secretary of Health and Human Services (HHS), with respect to establishing special enrollment periods for full-benefit dual eligible individuals, to set coverage limits for individuals who have obtained coverage for a covered Medicare part D drug at a frequency or amount not medically necessary. Amends SSA title IX to allow the Secretary to exclude from participation in any federal health care program any individual or entity that has engaged in the inappropriate prescribing or dispensing of a covered Medicare part D drug. Amends SSA title XVIII part D to allow a PDP or a MedicareAdvantage-PD (MA-PD) plan to exclude from qualified prescription drug coverage, and deny payment for, any covered part D drug: (1) prescribed or dispensed inappropriately to an individual under a PDP or a MA-PD plan that could not have been prescribed or dispensed to the individual on the date of such prescribing or dispensing; or (2) any drug at a frequency or amount that represents a practice or pattern of abusive prescribing or dispensing, or presents a risk to enrollee health or safety. Amends the Controlled Substances Act to direct the Attorney General to: (1) compile a list of the unique health identifiers of prescribers and dispensers that are members of a group practice registered and authorized to prescribe or dispense controlled substances in schedules II and III, and (2) make the list available to all PDP sponsors. Amends SSA title XVIII with respect to the use of recovery audit contractors under the Medicare Integrity Program to identify underpayments and overpayments and recoup the latter. Authorizes the Secretary to retain an additional portion of up to 25% of the amounts recovered for purposes of carrying out this Act. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intellectual Property Protection and
Courts Amendments Act of 2004''.
TITLE I--ANTI-COUNTERFEITING PROVISIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Anti-counterfeiting Amendments Act
of 2004''.
SEC. 102. PROHIBITION AGAINST TRAFFICKING IN COUNTERFEIT COMPONENTS.
(a) In General.--Section 2318 of title 18, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 2318. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging'';
(2) by striking subsection (a) and inserting the following:
``(a) Whoever, in any of the circumstances described in subsection
(c), knowingly traffics in--
``(1) a counterfeit label or illicit label affixed to,
enclosing, or accompanying, or designed to be affixed to, enclose,
or accompany--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other audiovisual work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural work;
``(F) a work of visual art; or
``(G) documentation or packaging; or
``(2) counterfeit documentation or packaging,
shall be fined under this title or imprisoned for not more than 5
years, or both.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3)--
(i) by striking ``and `audiovisual work' have'' and
inserting the following: ```audiovisual work', `literary
work', `pictorial, graphic, or sculptural work', `sound
recording', `work of visual art', and `copyright owner'
have''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(4) the term `illicit label' means a genuine certificate,
licensing document, registration card, or similar labeling
component--
``(A) that is used by the copyright owner to verify that a
phonorecord, a copy of a computer program, a copy of a motion
picture or other audiovisual work, a copy of a literary work, a
copy of a pictorial, graphic, or sculptural work, a work of
visual art, or documentation or packaging is not counterfeit or
infringing of any copyright; and
``(B) that is, without the authorization of the copyright
owner--
``(i) distributed or intended for distribution not in
connection with the copy, phonorecord, or work of visual
art to which such labeling component was intended to be
affixed by the respective copyright owner; or
``(ii) in connection with a genuine certificate or
licensing document, knowingly falsified in order to
designate a higher number of licensed users or copies than
authorized by the copyright owner, unless that certificate
or document is used by the copyright owner solely for the
purpose of monitoring or tracking the copyright owner's
distribution channel and not for the purpose of verifying
that a copy or phonorecord is noninfringing;
``(5) the term `documentation or packaging' means documentation
or packaging, in physical form, for a phonorecord, copy of a
computer program, copy of a motion picture or other audiovisual
work, copy of a literary work, copy of a pictorial, graphic, or
sculptural work, or work of visual art; and
``(6) the term `counterfeit documentation or packaging' means
documentation or packaging that appears to be genuine, but is
not.'';
(4) in subsection (c)--
(A) by striking paragraph (3) and inserting the following:
``(3) the counterfeit label or illicit label is affixed to,
encloses, or accompanies, or is designed to be affixed to, enclose,
or accompany--
``(A) a phonorecord of a copyrighted sound recording or
copyrighted musical work;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or other
audiovisual work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural work;
``(F) a work of visual art; or
``(G) copyrighted documentation or packaging; or''; and
(B) in paragraph (4), by striking ``for a computer
program''; and
(5) in subsection (d)--
(A) by inserting ``or illicit labels'' after ``counterfeit
labels'' each place it appears; and
(B) by inserting before the period at the end the
following: ``, and of any equipment, device, or material used
to manufacture, reproduce, or assemble the counterfeit labels
or illicit labels''.
(b) Civil Remedies.--Section 2318 of title 18, United States Code,
is further amended by adding at the end the following:
``(f) Civil Remedies.--
``(1) In general.--Any copyright owner who is injured, or is
threatened with injury, by a violation of subsection (a) may bring
a civil action in an appropriate United States district court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain a violation of subsection
(a);
``(B) at any time while the action is pending, may order
the impounding, on such terms as the court determines to be
reasonable, of any article that is in the custody or control of
the alleged violator and that the court has reasonable cause to
believe was involved in a violation of subsection (a); and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs; and
``(ii)(I) actual damages and any additional profits of
the violator, as provided in paragraph (3); or
``(II) statutory damages, as provided in paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the injured party
as a result of a violation of subsection (a), as provided
in subparagraph (B) of this paragraph; and
``(ii) any profits of the violator that are
attributable to a violation of subsection (a) and are not
taken into account in computing the actual damages.
``(B) Calculation of damages.--The court shall calculate
actual damages by multiplying--
``(i) the value of the phonorecords, copies, or works
of visual art which are, or are intended to be, affixed
with, enclosed in, or accompanied by any counterfeit
labels, illicit labels, or counterfeit documentation or
packaging, by
``(ii) the number of phonorecords, copies, or works of
visual art which are, or are intended to be, affixed with,
enclosed in, or accompanied by any counterfeit labels,
illicit labels, or counterfeit documentation or packaging.
``(C) Definition.--For purposes of this paragraph, the
`value' of a phonorecord, copy, or work of visual art is--
``(i) in the case of a copyrighted sound recording or
copyrighted musical work, the retail value of an authorized
phonorecord of that sound recording or musical work;
``(ii) in the case of a copyrighted computer program,
the retail value of an authorized copy of that computer
program;
``(iii) in the case of a copyrighted motion picture or
other audiovisual work, the retail value of an authorized
copy of that motion picture or audiovisual work;
``(iv) in the case of a copyrighted literary work, the
retail value of an authorized copy of that literary work;
``(v) in the case of a pictorial, graphic, or
sculptural work, the retail value of an authorized copy of
that work; and
``(vi) in the case of a work of visual art, the retail
value of that work.
``(4) Statutory damages.--The injured party may elect, at any
time before final judgment is rendered, to recover, instead of
actual damages and profits, an award of statutory damages for each
violation of subsection (a) in a sum of not less than $2,500 or
more than $25,000, as the court considers appropriate.
``(5) Subsequent violation.--The court may increase an award of
damages under this subsection by 3 times the amount that would
otherwise be awarded, as the court considers appropriate, if the
court finds that a person has subsequently violated subsection (a)
within 3 years after a final judgment was entered against that
person for a violation of that subsection.
``(6) Limitation on actions.--A civil action may not be
commenced under section unless it is commenced within 3 years after
the date on which the claimant discovers the violation of
subsection (a).''.
(c) Conforming Amendment.--The item relating to section 2318 in the
table of sections for chapter 113 of title 18, United States Code, is
amended to read as follows:
``2318. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging.''.
SEC. 103. OTHER RIGHTS NOT AFFECTED.
(a) Chapters 5 and 12 of Title 17; Electronic Transmissions.--The
amendments made by this title--
(1) shall not enlarge, diminish, or otherwise affect any
liability or limitations on liability under sections 512, 1201 or
1202 of title 17, United States Code; and
(2) shall not be construed to apply--
(A) in any case, to the electronic transmission of a
genuine certificate, licensing document, registration card,
similar labeling component, or documentation or packaging
described in paragraph (4) or (5) of section 2318(b) of title
18, United States Code, as amended by this title; and
(B) in the case of a civil action under section 2318(f) of
title 18, United States Code, to the electronic transmission of
a counterfeit label or counterfeit documentation or packaging
defined in paragraph (1) or (6) of section 2318(b) of title 18,
United States Code.
(b) Fair Use.--The amendments made by this title shall not affect
the fair use, under section 107 of title 17, United States Code, of a
genuine certificate, licensing document, registration card, similar
labeling component, or documentation or packaging described in
paragraph (4) or (5) of section 2318(b) of title 18, United States
Code, as amended by this title.
TITLE II--FRAUDULENT ONLINE IDENTITY SANCTIONS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fraudulent Online Identity
Sanctions Act''.
SEC. 202. AMENDMENT TO TRADEMARK ACT OF 1946.
Section 35 of the Act entitled ``An Act to provide for the
registration and protection of trademarks used in commerce, to carry
out the provisions of certain international conventions, and for other
purposes'', approved July 5, 1946 (commonly referred to as the
``Trademark Act of 1946''; 15 U.S.C. 1117), is amended by adding at the
end the following new subsection:
``(e) In the case of a violation referred to in this section, it
shall be a rebuttable presumption that the violation is willful for
purposes of determining relief if the violator, or a person acting in
concert with the violator, knowingly provided or knowingly caused to be
provided materially false contact information to a domain name
registrar, domain name registry, or other domain name registration
authority in registering, maintaining, or renewing a domain name used
in connection with the violation. Nothing in this subsection limits
what may be considered a willful violation under this section.''.
SEC. 203. AMENDMENT TO TITLE 17, UNITED STATES CODE.
Section 504(c) of title 17, United States Code, is amended by
adding at the end the following new paragraph:
``(3) (A) In a case of infringement, it shall be a rebuttable
presumption that the infringement was committed willfully for
purposes of determining relief if the violator, or a person acting
in concert with the violator, knowingly provided or knowingly
caused to be provided materially false contact information to a
domain name registrar, domain name registry, or other domain name
registration authority in registering, maintaining, or renewing a
domain name used in connection with the infringement.
``(B) Nothing in this paragraph limits what may be considered
willful infringement under this subsection.
``(C) For purposes of this paragraph, the term `domain name'
has the meaning given that term in section 45 of the Act entitled
`An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes' approved July 5,
1946 (commonly referred to as the `Trademark Act of 1946'; 15
U.S.C. 1127).''.
SEC. 204. AMENDMENT TO TITLE 18, UNITED STATES CODE.
(a) Sentencing Enhancement.--Section 3559 of title 18, United
States Code, is amended by adding at the end the following:
``(f)(1) If a defendant who is convicted of a felony offense (other
than offense of which an element is the false registration of a domain
name) knowingly falsely registered a domain name and knowingly used
that domain name in the course of that offense, the maximum
imprisonment otherwise provided by law for that offense shall be
doubled or increased by 7 years, whichever is less.
``(2) As used in this section--
``(A) the term `falsely registers' means registers in a manner
that prevents the effective identification of or contact with the
person who registers; and
``(B) the term `domain name' has the meaning given that term is
section 45 of the Act entitled `An Act to provide for the
registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions, and
for other purposes' approved July 5, 1946 (commonly referred to as
the `Trademark Act of 1946') (15 U.S.C. 1127).''.
(b) United States Sentencing Commission.--
(1) Directive.--Pursuant to its authority under section 994(p)
of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall review and
amend the sentencing guidelines and policy statements to ensure
that the applicable guideline range for a defendant convicted of
any felony offense carried out online that may be facilitated
through the use of a domain name registered with materially false
contact information is sufficiently stringent to deter commission
of such acts.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall provide sentencing enhancements for
anyone convicted of any felony offense furthered through knowingly
providing or knowingly causing to be provided materially false
contact information to a domain name registrar, domain name
registry, or other domain name registration authority in
registering, maintaining, or renewing a domain name used in
connection with the violation.
(3) Definition.--For purposes of this subsection, the term
``domain name'' has the meaning given that term in section 45 of
the Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for other
purposes'', approved July 5, 1946 (commonly referred to as the
``Trademark Act of 1946''; 15 U.S.C. 1127).
SEC. 205. CONSTRUCTION.
(a) Free Speech and Press.--Nothing in this title shall enlarge or
diminish any rights of free speech or of the press for activities
related to the registration or use of domain names.
(b) Discretion of Courts in Determining Relief.--Nothing in this
title shall restrict the discretion of a court in determining damages
or other relief to be assessed against a person found liable for the
infringement of intellectual property rights.
(c) Discretion of Courts in Determining Terms of Imprisonment.--
Nothing in this title shall be construed to limit the discretion of a
court to determine the appropriate term of imprisonment for an offense
under applicable law.
TITLE III--COURTS
SEC. 301. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT OF
COLORADO.
Section 85 of title 28, United States Code, is amended by inserting
``Colorado Springs,'' after ``Boulder,''.
SEC. 302. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT OF NEW YORK.
Section 112(a) of title 28, United States Code, is amended by
inserting ``Plattsburgh,'' after ``Malone,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Intellectual Property Protection and Courts Amendments Act of 2004 - Title I: Anti-counterfeiting Provisions - Anti-counterfeiting Amendments Act of 2004 - (Sec. 102) Rewrites Federal criminal code provisions regarding trafficking in counterfeit labels. Prohibits knowingly trafficking in: (1) a counterfeit or illicit label (defined in this Act) affixed to, enclosing, or accompanying, or designed to be affixed to, enclose, or accompany, a phonorecord, a copy of a computer program, motion picture (or other audiovisual work), literary work, or pictorial, graphic, or sculptural work, a work of visual art, or documentation or packaging; or (2) counterfeit documentation or packaging.
Provides for forfeiture or destruction of illicit (as well as counterfeit) labels and of any equipment, device, or material used to manufacture, reproduce, or assemble the counterfeit labels or illicit labels.
Authorizes a copyright owner who is injured, or threatened with injury, by a violation to bring a civil action in U.S. district court. Authorizes the court: (1) to grant temporary or permanent injunctions to prevent or restrain violations; (2) to order the impounding of any article in the alleged violator's custody or control that was involved in a violation; and (3) to award to the injured party reasonable attorney fees and costs, actual damages, and any additional profits of the violator or statutory damages, as specified.
Authorizes: (1) the injured party to elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits an award of statutory damages for each violation in a sum of between $2,500 and $25,000; and (2) the court to increase an award of damages by three times the amount that would otherwise be awarded for a violation occurring within three years after a final judgment was entered for a previous violation. Requires a civil action to be commenced within three years after the the violation is discovered.
(Sec. 103) Declares that this title shall not: (1) affect provisions governing liability under Federal copyright law or fair use of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging; or (2) be construed to apply to the electronic transmission of certificates, licensing documents, registration cards, similar labeling components, or documentation or packaging.
Title II: Fraudulent Online Identity Sanctions - Fraudulent Online Identity Sanctions Act - (Sec. 202) Amends the Trademark Act of 1946 and Federal copyright law to make it a a rebuttable presumption that a trademark violation or copyright infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert, knowingly provided or caused to be provided materially false contact information to a domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation or infringement.
(Sec. 204) Requires the maximum imprisonment otherwise provided for a felony offense to be doubled or increased by seven years, whichever is less, if the defendant knowingly falsely registers and uses a domain name in the course of the offense. Directs the U.S. Sentencing Commission to review and amend the sentencing guidelines with respect to a conviction for the false registration and use of a domain name during the course of a felony.
(Sec. 205) Provides that nothing in this title shall: (1) enlarge or diminish any rights of free speech or of the press for activities related to the registration or use of domain names; and (2) restrict a court's discretion in determining relief to be assessed against a person found liable for intellectual property right infringement, or in determining the appropriate term of imprisonment for an offense under applicable law.
Title III: Courts - (Sec. 301) Amends the Federal judicial code to provide for: (1) an additional place of holding court in the District of Colorado at Colorado Springs; and (2) a place of holding court in the Northern District of New York at Plattsburgh. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Resource Study Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) water resources in the United States are among the most
plentiful in the world;
(2) for many years, the effective development and use of
water resources in the United States has been the focus of a
wide array of Federal policies and programs;
(3) in recent years, unprecedented growth, multiple
competing water uses, and growing public interest in
environmental protection have combined to create an atmosphere
of conflicting policy interests;
(4) large-scale water conflicts continue to emerge between
communities, States, and stakeholder interests in the
southeastern region of the United States; and
(5) Federal support is needed to assess the utility and
effectiveness of current Federal policies and programs as they
relate to resolving State and local water supply needs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(2) State.--The term ``State'' means the State of
Tennessee.
SEC. 4. STUDIES ON EMERGING WATER SUPPLY NEEDS.
(a) Designation.--The Secretary shall offer to provide assistance
to the State to conduct the studies described in this section.
(b) Studies.--As a condition of receiving assistance under this
section, not later than 1 year after the date of enactment of this Act,
in consultation with the Secretary, the State shall--
(1) select a geographic area within the State having
consistent, emerging, water supply needs; and
(2) conduct a study on the emerging water supply needs of
the geographic area.
(c) Administration.--A study conducted under this section shall--
(1) identify Federal and State resources, assistance
programs, regulations, and sources of funding for water supply
development and management that are applicable to the
geographic areas selected under subsection (b)(1);
(2) identify potential weaknesses, redundancies, and
contradictions in those resources, assistance programs,
regulations, policies, and sources of funding;
(3) conduct a water resource inventory in the geographic
study area to determine, with respect to the water supply needs
of the area--
(A) projected demand;
(B) existing supplies and infrastructure;
(C) water resources that cannot be developed for
water supplies due to regulatory or technical barriers,
including--
(i) special aquatic sites (as defined in
section 330.2 of title 33, Code of Federal
Regulations (or a successor regulation)); and
(ii) waters protected under any other
Federal or State law;
(D) water resources that can be developed for water
supplies, such as sites that have few, if any,
technical or regulatory barriers to development;
(E) any water resources for which further research
or investigation, such as testing of groundwater
aquifers, is required to determine the potential for
water supply development for the site;
(F) a description of the social, political,
institutional, and economic dynamics and
characteristics of the geographic study area that may
impact the resolution of water supply needs;
(G) incentives for cooperation between water
districts, local governments, and State governments,
including methods that maximize private sector
participation in the water supply development; and
(H) new water resource development technologies
that merit further analysis and testing.
(d) Lead Agency.--For each study under this section, the Corps of
Engineers--
(1) shall be the lead Federal agency; and
(2) shall consult with the State for guidance in the
development of the study.
(e) Participants.--
(1) In general.--In consultation with the Secretary, the
State shall select entities to participate in the study under
this section.
(2) Tennessee.--
(A) In general.--In addition to entities selected
under paragraph (1), the United States Geological
Survey and the Tennessee Valley Authority shall
participate in the study in the State.
(B) University of tennessee.--The University of
Tennessee may elect to participate in the study in the
State.
(f) Funding.--The Federal share of each study under this section
shall be 100 percent.
(g) Report.--Not later than 180 days after the completion of a
study under this section, the State completing the study shall submit a
report describing the findings of the study to--
(1) the Committee on Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 2001. | Requires, as a condition of receiving such assistance, the State to: (1) select a geographic area within the State having consistent, emerging, water supply needs; and (2) conduct a study on such needs.
Requires that such a study conducted under this Act: (1) identify Federal and State resources, assistance programs, regulations, and sources of funding for water supply development and management that are applicable to the geographic areas selected; (2) identify potential weaknesses, redundancies, and contradictions; and (3) conduct a water resource inventory in the geographic study area to determine specified considerations and conditions with respect to such area's water supply needs.
Requires the Corps of Engineers, for each study, to: (1) be the lead Federal agency; and (2) consult with the State for guidance in the development of the study. Provides for: (1) selection by the State of entities to participate in the study; and (2) participation by the U.S. Geological Survey and the Tennessee Valley Authority in such study. Permits the University of Tennessee to elect to participate in such study.
Provides for each study to be funded at full Federal expense.
Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Protection for Victims of
Domestic Violence Act''.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO
VICTIMS OF DOMESTIC VIOLENCE.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following new title:
``TITLE XXVII--PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH
RESPECT TO VICTIMS OF DOMESTIC VIOLENCE
``SEC. 2701. LIMITATIONS ON UNDERWRITING.
``No insurer may engage in a practice that has the effect of
denying, canceling, or not renewing health insurance coverage or health
benefits, or establishing, increasing, or varying the premium charged
for the coverage or benefits or excluding health coverage with respect
to health care items or services related to treatment of a condition--
``(1) to an individual on the basis that the individual or
family member is, has been, or may be the subject of abuse, has
had prior injuries that resulted from abuse, or seeks, has
sought, or should have sought medical or psychological
treatment for protection against abuse, or shelter from abuse;
or
``(2) to or for a group or employer on the basis that the
group includes or the employer employs, or provides or
subsidizes insurance for, an individual described in paragraph
(1).
``SEC. 2702. ESTABLISHMENT OF STANDARDS.
``(a) Role of National Association of Insurance Commissioners.--
``(1) In general.--The Secretary shall request the National
Association of Insurance Commissioners to develop, in
consultation with nonprofit domestic violence victim advocacy
organizations, within 9 months after the date of the enactment
of this title, model standards that incorporate the limitations
on underwriting set forth in section 2701, and provide
procedures for enforcement for such provisions, including a
private right of action.
``(2) Review of standards.--If the Association develops
recommended regulations specifying the standards within the
period, the Secretary shall review the standards. The review
shall be completed within 90 days after the date the
regulations are developed. Unless the Secretary determines
within the period that such standards do not meet the
requirements, such standards shall serve as the standards under
this title, with such amendments as the Secretary determines to
be necessary.
``(b) Contingency.--If the Association does not develop the model
regulations within the 9 month period beginning on the date of the
enactment of this title, or the Secretary determines that the
regulations do not specify standards that meet the requirements
described in subsection (a), the Secretary shall specify, within 15
months after the date of the enactment of this title, standards to
carry out the requirements.
``(c) Application of Standards.--
``(1) In general.--Each State shall submit to the
Secretary, by the deadline specified in paragraph (2), a report
on actions the State is taking to implement and enforce the
standards established under this section with respect to
insurers and health insurance coverage offered or renewed not
later than such deadline.
``(2) Deadline for report.--Each State shall file the
report described in paragraph (1) not later than 1 year after
the date that standards are established under subsection (a)
or, in the event of the failure of the Association to develop
timely model regulations, under subsection (b).
``(d) Federal Role.--
``(1) Notice of deficiency.--If the Secretary determines
that a State has failed to submit a report by the deadline
specified by subsection (c), or finds that the State has not
implemented and provided adequate enforcement of the standards
established under subsection (a) or (b), the Secretary shall
notify the State and provide the State a period of 60 days in
which to submit the report.
``(2) Implementation of alternative enforcement
mechanism.--
``(A) In general.--If, after the 60-day period, the
Secretary finds that such a failure has not been
corrected, the Secretary shall within 30 days provide
for a mechanism for the implementation and enforcement
of such standards in the State as the Secretary
determines to be appropriate.
``(B) Civil penalty.--Under any implementation and
enforcement mechanism established by the Secretary
pursuant to this paragraph, the Secretary shall have
the authority to impose on an insurer a civil monetary
penalty in the amount of $10,000 for each day during
which such insurer violates the requirements described
in section 2701, or the standards developed under this
section. Liability for such penalty shall begin to
accrue on the 30th day after the Secretary has provided
such insurer with notice of its noncompliance, if the
insurer has failed to correct the deficiency by such
date.
``(C) Effective period.--Any such implementation
and enforcement mechanism established by the Secretary
shall take effect with respect to insurers, and health
insurance coverage offered or renewed, on or after 3
months after the date of the Secretary's finding under
paragraph (1), and until the date the Secretary finds
that such a failure has been corrected.
``(3) Federal civil right of action.--
``(A) In general.--Any individual aggrieved
as a result of conduct prohibited by section
2701 may bring a civil action in the
appropriate United States district court
against the insurer.
``(B) Relief.--Upon proof of such conduct
by a preponderance of the evidence, the insurer
shall be subject to a civil penalty that may
include temporary, preliminary, or permanent
injunctive relief and compensatory and punitive
damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's
attorneys. With respect to compensatory
damages, the aggrieved individual may elect, at
any time prior to the rendering of final
judgment, to recover in lieu of actual damages,
an award of statutory damages in the amount of
$5,000 for each violation.
``SEC. 2703. APPLICATION TO GROUP HEALTH PLANS AND ENFORCEMENT.
``(a) Application.--Subject to subsection (b), the prohibitions in
section 2701 and the standards developed under section 2702 shall apply
to group health plans providing health coverage in the same manner as
they apply to insurers providing health insurance coverage. The penalty
described in section 2702(d)(2)(B) may be imposed by the Secretary of
Labor on group health plans that are not in compliance with the
requirements of sections 2701 and 2702.
``(b) Substitution of Federal Officials.--For purposes of
subsection (a), any reference in section 2702 to--
``(1) a State or the Secretary of Health and Human Services
is deemed to be a reference to the Secretary of Labor; and
``(2) an insurer or health insurance coverage is deemed to
be a reference to a group health plan and health coverage,
respectively.
``(c) Enforcement.--For purposes of part 5 of subtitle B of title I
of the Employee Retirement Income Security Act of 1974 (29 U.S.C 1131
et seq.) the provisions of this title insofar as they relate to group
health plans shall be deemed to be provisions of title I of such Act
irrespective of exclusions under section 4(b) of such Act.
``(d) Regulatory Authority.--With respect to the regulatory
authority of the Secretary of Labor under this title pursuant to
subsection (c), section 505 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1135) shall apply.
``SEC. 2704. DEFINITIONS.
``For purposes of this title:
``(1) Association.--The term `Association' means the
National Association of Insurance Commissioners.
``(2) Insurer.--
``(A) In general.--The term `insurer' means a
health benefit plan or a health care provider that
conducts activities related to the protection of public
health.
``(B) Health benefit plan.--The term `health
benefit plan' means any public or private entity or
program that provides for payments for health care,
including--
``(i) a group health plan (as defined in
section 607 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1167)) or a
multiple employer welfare arrangement (as
defined in section 3(40) of such Act) that
provides health benefits; and
``(ii) any other health insurance
arrangement, including any arrangement
consisting of a hospital or medical expense
incurred policy or certificate, hospital or
medical service plan contract, or health
maintenance organization subscriber contract.
``(C) Health care provider.--The term `health care
provider' means a provider of services (as defined in
section 1861(u) of the Social Security Act ( 42 U.S.C.
1395u)), a physician, a supplier, or any other person
furnishing health care, including a Federal or State
program that provides directly for the provision of
health care to beneficiaries.
``(3) Victim of abuse.--The term `victim of abuse' means
the occurrence of one or more of the following acts between
family or household members, current or former sexual or
intimate partners, or persons sharing biological parenthood--
``(A) attempting to cause or intentionally,
knowingly, or recklessly causing bodily injury, rape,
or sexual abuse as such term is defined in section 2242
of title 18, United States Code.
``(B) placing, by physical menace, another
individual in reasonable fear of imminent serious
bodily injury;
``(C) infliction of false imprisonment; or
``(D) physically or sexually abusing minor
children.''. | Insurance Protection for Victims of Domestic Violence Act - Amends the Public Health Service Act to create a new title prohibiting health insurers from discriminating against an individual or group because the individual or a family member is the subject of abuse.
Mandates development of model standards. Requires each State to report on its implementation actions and, where States fail to act, provides for Federal enforcement involving civil fines against insurers and a Federal private right of action.
Provides for application of this Act to specified provisions of the Employee Retirement Income Security Act of 1974. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sensible Military Spending Act of
1996''.
SEC. 2. REDUCTION IN MILITARY SPENDING.
The amount spent by the Federal Government for activities within
budget function 050--
(1) during fiscal year 1997, may not exceed
$245,000,000,000;
(2) during fiscal year 1998, may not exceed
$235,000,000,000;
(3) during fiscal year 1999, may not exceed
$225,000,000,000;
(4) during fiscal year 2000, may not exceed
$215,000,000,000; and
(5) during fiscal year 2001, may not exceed
$210,000,000,000.
SEC. 3. REDUCTIONS FOR CERTAIN DEPARTMENT OF DEFENSE PROGRAMS.
(a) Reduction in Amounts Spent on Ballistic Missile Defense.--
Beginning with fiscal year 1997, the Secretary of Defense may not spend
more than $1,250,000,000 during a fiscal year for ballistic missile
defense research and development.
(b) Limitation on Production of B-2 Bombers.--The Secretary of
Defense may not procure more than 20 bombers under the B-2 aircraft
program.
(c) Termination of Funding for Conventional Arms Subsidies.--The
Secretary of Defense may not after the date of the enactment of this
Act obligate any funds to subsidize the marketing or financing of the
sale of conventional arms to another nation.
(d) Termination of Production of New SSN-21 Seawolf Attack
Submarines.--The Secretary of Defense may not after the date of the
enactment of this Act procure any additional vessels in the Seawolf
attack submarine class.
(e) Reduction in Spending on New Attack Submarine Program.--The
amount spent by the Secretary of Defense on the new attack submarine
program during fiscal year 1997 and each fiscal year thereafter may not
exceed 10 percent of the amount spent on such program during fiscal
year 1996.
(f) Reduction in Spending on F-22 Advanced Tactical Fighter
Program.--The amount spent by the Secretary of Defense on the F-22
Advanced Tactical Fighter program during fiscal year 1997 and each
fiscal year thereafter may not exceed 25 percent of the amount spent on
such program during fiscal year 1996.
(g) Termination of Production of New Trident II D-5 Nuclear
Missiles.--The Secretary of Defense may not after the date of the
enactment of this Act procure any additional Trident II D-5 nuclear
missiles.
(h) Reduction in Spending on Foreign Intelligence.--The amount
spent on foreign intelligence activities of the Government during
fiscal year 1997 and each fiscal year thereafter may not exceed 90
percent of the amount spent on such activities during fiscal year 1996.
(i) Cancellation of New Aircraft Carrier.--The Secretary of Defense
shall cancel the new aircraft carrier program of the Department of the
Navy. No funds may be obligated for that program after the date of the
enactment of this Act.
(j) Cancellation of MILSTAR Satellites.--The Secretary of Defense
shall cancel the procurement of new MILSTAR satellites. No funds may be
obligated for such satellites after the date of the enactment of this
Act.
(k) Termination of Production of C-17 Cargo Aircraft.--The
Secretary of Defense shall terminate procurement of the C-17 cargo
aircraft. No funds appropriated for a fiscal year after fiscal year
1996 may be obligated for procurement of such aircraft except as
necessary to meet required contract termination costs.
(l) Cancellation of Anti-Satellite Weapons Program.--The Secretary
of Defense shall cancel the anti-satellite weapons program. No funds
may be obligated for that program after the date of the enactment of
this Act.
SEC. 4. REDUCTIONS IN MILITARY SPENDING FROM FORCE STRUCTURE CHANGES.
The Secretary of Defense shall achieve any additional savings
necessary to reduce spending to the level of the funds available in a
fiscal year to the Department of Defense by reducing the active duty
force structure and by consolidation of bases and laboratories pursuant
to section 6. Any reduction in such active duty force structure shall
be achieved--
(1) without adverse impact on military readiness and
quality of life for the remaining forces;
(2) while providing adequate funds for military facility
environmental remediation and defense community and worker
transition; and
(3) while taking into account an increased level of
burdensharing by allies.
SEC. 5. REDUCTIONS FOR CERTAIN DEPARTMENT OF ENERGY PROGRAMS.
(a) Cancellation of New Tritium Production.--The Secretary of
Energy shall cancel the tritium production program. No funds may be
obligated for that program after the date of the enactment of this Act.
(b) Cancellation of Certain Technologies.--The Secretary of Energy
may not after the date of the enactment of this Act obligate any funds
for technologies used to separate fissile components, including
plutonium and highly enriched uranium, from spent nuclear fuel.
(c) Reduction in Spending on Nuclear Testing.--Beginning with
fiscal year 1997, the Secretary of Energy may not spend more than
$50,000,000 during a fiscal year for nuclear test site readiness.
(d) Reduction in Spending on Stockpile Stewardship.--The amount
spent by the Secretary of Energy on stockpile stewardship in carrying
out weapons activities for national security programs during fiscal
year 1997 and each fiscal year thereafter may not exceed 50 percent of
the amount spent on such stewardship during fiscal year 1996.
(e) Cancellation of NIF.--The Secretary of Energy shall terminate
construction of the National Ignition Facility. No funds may be
obligated for that facility after the date of the enactment of this Act
(f) Adequate Funding for Nuclear Weapons Environmental Restoration
and Waste Management.--The Secretary of Energy shall provide adequate
funds for environmental restoration and waste management activities at
nuclear weapons facilities of the Department of Energy in order to meet
all compliance requirements.
SEC. 6. FURTHER REDUCTIONS THROUGH CONSOLIDATION OF BASES AND
LABORATORIES.
After taking into account reductions in force structure made
pursuant to section 4, the Secretary of Defense and the Secretary of
Energy shall achieve any additional savings necessary to reduce
spending to the level of the funds available in a fiscal year to the
Department of Defense and to the national security programs of the
Department of Energy by consolidating bases and laboratories of the
Department of Defense, the Department of Energy, and the National
Aeronautics and Space Administration. | Sensible Military Spending Act of 1996 - Limits the fiscal year budget for activities within budget function 050 (military spending) to $245 billion for FY 1997, with annual $10 billion reductions in such amounts through FY 2000. Limits such budget to $210 billion in FY 2001.
Prohibits the Secretary of Defense, beginning in FY 1997, from spending more than $1.25 billion during a fiscal year for ballistic missile defense research and development. Prohibits the Secretary from: (1) procuring more than 20 bombers under the B-2 aircraft program; (2) obligating any funds to subsidize the marketing or financing of the sale of conventional arms to another nation; (3) procuring any additional vessels in the Seawolf attack submarine class; or (4) procuring any additional Trident II D-5 nuclear submarines.
Prohibits the amount of funds expended during FY 1997 and each fiscal year thereafter on: (1) the new attack submarine from exceeding ten percent of its FY 1996 amount; (2) the F-22 advanced tactical fighter program from exceeding 25 percent of its FY 1996 amount; and (3) foreign intelligence activities from exceeding 90 percent of its FY 1996 amount.
Directs the Secretary to cancel or terminate the: (1) Navy's new aircraft carrier program; (2) procurement of new MILSTAR satellites; (3) procurement of C-17 cargo aircraft; and (4) anti-satellite weapons program.
Directs the Secretary to achieve any additional savings necessary to reach the military spending limits required under this Act by reducing the active duty force structure and by the consolidation of bases and laboratories, with conditions.
States that the Secretary of Energy: (1) shall cancel the tritium production program; (2) may not obligate funds after the date of enactment of this Act for technologies used to separate fissile components; (3) beginning with FY 1997, may not spend more than $50 million during a fiscal year for nuclear test site readiness; (4) in carrying out weapons activities for national security programs under the stockpile stewardship program, may not, during FY 1997 and thereafter, exceed 50 percent of its FY 1996 amount; (5) shall terminate construction of the National Ignition Facility; and (6) shall provide adequate funds for environmental restoration and waste management activities at Department of Energy (DOE) nuclear facilities in order to meet all compliance requirements.
Directs each Secretary, after taking into account any reductions in force structure under this Act, to achieve any required additional savings by consolidating bases and laboratories of the Department of Defense, DOE, and the National Aeronautics and Space Administration. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meeting the Housing and Service
Needs of Seniors Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The senior population (persons 65 or older) in this
country is rapidly growing, and is expected to increase from
34,700,000 in 2000 to nearly 40,000,000 by 2010, and then will
dramatically increase to over 50,000,000 by 2020.
(2) By 2020, the population of ``older'' seniors, those
over age 85, is expected to double to 7,000,000, and then
double again to 14,000,000 by 2040.
(3) As the senior population increases, so does the need
for additional safe, decent, affordable, and suitable housing
that meets their unique needs.
(4) Due to the health care, transportation, and service
needs of seniors, issues of providing suitable and affordable
housing opportunities differ significantly from the housing
needs of other families.
(5) Seniors need access to a wide array of housing options,
such as affordable assisted living, in-home care, supportive or
service-enriched housing, and retrofitted homes and apartments
to allow seniors to age in place and to avoid premature
placement in institutional settings.
(6) While there are many programs in place to assist
seniors in finding and affording suitable housing and accessing
needed services, these programs are fragmented and spread
across many agencies, making it difficult for seniors to access
assistance or to receive comprehensive information.
(7) Better coordination among Federal agencies is needed,
as is better coordination at State and local levels, to ensure
that seniors can access government activities, programs,
services, and benefits in an effective and efficient manner.
(8) Up to date, accurate, and accessible statistics on key
characteristics of seniors, including conditions, behaviors,
and needs, are required to accurately identify the housing and
service needs of seniors.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``housing'' means any form of residence,
including rental housing, homeownership, assisted living, group
home, supportive housing arrangement, nursing facility, or any
other physical location where a person can live.
(2) The term ``service'' includes transportation, health
care, nursing assistance, meal, personal care and chore
services, assistance with daily activities, mental health care,
physical therapy, case management, and any other services
needed by seniors to allow them to stay in their housing or
find alternative housing that meets their needs.
(3) The term ``program'' includes any Federal or State
program providing income support, health benefits or other
benefits to seniors, housing assistance, mortgages, mortgage or
loan insurance or guarantees, housing counseling, supportive
services, assistance with daily activities, or other assistance
for seniors.
(4) The term ``Council'' means the Interagency Council on
Meeting the Housing and Service Needs of Seniors.
(5) The term ``senior'' means any individual 65 years of
age or older.
SEC. 4. INTERAGENCY COUNCIL ON MEETING THE HOUSING AND SERVICE NEEDS OF
SENIORS.
(a) Establishment.--There is established in the executive branch an
independent council to be known as the Interagency Council on Meeting
the Housing and Service Needs of Seniors.
(b) Objectives.--The objectives of the Council are as follows:
(1) To promote coordination and collaboration among the
Federal departments and agencies involved with housing, health
care, and service needs of seniors in order to better meet the
needs of senior citizens.
(2) To identify the unique housing and service needs faced
by seniors around the country and to recommend ways that the
Federal Government, States, State and local governments, and
others can better meet those needs, including how to ensure
that seniors can find and afford housing that allows them to
access health care, transportation, nursing assistance, and
assistance with daily activities where they live or in their
communities.
(3) To facilitate the aging in place of seniors, by
identifying and making available the programs and services
necessary to enable seniors to remain in their homes as they
age.
(4) To improve coordination among the housing and service
related programs and services of Federal agencies for seniors
and to make recommendations about needed changes with an
emphasis on--
(A) maximizing the impact of existing programs and
services;
(B) reducing or eliminating areas of overlap and
duplication in the provision and accessibility of such
programs and services; and
(C) making access to programs and services easier
for seniors around the country.
(5) To increase the efficiency and effectiveness of
existing housing and service related programs and services
which serve seniors.
(6) To establish an ongoing system of coordination among
and within such agencies or organizations so that the housing
and service needs of seniors are met in a more efficient
manner.
(c) Membership.--The Council shall be composed of the following:
(1) The Secretary of Housing and Urban Development or a
designee of the Secretary.
(2) The Secretary of Health and Human Services or a
designee of the Secretary.
(3) The Secretary of Agriculture or a designee of the
Secretary.
(4) The Secretary of Transportation or a designee of the
Secretary.
(5) The Secretary of Labor or a designee of the Secretary.
(6) The Secretary of Veterans Affairs or a designee of the
Secretary.
(7) The Secretary of the Treasury or a designee of the
Secretary.
(8) The Commissioner of the Social Security Administration
or a designee of the Commissioner.
(9) The Administrator of the Centers for Medicare and
Medicaid Services or a designee of the Administrator.
(10) The Administrator of the Administration on Aging or a
designee of the Administrator.
(11) The head (or designee) of any other Federal agency as
the Council considers appropriate.
(12) State and local representatives knowledgeable about
the needs of seniors as chosen by the Council members described
in paragraphs (1) through (11).
(d) Chairperson.--The Chairperson of the Council shall alternate
between the Secretary of Housing and Urban Development and the
Secretary of Health and Human Services on an annual basis.
(e) Vice Chair.--Each year, the Council shall elect a Vice Chair
from among its members.
(f) Meetings.--The Council shall meet at the call of its
Chairperson or a majority of its members at any time, and no less often
than quarterly. The Council shall hold meetings with stakeholders and
other interested parties at least twice a year, so that the opinions of
such parties can be taken into account and so that outside groups can
learn of the Council's activities and plans.
SEC. 5. FUNCTIONS OF THE COUNCIL.
(a) Relevant Activities.--In carrying out its objectives, the
Council shall--
(1) review all Federal programs and services that assist
seniors in finding, affording, and rehabilitating housing,
including those that assist seniors in accessing health care,
transportation, supportive services, and assistance with daily
activities, where or close to where seniors live;
(2) monitor, evaluate, and recommend improvements in
existing programs and services administered, funded, or
financed by Federal, State, and local agencies to assist
seniors in meeting their housing and service needs and make any
recommendations about how agencies can better work to house and
serve seniors; and
(3) recommend ways--
(A) to reduce duplication among programs and
services by Federal agencies that assist seniors in
meeting their housing and service needs;
(B) to ensure collaboration among and within
agencies in the provision and availability of programs
and services so that seniors are able to easily access
needed programs and services;
(C) to work with States to better provide housing
and services to seniors by--
(i) holding individual meetings with State
representatives;
(ii) providing ongoing technical assistance
to States in better meeting the needs of
seniors; and
(iii) working with States to designate
State liaisons to the Council;
(D) to identify best practices for programs and
services that assist seniors in meeting their housing
and service needs, including model--
(i) programs linking housing and services;
(ii) financing products offered by
government, quasi-government, and private
sector entities;
(iii) land use, zoning, and regulatory
practices; and
(iv) innovations in technology applications
that give seniors access to information on
available services;
(E) to collect and disseminate information about
seniors and the programs and services available to them
to ensure that seniors can access comprehensive
information;
(F) to hold biannual meetings with stakeholders and
other interested parties (or to hold open Council
meetings) to receive input and ideas about how to best
meet the housing and service needs of seniors;
(G) to maintain an updated website of policies,
meetings, best practices, programs, services, and any
other helpful information to keep people informed of
the Council's activities; and
(H) to work with the Federal Interagency Forum on
Aging Statistics, the Census Bureau, and member
agencies to collect and maintain data relating to the
housing and service needs of seniors so that all data
can be accessed in one place and to identify and
address unmet data needs.
(b) Reports.--
(1) By members.--Each year, the head of each agency that is
a member of the Council shall prepare and transmit to the
Council a report that describes--
(A) each program and service administered by the
agency that serves seniors and the number of seniors
served by each program or service, the resources
available in each, as well as a breakdown of where each
program and service can be accessed;
(B) the barriers and impediments, including
statutory or regulatory, to the access and use of such
programs and services by seniors;
(C) the efforts made by each agency to increase
opportunities for seniors to find and afford housing
that meet their needs, including how the agency is
working with other agencies to better coordinate
programs and services; and
(D) any new data collected by each agency relating
to the housing and service needs of seniors.
(2) By the council.--Each year, the Council shall prepare
and transmit to the President, the Senate Committee on Banking,
Housing, and Urban Affairs, the Senate Committee on Health,
Education, Labor, and Pensions, the House Financial Services
Committee, and the House Committee on Education and the
Workforce a report that--
(A) summarizes the reports required in paragraph
(1);
(B) utilizes recent data to assess the nature of
the problems faced by seniors in meeting their unique
housing and service needs;
(C) provides a comprehensive and detailed
description of the programs and services of the Federal
Government in meeting the needs and problems described
in subparagraph (B);
(D) describes the activities and accomplishments of
the Council in working with Federal, State, and local
governments, and private organizations in coordinating
programs and services to meet the needs described in
subparagraph (B) and the resources available to meet
those needs;
(E) assesses the level of Federal assistance
required to meet the needs described in subparagraph
(B); and
(F) makes recommendations for appropriate
legislative and administrative actions to meet the
needs described in subparagraph (B) and for
coordinating programs and services designed to meet
those needs.
SEC. 6. POWERS OF THE COUNCIL.
(a) Hearings.--The Council may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Council considers advisable to carry out the purposes of this
Act.
(b) Information From Agencies.--Agencies which are members of the
Council shall provide all requested information and data to the Council
as requested.
(c) Postal Services.--The Council may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(d) Gifts.--The Council may accept, use, and dispose of gifts or
donations of services or property.
SEC. 7. COUNCIL PERSONNEL MATTERS.
(a) Compensation of Members.--All members of the Council who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Council.
(c) Staff.--
(1) In general.--The Council shall, without regard to civil
service laws and regulations, appoint and terminate an
Executive Director and such other additional personnel as may
be necessary to enable the Council to perform its duties.
(2) Executive director.--The Council shall appoint an
Executive Director at its initial meeting. The Executive
Director shall be compensated at a rate not to exceed the rate
of pay payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(3) Compensation.--With the approval of the Council, the
Executive Director may appoint and fix the compensation of such
additional personnel as necessary to carry out the duties of
the Council. The rate of compensation may be set without regard
to the provisions of chapter 51 and subchapter II of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(d) Temporary and Intermittent Services.--In carrying out its
objectives, the Council may procure temporary and intermittent services
of consultants and experts under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of such title.
(e) Detail of Government Employees.--Upon request of the Council,
any Federal Government employee may be detailed to the Council without
reimbursement, and such detail shall be without interruption or loss of
civil service status or privilege.
(f) Administrative Support.--The Secretary of Housing Urban
Development and the Secretary of Health and Human Services shall
provide the Council with such administrative and supportive services as
are necessary to ensure that the Council can carry out its functions.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$1,500,000 for each of fiscal years 2005 through 2010. | Meeting the Housing and Service Needs of Seniors Act of 2005 - Establishes in the executive branch the independent Interagency Council on Meeting the Housing and Service Needs of Seniors, which shall identify and promote coordination of senior citizen housing, health care, and service needs. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are over 600 different Federal financial
assistance programs to implement domestic policy;
(2) while the assistance described in paragraph (1) has
been directed at critical problems, some Federal administrative
requirements may be duplicative, burdensome, or conflicting,
thus impeding cost-effective delivery of services at the local
level;
(3) the Nation's State, local, and tribal governments and
private, nonprofit organizations are dealing with increasingly
complex problems which require the delivery and coordination of
many kinds of services; and
(4) streamlining and simplifying Federal financial
assistance administrative procedures and reporting requirements
will improve the delivery of services to the public.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) improve the effectiveness and performance of Federal
financial assistance programs;
(2) simplify Federal financial assistance application and
reporting requirements;
(3) improve the delivery of services to the public; and
(4) facilitate greater coordination among those responsible
for delivering such services.
SEC. 4. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(2) Federal agency.--The term ``Federal agency'' means any
agency as defined under section 551(1) of title 5, United
States Code.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given that term under
section 7501(a) of title 31, United States Code, under which
Federal financial assistance is provided, directly or
indirectly, to a non-Federal entity.
(4) Local government.--The term ``local government'' has
the meaning given that term under section 7501(a) of title 31,
United States Code.
(5) Non-federal entity.--The term ``non-Federal entity''
means a State, local government, or nonprofit organization.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means any corporation, trust, association,
cooperative, or other organization that--
(A) is operated primarily for scientific,
educational, service, charitable, or similar purposes
in the public interest;
(B) is not organized primarily for profit; and
(C) uses net proceeds to maintain, improve, or
expand the operations of the organization.
(7) State.--The term ``State'' means each State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the United
States, and any instrumentality thereof, any multi-State,
regional, or interstate entity which has governmental
functions, and any federally recognized Indian tribe.
(8) Tribal government.--The term ``tribal government''
means an Indian tribe, as that term is defined in section
7501(a) of title 31, United States Code.
(9) Uniform administrative rule.--The term ``uniform
administrative rule'' means a Governmentwide uniform rule for
any generally applicable requirement established to achieve
national policy objectives that applies to multiple Federal
financial assistance programs across Federal agencies.
SEC. 5. DUTIES OF THE DIRECTOR.
(a) In General.--The Director, in consultation with agency heads
and representatives of non-Federal entities, shall direct, coordinate,
and assist Federal agencies in implementing--
(1) a common application and reporting system, including--
(A) a common application or set of common
applications, wherein a non-Federal entity can apply
for Federal financial assistance from multiple Federal
financial assistance programs that serve similar
purposes and are administered by different Federal
agencies;
(B) a common system, including electronic
processes, wherein a non-Federal entity can apply for,
manage, and report on the use of funding from multiple
Federal financial assistance programs that serve
similar purposes and are administered by different
Federal agencies; and
(C) uniform administrative rules for Federal
financial assistance programs across different Federal
agencies; and
(2) an interagency process for addressing--
(A) ways to streamline and simplify Federal
financial assistance administrative procedures and
reporting requirements for non-Federal entities;
(B) improved interagency and intergovernmental
coordination of information collection and sharing of
data pertaining to Federal financial assistance
programs, including appropriate information sharing
consistent with section 552a of title 5, United States
Code; and
(C) improvements in the timeliness, completeness,
and quality of information received by Federal agencies
from recipients of Federal financial assistance.
(b) Lead Agency and Working Groups.--The Director may designate a
lead agency to assist the Director in carrying out the responsibilities
under this section. The Director may use interagency working groups to
assist in carrying out such responsibilities.
(c) Review of Plans and Reports.--Upon the request of the Director,
agencies shall submit to the Director, for the Director's review,
information and other reporting regarding agency implementation of this
Act.
(d) Exemptions.--The Director may exempt any Federal agency or
Federal financial assistance program from the requirements of this Act
if the Director determines that the Federal agency does not have a
significant number of Federal financial assistance programs. The
Director shall maintain a list of exempted agencies which shall be
available to the public through the website of the Office of Management
and Budget.
(e) Report on Recommended Changes in Law.--Not later than 18 months
after the date of the enactment of this Act, the Director shall submit
to Congress a report containing recommendations for changes in law to
improve the effectiveness, performance, and coordination of Federal
financial assistance programs.
(f) Deadline.--All actions required under this section shall be
carried out not later than 18 months after the date of the enactment of
this Act.
SEC. 6. COLLECTION OF INFORMATION.
Nothing in this Act shall be construed to prevent the Director or
any Federal agency from gathering, or to exempt any recipient of
Federal financial assistance from providing, information that is
required for review of the financial integrity or quality of services
of an activity assisted by a Federal financial assistance program.
SEC. 7. JUDICIAL REVIEW.
There shall be no judicial review of compliance or noncompliance
with any of the provisions of this Act. No provision of this Act shall
be construed to create any right or benefit, substantive or procedural,
enforceable by any administrative or judicial action.
SEC. 8. STATUTORY REQUIREMENTS.
Nothing in this Act shall be construed as a means to deviate from
the statutory requirements relating to applicable Federal financial
assistance programs.
SEC. 9. EFFECTIVE DATE AND SUNSET.
This Act shall take effect on the date of the enactment of this Act
and shall cease to be effective 8 years after such date of enactment. | Federal Financial Assistance Management Improvement Act of 2012 - Requires the Director of the Office of Management and Budget (OMB) to direct, coordinate, and assist federal agencies in implementing: (1) a common application and reporting system and uniform administrative rules for federal financial assistance programs; and (2) an interagency process for addressing ways to streamline and simplify federal financial assistance administrative procedures and reporting requirements for state and local governments and nonprofit organizations (non-federal entities), improved interagency and intergovernmental coordination of information collection and data sharing, and improvements in the timeliness, completeness, and quality of information received by agencies from recipients of federal financial assistance. Authorizes the Director to exempt any federal agency or federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of federal financial assistance programs. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Medicare Seniors from
being Confused due to Abusive Marketing (Prevent Medicare SCAMs) Act of
2005''.
SEC. 2. STRICTER PENALTIES FOR MA-PD PLANS AND MEDICARE PRESCRIPTION
DRUG PLANS THAT VIOLATE MARKETING REQUIREMENTS.
Section 1857(g) of the Social Security Act (42 U.S.C. 1395w-27(g))
is amended by adding at the end the following new paragraph:
``(5) Determinations related to violations of marketing
requirements of ma-pd plans and prescription drug plans.--For
purposes of paragraphs (2) and (3), in the case that the
Secretary makes a determination under paragraph (1)(E)(ii) or
subsection (c)(2) because an MA-PD plan under this part or a
prescription drug plan under part D is in violation of an
applicable requirement relating to marketing and such a
violation involves mail, phone calls, emails, or pieces of
other marketing material or communication specified by the
Secretary, each piece of mail, each phone call, each email, and
each piece of other marketing material or communication
involved shall represent a separate determination of such a
violation.''.
SEC. 3. PUBLIC NOTIFICATION OF MEDICARE PRESCRIPTION DRUG PLANS AND MA-
PD PLANS THAT HABITUALLY RECEIVE INTERMEDIATE SANCTIONS.
Section 1860D-4(a) of such Act (42 U.S.C. 13953-104(a)) is amended
by adding at the end the following new paragraph:
``(5) Public notification of medicare prescription drug
plans and ma-pd plans with habitual violations.--
``(A) In general.--For 2008 and each succeeding
year, not later than the notice and posting date
described in subparagraph (C) for such a year, the
Secretary shall--
``(i) provide written notice to each part D
eligible individual of the prescription drug
habitual sanctions information described in
subparagraph (B); and
``(ii) post such information on the
official public Internet site of the Department
of Health and Human Services and the official
public Internet site of the Centers of Medicare
& Medicaid Services.
``(B) Prescription drug habitual sanctions
information.--For purposes of subparagraph (A), the
prescription drug habitual sanctions information
described in this subparagraph for a year is the
following:
``(i) The name of--
``(I) each prescription drug plan
under this part to which the Secretary
applied at least three sanctions under
section 1857(g), as applied under
section 1860D-12(b)(3)(E), during any
24-month period that preceeds the
applicable notice and posting date for
such year; and
``(II) each MA-PD plan under part C
to which the Secretary applied at least
three sanctions under section 1857(g)
during such 24-month period.
``(ii) For each plan described in clause
(i), a description of the date and type of
violation for each sanction described in such
clause.
``(C) Notice and posting date.--For purposes of
this paragraph, the notice and posting date described
in this subparagraph for 2008 and each succeeding year
is the first day of the annual, coordinated election
period under section 1851(e)(3)(B)(iv) for such
year.''.
SEC. 4. PERMITTING MEDICARE BENEFICIARIES ENROLLED UNDER SANCTIONED
PRESCRIPTION DRUG PLANS TO ENROLL UNDER OTHER PLANS.
Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-
101(b)(3)) is amended by adding at the end the following new
subparagraph:
``(F) Enrollment under sanctioned prescription drug plan.--
In the case of a part D eligible individual who is enrolled in
a prescription drug plan, if enrollment in the plan is
suspended under section 1857(g)(3)(C), as applied under section
1860D-12(b)(3)(E), because of a failure of the plan to meet
applicable requirements relating to marketing or provision of
services, the special enrollment period shall be the period of
such suspension of enrollment.''.
SEC. 5. GAO STUDY ON ANTI-FRAUD AND ABUSE PROVISIONS AND SANCTIONS FOR
MEDICARE PRESCRIPTION DRUG BENEFIT AND UNDER MA-PD PLANS.
(a) Study.--Not later than November 15, 2007, the Comptroller
General of the United States shall conduct a study--
(1) to identify and describe each anti-fraud and abuse
provision (including intermediate sanctions relating to such
provisions) that is applicable to an MA-PD plan under part C of
title XVIII of the Social Security Act or a prescription drug
plan under part D of such title; and
(2) to assess the effectiveness of the provisions described
in paragraph (1) and the overall compliance of MA-PD plans
under part C of title XVIII of such Act and prescription drug
plans under part D of such title with such provisions.
(b) Report.--Not later than May 15, 2008, the Comptroller General
of the United States shall submit a report to Congress of the results
of the study under subsection (a). | Preventing Medicare Seniors from being Confused due to Abusive Marketing (Prevent Medicare SCAMs) Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) enhanced penalties for Medicare Advantage-Prescription Drug (MA-PD) plans and Medicare prescription drug plans that violate marketing requirements; and (2) public notification about plans that habitually receive intermediate sanctions.
Permits Medicare beneficiaries enrolled under prescription drug plans suspended under this Act to enroll under other plans during the period of suspension.
Directs the Comptroller General to study and report to Congress on each anti-fraud and abuse provision (including related intermediate sanctions) applicable to an MA-PD plan or a Medicare prescription drug plan, and assess its effectiveness and the overall compliance of such plans. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Finance Innovation
Demonstration Act of 2010''.
SEC. 2. VEHICLE MILEAGE TAX FOR MOBILE MOUNTED CONCRETE BOOM PUMPS.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986
(relating to certain other excise taxes) is amended by inserting after
subchapter D the following new subchapter:
``Subchapter E--Vehicle Mileage Tax
``Sec. 4491. Imposition of tax.
``Sec. 4492. Mobile mounted concrete boom pump vehicle defined.
``Sec. 4493. Method of collecting tax.
``SEC. 4491. IMPOSITION OF TAX.
``(a) Imposition of Tax.--There is hereby imposed on each mobile
mounted concrete boom pump vehicle a tax determined at the applicable
rate per mile for each mile traveled in the United States.
``(b) Applicable Rate.--For purposes of subsection (a), the
applicable rate shall be--
``(1) $0.05 per mile for a mobile mounted concrete boom
pump vehicle with a gross vehicle weight which does not exceed
60,000 pounds, and
``(2) $0.07 per mile for a mobile mounted concrete boom
pump vehicle with a gross vehicle weight which exceeds 60,000
pounds.
``(c) By Whom Paid.--The tax imposed by subsection (a) shall be
paid by the owner of the mobile mounted concrete boom pump vehicle.
``(d) Credit Against Tax.--At the election of the taxpayer, there
shall be allowed as a credit against the tax imposed by subsection (a)
for any taxable period the amount of tax imposed with respect to such
vehicle under sections 4053, 4081, and 4481 for such period. The credit
allowed under the preceding sentence with respect to a quantity of
liquid shall be in lieu of a payment under section 6427 with respect to
such quantity.
``(e) Special Rules for Determining Mileage.--In determining
mileage for purposes of this section, the Secretary shall work in close
coordination with the Secretary of Transportation to develop a system
for administration and compliance with this section. Such system
shall--
``(1) work in tandem with the engine control modules of the
affected vehicles,
``(2) minimize the administrative burdens on pump owners
and operators,
``(3) minimize the administrative burden on the Department
of Transportation,
``(4) integrate with State and local transportation revenue
mechanisms (including demand management systems),
``(5) protect the privacy of participating companies and
employees, and
``(6) allow third party administrators to manage data
collection and refund payments to operators.
There is authorized to be appropriated not more than $5,000,000 for
costs associated with developing and implementing such system,
including for making grants to private companies where appropriate to
develop and deploy on-board technologies to track and report road miles
traveled.
``SEC. 4492. MOBILE MOUNTED CONCRETE BOOM PUMP VEHICLE DEFINED.
``For purposes of this subchapter, the term `mobile mounted
concrete boom pump vehicle' means a vehicle--
``(1) which is mobile machinery (as defined in section
4053(8)), and
``(2) on which the mounted machinery consists of a concrete
boom pump and related subordinate parts.
``SEC. 4493. METHOD OF COLLECTING TAX.
``(a) Collection by Return.--The taxes imposed by section 4491
shall be collected on the basis of a return for a calendar quarter. The
Secretary shall, by regulation, prescribe the time for filing such
return, the information to be shown in such return, and the time for
payment of such tax.
``(b) Payment Due Date.--Except as otherwise provided in this
subsection, the last day for payment of such tax shall be the 14th day
after the last day of the calendar quarter for which the return is
filed under subsection (a).
``(c) Calendar Quarter.--For purposes of this section, the term
`calendar quarter' means the three-month period ending on March 31,
June 30, September 30, or December 31.''.
(b) Highway Mileage Limitation Not Applicable.--Subparagraph (C) of
section 6421(e)(2) of such Code is amended by adding at the end the
following new clause:
``(v) Exception to use requirement for
mobile mounted concrete boom pump vehicle.--In
the case of a mobile mounted concrete boom pump
vehicle (as defined in section 4492), clause
(ii) shall be applied without regard to
subclause (II) (relating to the use-based
test).''.
(c) Nontaxable Use.--Subsection (b) of section 4082 of such Code
(defining nontaxable use) is amended by inserting ``(other than a use
by a vehicle described in clause (v) thereof'' after ``section
6421(e)(2)(C)''.
(d) Deposit Into Highway Trust Fund.--Paragraph (1) of section
9503(b) of such Code (relating to transfer to Highway Trust Fund of
amounts equivalent to certain taxes and penalties) 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 paragraph (E) the following new subparagraph:
``(F) section 4491 (relating to vehicle mileage
tax).''.
(e) Clerical Amendment.--The table of subchapters for chapter 36 of
such Code is amended by inserting after the item relating to subchapter
D the following new item:
``subchapter e. vehicle mileage tax''.
(f) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011. | Transportation Finance Innovation Demonstration Act of 2010 - Amends the Internal Revenue Code to impose a vehicle mileage tax on mobile mounted concrete boom pump vehicles. Defines "mobile mounted concrete boom pump vehicle" as a vehicle which is mobile machinery and on which the mounted machinery consists of a concrete boom pump and related subordinate parts. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Same Insurance as Congress Act of
1998''.
SEC. 2. PROVISIONS TO MAKE FEHBP COVERAGE AVAILABLE TO INDIVIDUALS AND
SMALL EMPLOYERS.
(a) In General.--Chapter 89 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 8915. Expanded access to coverage
``(a) In General.--A contract may not be made or a plan approved
unless the carrier agrees to offer to eligible individuals, throughout
each term for which the contract or approval remains effective, the
same benefits (subject to the same maximums, limitations, exclusions,
and other similar terms or conditions and the same guidelines as are
applied by the Office of Personnel Management) as would be offered
under such contract or plan to employees and annuitants and their
family members.
``(b) Eligible Individuals.--An individual shall be eligible to
enroll under a plan or contract under this chapter pursuant to
subsection (a) if such individual--
``(1) is not eligible to be enrolled in a group health plan
(as such term is defined in section 2791(a) of the Public
Health Service Act (42 U.S.C. 300gg-1(a));
``(2) is not eligible for benefits under the medicare
program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.), for medical assistance under a State medicaid
plan under title XIX of such Act (42 U.S.C. 1396 et seq.), or
child health assistance under a State children's health
insurance program under title XXI of such Act (42 U.S.C. 1397aa
et seq.); and
``(3) meets such other requirements as the Office, by
regulation, may impose.
``(c) Enrollment.--The Office shall provide for the implementation
of procedures to provide for an annual open enrollment period during
which individuals may enroll with a plan or contract for coverage under
this section.
``(d) Premiums.--Premiums for coverage under this section shall be
established by the carriers in conformance with such requirements as
the Office shall by regulation prescribe, including provisions to
ensure conformance with generally accepted standards and practices
associated with community rating. Nothing in this section shall be
construed as providing or requiring that the premiums so established
shall be the same as the premiums established for coverage offered
under this chapter other than under this section.
``(e) Contributions and Benefits.--In no event shall the enactment
of this section result in--
``(1) any increase in the level of individual contributions
by employees or annuitants as required under section 8906 or
under any other provision of this chapter, including copayments
or deductibles;
``(2) the payment by the Government of any premiums
associated with coverage under this section;
``(3) any decrease in the types of benefits offered under
this chapter; or
``(4) any other change that would adversely affect the
coverage afforded under this chapter to employees and
annuitants and their family members.
``(f) Exclusion of Certain Carriers.--
``(1) In general.--A carrier may file an application with
the Office setting forth reasons why such carrier, or a plan
provided by such carrier, should be excluded from the
requirements of this section.
``(2) Consideration of factors.--In reviewing an
application under paragraph (1), the Office may consider such
factors as--
``(A) any bona fide enrollment restrictions which
would make the application of this section
inappropriate, including those common to plans which
are limited to individuals having a past or current
employment relationship with a particular agency or
other authority of the Government;
``(B) whether compliance with this section would
jeopardize the financial solvency of the plan or
carrier, or otherwise compromise its ability to offer
health benefits under the preceding provisions of this
chapter; and
``(C) the anticipated duration of the requested
exclusion and what efforts the plan or carrier proposes
to take in order to be able to comply with this
section.
``(g) Application of Section.--Except as the Office may by
regulation prescribe, any reference to this chapter (or any requirement
of this chapter), made in any provision of law, shall not be considered
to include this section (or any requirement of this section).
``(h) Termination.--This section shall terminate on the date that
is 10 years after the date of enactment of this section.''.
(b) Clerical Amendment.--The table of sections for such is amended
by adding at the end the following:
``8915. Expanded access to coverage.''. | Same Insurance as Congress Act of 1998 - Requires any carrier of a plan approved under the Federal Employees Health Benefits Program to offer health insurance to individuals who are not eligible: (1) to be enrolled in a group health plan; or (2) for Medicare, Medicaid, or Children's Health Insurance Program benefits under the Social Security Act. Sets forth provisions concerning premiums, contributions, benefits, and the exclusion of a carrier or plan. Terminates the provisions of this Act ten years after enactment. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crowdsourcing and Citizen Science
Act of 2016''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the authority granted to Federal agencies under the
America COMPETES Reauthorization Act of 2010 (Public Law 111-
358) to pursue the use of incentive prizes and challenges has
yielded numerous benefits;
(2) crowdsourcing and citizen science projects have a
number of additional unique benefits, including accelerating
scientific research and data acquisition, improving science
literacy, and connecting citizens to the missions of Federal
agencies; and
(3) granting Federal agencies the direct, explicit
authority to use crowdsourcing and citizen science will
encourage its appropriate use, including protection of human
subjects and other ethical considerations, to advance agency
missions and stimulate and facilitate broader public
participation in the innovation process, yielding numerous
benefits to the Federal Government and citizens who participate
in such projects.
SEC. 3. CROWDSOURCING AND CITIZEN SCIENCE.
(a) Definitions.--In this section:
(1) Citizen science.--The term ``citizen science'' means a
form of open collaboration in which individuals or
organizations participate in the scientific process in various
ways, including--
(A) enabling the formulation of research questions;
(B) creating and refining project design;
(C) conducting scientific experiments;
(D) collecting and analyzing data;
(E) interpreting the results of data;
(F) developing technologies and applications;
(G) making discoveries; and
(H) solving problems.
(2) Crowdsourcing.--The term ``crowdsourcing'' means a
method to obtain needed services, ideas, or content by
soliciting voluntary contributions from a group of individuals
or organizations, especially from an online community.
(3) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(4) Federal agency.--The term ``Federal agency''--
(A) except as provided in subparagraph (B), means--
(i) any Executive agency (as defined in
section 105 of title 5, United States Code);
and
(ii) any military department (as set forth
in section 102 of such title); and
(B) does not include any legislative branch agency.
(5) Participant.--The term ``participant'' means any
individual or other entity that has consented as a volunteer in
a crowdsourcing or citizen science project under this section.
(6) Related entity.--The term ``related entity'' means--
(A) a Federal Government contractor or
subcontractor, at any tier; and
(B) a supplier, user, customer, cooperating party,
grantee, investigator, fellow, or detailee of a Federal
agency.
(b) Crowdsourcing and Citizen Science Authorized.--
(1) In general.--The head of each Federal agency, or the
heads of multiple Federal agencies working cooperatively, may
utilize crowdsourcing and citizen science approaches to conduct
activities designed to advance the mission of the respective
Federal agency or the joint mission of Federal agencies, as
applicable.
(2) Voluntary services.--Notwithstanding section 1342 of
title 31, United States Code, the head of a Federal agency may
accept, subject to regulations issued by the Office of
Personnel Management, voluntary services from participants
under this section if such services--
(A) are performed as a part of a crowdsourcing or
citizen science project authorized under paragraph (1);
(B) are not financially compensated for their time;
and
(C) will not be used to displace any employee of
the Federal Government.
(c) Participation.--
(1) Outreach.--The head of each Federal agency engaged in a
crowdsourcing or citizen science project under this section
shall make public and promote such project to encourage broad
participation of consenting participants.
(2) Consent, registration, and terms of use.--
(A) In general.--Each Federal agency is authorized
to determine the appropriate level of consent,
registration, or acknowledgment of the terms of use
that is required from participants in crowdsourcing or
citizen science projects on a per-project basis.
(B) Disclosures.--In seeking consent, conducting
registration, or developing terms of use for a project
under this subsection, a Federal agency shall disclose
the privacy, intellectual property, data ownership,
compensation, service, program, and other terms of use
to the participant in a clear and reasonable manner.
(C) Mode of consent.--A Federal agency or Federal
agencies, as applicable, may obtain consent
electronically or in written form from participants to
the volunteer service terms of a crowdsourcing or
citizen science project authorized under this section.
(3) Protections for human subjects.--Any crowdsourcing or
citizen science project that involves research involving human
subjects shall be subject to part 46 of title 28, Code of
Federal Regulations (or any successor regulation).
(4) Data.--While not neglecting security and privacy
protections, Federal agencies shall endeavor to make data
collected through a crowdsourcing or citizen science project
authorized under this section open and available, in machine
readable formats, to the public. As part of the consent
process, the Federal agency shall notify all participants--
(A) of the expected uses of the data compiled
through the project;
(B) if the Federal agency will retain ownership of
such data;
(C) if and how the data and results from the
project would be made available for public or third
party use; and
(D) if participants are authorized to publish such
data.
(5) Technologies and applications.--While not neglecting
the intellectual property rights of the Federal Government,
Federal agencies shall endeavor to make technologies,
applications, code, and derivations of such intellectual
property developed through a crowdsourcing or citizen science
project under this section open and available to the public.
(6) Liability.--Each participant in a crowdsourcing or
citizen science project under this section shall agree--
(A) to assume any and all risks associated with
such participation; and
(B) to waive all claims against the Federal
Government and its related entities, except for claims
based on willful misconduct, for any injury, death,
damage, or loss of property, revenue, or profits
(whether direct, indirect, or consequential) arising
from participation in the project.
(7) Scientific integrity.--Federal agencies coordinating
citizen science projects shall make all practicable efforts to
ensure that participants adhere to all relevant scientific
integrity or other applicable ethics policies.
(d) Multisector Partnerships.--The head of each Federal agency
engaged in crowdsourcing or citizen science under this section, or the
heads of multiple Federal agencies working cooperatively, may enter
into a contract or other agreement to share administrative duties for
such activities with--
(1) a for-profit or nonprofit private sector entity,
including a private institution of higher education; or
(2) a State, tribal, local, or foreign government agency,
including a public institution of higher education.
(e) Funding.--In carrying out crowdsourcing and citizen science
activities under this section, the head of a Federal agency, or the
heads of multiple Federal agencies working cooperatively--
(1) may use funds appropriated by Congress;
(2) may publicize projects and accept funds or in kind
support for such activities from--
(A) other Federal agencies;
(B) for-profit or nonprofit private sector
entities, including private institutions of higher
education; or
(C) State, tribal, local, or foreign government
agencies, including public institutions of higher
education; and
(3) may not give any special consideration to any entity
described in paragraph (2) in return for such funds or in kind
support.
(f) Facilitation.--
(1) General services administration assistance.--The
Administrator of the General Services Administration, in
coordination with the Director, shall, at no cost to Federal
agencies, identify and develop relevant products, training, and
services to facilitate the use of crowdsourcing and citizen
science activities under this section, including by specifying
the appropriate contract vehicles and technology and
organizational platforms to enhance the ability of Federal
agencies to carry out the activities under this section to
further the policy objectives of the Federal Government.
(2) Additional guidance.--The head of each Federal agency
engaged in crowdsourcing or citizen science under this section
is encouraged to consult any guidance provided by the Director,
including the Federal Crowdsourcing and Citizen Science
Toolkit, to designate a coordinator for their agency's
crowdsourcing and citizen science activities, and to share best
practices with other agencies, including participation of staff
in the Federal Community of Practice for Crowdsourcing and
Citizen Science.
(g) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director shall include, as a
component of the report required under section 24(p) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719(p)), a report on the activities carried out under this
section.
(2) Information included.--The report required under
paragraph (1) shall include--
(A) a summary of each crowdsourcing and citizen
science project conducted by any Federal agency during
the most recently completed 2 fiscal years, including a
description of the proposed goals of each crowdsourcing
and citizen science project;
(B) the participation rates, submission levels,
number of consents, or any other statistic that might
be considered relevant in each crowdsourcing and
citizen science project;
(C) a description of--
(i) the resources (including personnel and
funding) that were used in the execution of
each crowdsourcing and citizen science project;
(ii) the activities for which such
resources were used; and
(iii) how the obligations and expenditures
relating to the project's execution were
allocated among the accounts of the Federal
agency;
(D) a summary of the use of crowdsourcing and
citizen science methods by all Federal agencies,
including interagency and multisector partnerships; and
(E) any other information that the Director
considers relevant.
(h) Savings Provisions.--Nothing in this section may be construed--
(1) to affect the authority to conduct crowdsourcing and
citizen science authorized by any other provision of law; or
(2) to displace Federal Government resources allocated to
the Federal agencies that use crowdsourcing or citizen science
authorized under this section to carry out a project. | Crowdsourcing and Citizen Science Act of 2016 This bill authorizes executive agencies to: (1) use crowdsourcing and citizen science approaches to conduct activities designed to advance their missions, (2) accept volunteer services performed as part of a crowdsourcing or citizen science project, and (3) enter into an agreement to share administrative duties for such activities with private sector entities or state, tribal, local, or foreign government agencies. "Citizen science" means a form of open collaboration in which individuals or organizations participate in the scientific process. "Crowdsourcing" means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community. Agencies shall: (1) make public and promote such projects to encourage broad participation of consenting participants, and (2) endeavor to make data collected through such projects open and available, in machine readable formats, to the public. The General Services Administration shall identify and develop relevant products, training, and services to facilitate the use of crowdsourcing and citizen science activities. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``HUD Property Disposition Reform
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) while there is a pressing need to serve homeless
families and individuals, the program of the Department of
Housing and Urban Development for disposition of single family
properties for use by the homeless is ineffective;
(2) Federal housing programs for the homeless must serve
homeless families and individuals at a reasonable cost to
taxpayers; and
(3) the single family property disposition program for the
homeless is poorly designed and administered, drains critical
human and financial resources from the Department of Housing
and Urban Development, is fraught with abuse and fraud, and,
therefore, is a poor use of taxpayer assets.
SEC. 3. ELIMINATION OF LEASE OPTIONS.
In carrying out the disposition program (as such term is defined in
section 6), the Secretary of Housing and Urban Development may not
dispose of eligible properties--
(1) by lease with an option to purchase; or
(2) to any applicant for an acquisition grant under the
supportive housing program under any agreement that provides
for the lease of the property (including any lease-option to
purchase agreement).
SEC. 4. DISCOUNTS FOR PURCHASE OF PROPERTIES.
In selling any property under the disposition program, the purchase
price shall be the fair market value of the property, less a discount,
as follows:
(1) Insured sales and sales under supportive housing lease-
option to purchase agreements.--In the case of any property
made available for purchase with mortgage insurance available
under the National Housing Act or any property purchased
pursuant to a lease-option to purchase agreement entered into
before the date of the enactment of this Act by an applicant
for an acquisition grant under the supportive housing program,
the discount shall be--
(A) 10 percent, for any property sold in a single
transaction involving not more than 4 properties;
(B) 15 percent, for any property sold in a single
transaction involving 5 or more properties; or
(C) notwithstanding subparagraphs (A) and (B), 30
percent, for any property located in a revitalization
area.
(2) Uninsured sales.--
(A) In general.--In the case of any uninsurable
property, the discount shall be--
(i) 20 percent, for any property sold in a
single transaction involving not more than 4
properties;
(ii) 25 percent, for any property sold in a
single transaction involving 5 or more
properties; or
(iii) notwithstanding subparagraphs (A) and
(B), 40 percent, for any property located in a
revitalization area.
(B) Uninsurable properties.--For purposes of
subparagraph (A), the term ``uninsurable property''
means an eligible property that--
(i) is made available for purchase without
any mortgage insurance under the National
Housing Act;
(ii) is not a property purchased pursuant
to a lease-option to purchase agreement entered
into before the date of the enactment of this
Act by an applicant for an acquisition grant
under the supportive housing program; and
(iii) if purchased by a private nonprofit
organization, is purchased subject to such
binding agreements as the Secretary shall
require to ensure that the property is used to provide housing for
homeless persons for a period of not less than 5 years.
SEC. 5. ELIGIBILITY OF PRIVATE NONPROFIT ORGANIZATIONS.
(a) Additional Requirements.--In carrying out the disposition
program, the Secretary may dispose of an eligible property to a private
nonprofit organization only if the organization provides to the
Secretary--
(1) a mission statement and the articles of incorporation
for the organization, each of which state that a purpose of the
organization is providing housing assistance for homeless
persons;
(2) such documentation as the Secretary may require to
ensure that the organization--
(A) is authorized to execute purchase agreements;
and
(B) has not less than 2 years experience in
operating housing and providing supportive services for
homeless persons.
The requirements under this subsection shall be additional to any
requirements regarding eligibility of private nonprofit organizations
for participation in the disposition program that may be established by
the Secretary.
(b) Existing Approved Applicants.--Notwithstanding subsection (a),
any private nonprofit organization that, before the date of the
enactment of this Act, is approved by the Secretary to lease or
purchase properties under the disposition program shall not be required
to comply with the requirements under such subsection to be eligible to
purchase such properties after the date of enactment under the program
as modified by this Act.
SEC. 6. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Disposition program.--The term ``disposition program''
means the program under subpart E of part 291 of title 24, Code
of Federal Regulations, for disposition of single family
properties acquired by the Department of Housing and Urban
Development for use by homeless persons.
(2) Eligible property.--The term ``eligible property''
means a vacant property that--
(A) consists of not more than 4 dwelling units;
(B) is acquired by the Secretary under the Mutual
Mortgage Insurance Fund, the General Insurance Fund, or
the Special Risk Insurance Fund, each established under
the National Housing Act; and
(C) is not committed for use or disposition under
any program of the Department of Housing and Urban
Development other than the disposition program.
(3) Revitalization area.--The term ``revitalization area''
means a neighborhood that, as determined by the Secretary--
(A) has a significant concentration of vacant
properties, including properties needing extensive
repairs that have been in the inventory of the
Department of Housing and Urban Development not less
than 6 months, or a longer period as determined by the
Secretary;
(B) exhibits other characteristics of economic
distress; and
(C) has been targeted by the locality in which it
is located for establishing affordable housing and
providing adequate supportive services.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(5) Supportive housing program.--The term ``supportive
housing program'' means the supportive housing program under
subtitle C of title IV of the Stewart B. McKinney Homeless
Assistance Act. | HUD Property Disposition Reform Act - Prohibits the Secretary of Housing and Urban Development from using specified lease options in carrying out the program of disposing of single family properties for use by the homeless.
States that the purchase price of such disposed properties shall be the fair market value less specified discounts depending upon whether the sale is: (1) a mortgage-insured sale or under a lease-option to purchase agreement; or (2) an uninsured sale.
Authorizes sales to private nonprofit organizations under specified conditions. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``10 Million Solar Roofs and 10
Million Gallons of Solar Water Heating Act of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) there is huge potential for increasing the quantity
of electricity produced in the United States from distributed
solar photovoltaics and solar water heating systems;
(B) the use of solar photovoltaics on the roofs of 10
percent of existing buildings could meet 70 percent of peak
electric demand; and
(C) a key barrier to increased deployment of solar
photovoltaic and hot water heating systems is the upfront cost
of capital, even though over time the systems are cost-
effective;
(2) investment in solar photovoltaics technology will
create economies of scale that will allow the technology to
deliver electricity at prices that are competitive with
electricity from fossil fuels;
(3) electricity produced from distributed solar
photovoltaics helps to reduce greenhouse gas emissions, does
not emit harmful air pollutants, such as mercury, sulfur
dioxide, and nitrogen oxides, uses existing rooftop space, and
does not require additional land for generation, thereby
conserving natural resources and wildlife habitat;
(4) electricity produced from distributed solar
photovoltaics enhances national energy security and helps to
meet peak power demand without requiring the construction and
siting of new transmission infrastructure;
(5) investments in renewable energy stimulate the
development of green jobs in the United States that provide
substantial economic benefits;
(6)(A) rebate programs in several States have been
successful in increasing the quantity of solar energy from
distributed solar photovoltaics and solar water heating
systems;
(B) the State of California leads the United States in
installed solar photovoltaic systems and has used rebate
programs to promote the installation of more than 500 megawatts
of grid-connected solar photovoltaics, with 226 megawatts
installed during the 3-year period ending on the date of
enactment of this Act due to the Solar Initiative of the State;
(C) the State of New Jersey is second in the United States
in installed solar photovoltaic systems and has used incentive
programs to achieve 90 megawatts of installed solar capacity;
(D) the State of Hawaii leads the United States in solar
water heating systems installed, and will require all new homes
to have solar water heating systems starting in 2010, which is
projected to save the average household $600 annually and
reduce the oil consumption of the State by 30,000 barrels in
2010 alone; and
(E) the State of Florida has used consumer and business
rebate programs for solar photovoltaic and solar water heating
systems and is second in the United States in installed solar
hot water systems;
(7) despite inventing solar technology, the United States
has fallen behind nations with less solar resources because
those nations have set in place policies to promote solar
energy, and the United States now ranks fourth in installed
solar behind Germany, Spain, and Japan;
(8) there are more than 1,500,000 solar water heating
systems in the United States that rely on a free fuel source,
the sun, to provide hot water, and there is enormous potential
for additional solar hot water systems to displace fossil fuel
use in water heating; and
(9) homes in the United States spend more than
$13,000,000,000 on energy for water heating, which is
equivalent to 11.4 barrels of oil per home and accounts for
approximately 30 percent of the carbon dioxide emissions of an
average home, but solar water heating systems can reduce the
cost of water heating and reduce residential carbon dioxide
emissions.
SEC. 3. REBATES FOR PURCHASE AND INSTALLATION OF PHOTOVOLTAIC SYSTEMS
AND SOLAR WATER HEATING SYSTEMS.
(a) In General.--The Secretary of Energy (referred to in this Act
as the ``Secretary'') shall establish a program under which the
Secretary shall provide rebates to eligible individuals or entities for
the purchase and installation of solar photovoltaic systems and solar
water heating systems for residential and commercial properties in
order to install, over the 10-year period beginning on the date of
enactment of this Act, at least--
(1) an additional 10,000,000 solar systems in the United
States (as compared to the number of solar systems installed in
the United States as of the date of enactment of this Act) with
a cumulative capacity of at least 30,000 megawatts; and
(2) an additional 200,000 solar water heating systems in
the United States (as compared to the number of solar water
heating systems installed in the United States as of the date
of enactment of this Act) with a cumulative capacity of
10,000,000 gallons.
(b) Eligibility.--
(1) In general.--To be eligible for a rebate under this
section--
(A) the recipient of the rebate shall be a
homeowner, business, nonprofit entity, or State or
local government that purchased and installed a solar
photovoltaic system or solar water heating system for a
property located in the United States; and
(B) the total capacity of the solar photovoltaic
system for the property shall not exceed 2 megawatts.
(2) Other incentives.--The Secretary shall issue guidance
to participating solar installers and contractors to ensure
that information is made available to rebate recipients on all
available Federal, State, local, and other incentives for
energy efficiency improvements that can be made in the
buildings on the property at which the solar photovoltaic or
hot water heating system is being installed.
(3) Other entities.--After public review and comment, the
Secretary may identify other individuals or entities located in
the United States that qualify for a rebate under this section.
(c) Amounts.--
(1) Solar photovoltaic systems.--
(A) In general.--Subject to subparagraph (B) and
paragraph (3), the amount of a rebate provided to an
eligible individual or entity for the purchase and
installation of a solar photovoltaic system for a
property under this section shall be a rebate per watt
of installed capacity not to exceed the following
amounts:
Calendar year Dollar per watt
2010................................. 1.75
2011................................. 1.75
2012................................. 1.5
2013................................. 1.25
2014................................. 1
2015................................. 1
2016................................. 0.75
2017................................. 0.75
2018................................. 0.5
2019................................. 0.5.
(B) Adjustments.--The Secretary may adjust the
maximum amounts described in subparagraph (A)--
(i) to ensure deployment consistent with
the purposes of this Act; and
(ii) to respond to projected and actual
market conditions.
(2) Solar water heating systems.--
(A) In general.--Subject to subparagraph (B) and
paragraph (3), the amount of a rebate provided to an
eligible individual or entity for the purchase and
installation of a solar water heating system under this
section shall be not more than $1 for each watt
thermal-equivalent of installed capacity during
calendar year 2010.
(B) Adjustments.--The Secretary shall ensure that
the maximum amount described in subparagraph (A)
decreases over time at a rate that is similar to the
schedule described in paragraph (1)(A), and consistent
with projected and actual market conditions and the
purposes of this Act, for each watt thermal-equivalent
of installed capacity.
(3) Maximum amount.--The total amount of a rebate provided
to an eligible individual or entity for the purchase and
installation of a solar photovoltaic system or solar water
heating system for a property under this section shall not
exceed 50 percent of the remaining cost to the purchaser for
the purchase and installation of the system (after
consideration of all applicable Federal, State, and local
incentives and tax credits).
(d) Relationship to Other Law.--The authority provided under this
section shall be in addition to any other authority under which credits
or other types of financial assistance are provided for installation of
a solar photovoltaic or solar water heating system for a property.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | 10 Million Solar Roofs and 10 Million Gallons of Solar Water Heating Act of 2010 - Requires the Secretary of Energy to establish a program to provide rebates for the purchase and installation of solar photovoltaic systems and solar water heating systems for residential and commercial properties in order to install over 10 years at least : (1) an additional 10 million solar systems with a cumulative capacity of at least 30,000 megawatts; and (2) an additional 200,000 solar water heating systems with a cumulative capacity of 10 million gallons. Establishes rebate eligibility criteria and the amount of rebates. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Act for Lyme Education and Research
and Tick-Borne Diseases'' or the ``ALERT Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States alone has 82 species of ticks causing
at least 10 major diseases, which are Lyme disease,
anaplasmosis, human monocytic ehrlichosis, babesiosis, tick
paralysis, relapsing fever, tularemia, Rocky Mountain spotted
fever, Colorado tick fever, and southern tick-associated rash
illness (STARI) (also known as Masters' disease). New tick
species continue to be classified, and new diseases continue to
emerge.
(2) Lyme disease is the most prevalent vector-borne disease
in the United States today.
(3) According to the Centers for Disease Control and
Prevention, only 10 percent of cases that meet its surveillance
criteria are reported; thus, an estimated 200,000 to 240,000
new cases occur each year.
(4) Tests to detect serum antibodies for Lyme disease can
yield a high number of false-positive and false-negative
results. False-negative results may delay diagnosis and
treatment, which may lead to chronic, more debilitating,
persistent and costly disease.
(5) The diagnosis and treatment picture of Lyme disease and
other tick-borne diseases can be complicated because more than
one tick-borne disease can be acquired by the bite of the same
tick.
(6) If it is not diagnosed and treated early, Lyme disease
can lead to chronic illness and can affect every system in the
body, including the central nervous system. Diagnosis is
complicated because Lyme disease can mimic diseases such as
meningitis, multiple sclerosis, brain tumor, Alzheimer's
disease, Parkinson's disease, ALS, and psychiatric illness.
(7) According to a study by the National Institutes of
Health, patients with persistent Lyme disease suffer physical
disability equivalent to that of congestive heart failure,
severe pain equivalent to post-operative pain, and profound
fatigue similar to multiple sclerosis.
SEC. 3. GOALS.
(a) Five-Year Plan.--The Secretary of Health and Human Services,
acting as appropriate through the Director of the Agency for Healthcare
Research and Quality, the Director of the Centers for Disease Control
and Prevention, and the Director of the National Institutes of Health,
shall establish a plan that, for the five fiscal years following the
date of the enactment of this Act, provides for activities to be
carried out during such fiscal years toward achieving the goals
described in paragraphs (1) through (4) of subsection (b). The plan
shall, as appropriate to such goals, provide for the coordination of
programs and activities regarding Lyme disease and other tick-borne
diseases that are conducted or supported by the Federal Government.
(b) Goals.--
(1) First goal: diagnostic test.--The first goal under
subsection (a) shall be--
(A) to develop a sensitive and definitive test for
the diagnosis of Lyme disease capable of distinguishing
active infection from past infection;
(B) to improve efficient utilization of diagnostic
testing currently available to account for the multiple
clinical manifestations of both acute and chronic Lyme
disease; and
(C) to provide for the rapid evaluation and
adoption of emerging test methods.
(2) Second goal: surveillance and reporting of lyme disease
and other tick-borne diseases.--The second goal under
subsection (a) shall be--
(A) to accurately determine the prevalence of Lyme
disease and other tick-borne diseases in the United
States;
(B) to evaluate the feasibility of developing a
reporting system for collecting data on physician-
diagnosed cases that do not meet the surveillance
criteria of the Centers for Disease Control and
Prevention in order to more accurately gauge disease
outbreaks and incidence; and
(C) to evaluate the feasibility of creating a
national uniform reporting system to include mandatory
reporting by laboratories in each State.
(3) Third goal: prevention of lyme disease and other tick-
borne diseases and complications due to delayed diagnosis and
treatment.--The third goal under subsection (a) shall be--
(A) for the Director of the Agency for Healthcare
Research and Quality, in coordination with the Director
of the Centers for Disease Control and Prevention and
the Director of the National Institutes of Health, to
provide and promote access to a comprehensive, up-to-
date clearinghouse of peer-reviewed information on Lyme
and other tick-borne diseases;
(B) to provide for public education by expanding
the Community Based Education Programs of the Centers
for Disease Control and Prevention to include expansion
of information access points available to the public;
(C) to create a physician education program that
includes the full spectrum of scientific research on
Lyme and other tick-borne diseases; and
(D) for the Secretary to sponsor scientific
conferences on Lyme and other tick-borne diseases,
including reporting and consideration of the full
spectrum of clinically-based knowledge, with the first
of such conferences held within 24 months after the
date of the enactment of this Act and with further
conferences held as determined appropriate by the
Secretary.
(4) Fourth goal: clinical outcomes research.--The fourth
goal under subsection (a) shall be--
(A) to establish epidemiological research goals to
determine the long term course of illness for Lyme
disease; and
(B) to establish treatment outcomes research goals
to determine the effectiveness of different treatment
modalities.
SEC. 4. STUDY BY INSTITUTE OF MEDICINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall request the Institute of
Medicine, National Academies of Sciences, to enter into an agreement
with the Secretary for the conduct of a study of chronic Lyme disease.
Such study shall include a systematic assessment of empirical evidence
of treating physicians, as well as published peer-reviewed data, and
shall include recommendations for addressing research gaps in diagnosis
and treatment of chronic Lyme disease and an assessment of treatment
guidelines, such as those of the Infectious Diseases Society of America
and those of the International Lyme and Associated Diseases Society,
and their utilization.
(b) Report.--The Secretary shall ensure that, not later than one
year after the Secretary enters into the agreement under subsection
(a), a report providing the results of the study under such subsection
is submitted to the Secretary and the Tick-Borne Diseases Advisory
Committee under section 6.
SEC. 5. INCREASED FUNDING FOR RESEARCH AND EDUCATION.
(a) In General.--For the purpose of providing for research and
educational activities for Lyme and other tick-borne diseases, and for
carrying out efforts to prevent Lyme and other tick-borne diseases,
there is authorized to be appropriated $20,000,000 for each of the
fiscal years 2006 through 2010. Such authorization is in addition to
other authorizations of appropriations that are available for such
purpose.
(b) Study.--Of the amounts appropriated under subsection (a), the
Secretary shall reserve not more than $500,000 for conducting the study
under section 4.
SEC. 6. ESTABLISHMENT OF TICK-BORNE DISEASES ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish within the Office
of the Secretary an advisory committee to be known as the Tick-Borne
Diseases Advisory Committee (referred to in this section as the
``Committee'').
(b) Duties.--The Committee shall advise the Secretary and the
Assistant Secretary for Health regarding the manner in which such
officials can--
(1) ensure interagency coordination and communication and
minimize overlap regarding efforts to address tick-borne
diseases;
(2) identify opportunities to coordinate efforts with other
Federal agencies and private organizations addressing such
diseases;
(3) ensure interagency coordination and communication with
constituency groups;
(4) ensure that a broad spectrum of scientific viewpoints
are represented in public health policy decisions and that
information disseminated to the public and physicians is
balanced; and
(5) advise relevant Federal agencies on priorities.
(c) Membership.--
(1) Appointed members.--
(A) In general.--From among individuals who are not
officers or employees of the Federal Government, the
Secretary shall appoint to the Committee, as voting
members, an equal number of individuals from each of
the groups described in clauses (i) through (v), as
follows:
(i) Scientific community members
representing the broad spectrum of viewpoints
held within the scientific community, such as
members of the International Lyme and
Associated Diseases Society.
(ii) Representatives of tick-borne disease
voluntary organizations.
(iii) Health care providers who are full-
time practicing physicians providing care for
acute and chronic tick-borne diseases.
(iv) Patient representatives who are
individuals who have been diagnosed with tick-
borne diseases or who have had an immediate
family member diagnosed with such a disease.
(v) Representatives of State and local
health departments and national organizations
that represent State and local health
professionals.
(B) Certain requirement.--In appointing members
under subparagraph (A), the Secretary shall ensure that
such members, as a group, represent a diversity of
scientific perspectives relevant to the duties of the
Committee.
(2) Ex officio members.--The Secretary shall designate the
Assistant Secretary for Health as a nonvoting, ex officio
member of the Committee. In addition, the Secretary shall
designate, as nonvoting members of the Committee,
representatives from each of the following Federal agencies:
(A) The Agency for Healthcare Research and Quality.
(B) The National Institutes of Health.
(C) The Centers for Disease Control and Prevention.
(D) The Food and Drug Administration.
(E) The Office of the Assistant Secretary for
Health.
(F) Such additional Federal agencies as the
Secretary determines to be appropriate.
(3) Chair.--The members of the Committee appointed under
paragraph (1) shall select an individual from among such
members to serve as the chair of the Committee. The term for
serving as the chair shall be two years.
(4) Term of appointment.--The term of service for each
member of the Committee, other than the Assistant Secretary for
Health, shall be four years.
(5) Vacancy.--A vacancy in the membership of the Committee
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.
(d) 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 Chair. Agenda items may be added at the request of
members of the Committee, including the Chairs. Meetings shall be
conducted, and records of the proceedings shall be maintained, as
required by applicable law and by regulations of the Secretary.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $250,000 for
each of the fiscal years 2006 and 2007. Amounts appropriated under the
preceding sentence 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, except that no voting member of the
Committee shall be a permanent salaried employee.
SEC. 7. REPORTS.
(a) In General.--Not later than 24 months after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Congress a report on the activities carried out under
this Act.
(b) Content.--Reports under subsection (a) shall describe--
(1) progress in the development of accurate diagnostic
tools and treatment modalities and their use in clinical
settings;
(2) 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 diseases; and
(3) other significant activities relating to surveillance,
diagnosis, treatment, or prevention of Lyme and other tick-
borne diseases.
SEC. 8. DEFINITION.
For purposes of this Act, the ``Secretary'' means the Secretary of
Health and Human Services. | Act for Lyme Education and Research and Tick-Borne Diseases or the ALERT Act - Requires the Secretary of Health and Human Services to establish a five-year plan that provides for activities to be carried out to meet goals related to Lyme disease and other tick-borne diseases, including to: (1) develop a sensitive and definitive test for the diagnosis of Lyme disease capable of distinguishing active infection from past infection; (2) accurately determine the prevalence of Lyme disease and other tick-borne disorders in the United States; (3) provide and promote access to a comprehensive, up-to-date clearinghouse of peer-reviewed information on Lyme and other tick-borne diseases through the Director of the Agency for Healthcare Research and Quality (AHRQ); and (4) establish epidemiological research goals to determine the long term course of illnesses for Lyme disease.
Directs the Secretary to request that the Institute of Medicine study chronic Lyme disease.
Authorizes additional appropriations for research and educational activities and prevention efforts for Lyme and other tick-borne diseases.
Requires the Secretary to establish the Tick-Borne Diseases Advisory Committee. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Act Amendments of
1994''.
SEC. 2. SIMPLIFICATION OF EMPLOYMENT TAXES ON DOMESTIC SERVICES.
(a) Coordination of Collection of Domestic Service Employment With
Collection of Income Taxes.--
(1) In general.--Chapter 25 of the Internal Revenue Code of
1986 (relating to general provisions relating to employment
taxes) is amended by adding at the end thereof the following
new section:
``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT
TAXES WITH COLLECTION OF INCOME TAXES.
``(a) General Rule.--Except as otherwise provided in this section--
``(1) returns with respect to domestic service employment
taxes shall be made on a calendar year basis,
``(2) any such return for any calendar year shall be filed
on or before the 15th day of the fourth month following the
close of the employer's taxable year which begins in such
calendar year, and
``(3) no requirement to make deposits (or to pay
installments under section 6157) shall apply with respect to
such taxes.
``(b) Domestic Service Employment Taxes Subject to Estimated Tax
Provisions.--
``(1) In general.--Solely for purposes of section 6654,
domestic service employment taxes imposed with respect to any
calendar year shall be treated as a tax imposed by chapter 2
for the taxable year of the employer which begins in such
calendar year.
``(2) Annualization.--Under regulations prescribed by the
Secretary, appropriate adjustments shall be made in the
application of section 6654(d)(2) in respect of the amount
treated as tax under paragraph (1).
``(3) Transitional rule.--For purposes of applying section
6654 to a taxable year beginning in 1994, the amount referred
to in clause (ii) of section 6654(d)(1)(B) shall be increased
by 90 percent of the amount treated as tax under paragraph (1)
for such taxable year.
``(c) Domestic Service Employment Taxes.--For purposes of this
section, the term `domestic service employment taxes' means--
``(1) any taxes imposed by chapter 21 or 23 on remuneration
paid for domestic service in a private home of the employer,
and
``(2) any amount withheld from such remuneration pursuant
to an agreement under section 3402(p).
For purposes of this subsection, the term `domestic service in a
private home of the employer' does not include service described in
section 3121(g)(5).
``(d) Exception Where Employer Liable for Other Employment Taxes.--
To the extent provided in regulations prescribed by the Secretary, this
section shall not apply to any employer for any calendar year if such
employer is liable for any tax under this subtitle with respect to
remuneration for services other than domestic service in a private home
of the employer.
``(e) General Regulatory Authority.--The Secretary shall prescribe
such regulations as may be necessary or appropriate to carry out the
purposes of this section. Such regulations may treat domestic service
employment taxes as taxes imposed by chapter 1 for purposes of
coordinating the assessment and collection of such employment taxes
with the assessment and collection of domestic employers' income taxes.
``(f) Authority To Enter Into Agreements To Collect State
Unemployment Taxes.--
``(1) In general.--The Secretary is hereby authorized to
enter into an agreement with any State to collect, as the agent
of such State, such State's unemployment taxes imposed on
remuneration paid for domestic service in a private home of the
employer. Any taxes to be collected by the Secretary pursuant
to such an agreement shall be treated as domestic service
employment taxes for purposes of this section.
``(2) Transfers to state account.--Any amount collected
under an agreement referred to in paragraph (1) shall be
transferred by the Secretary to the account of the State in the
Unemployment Trust Fund.
``(3) Subtitle f made applicable.--For purposes of subtitle
F, any amount required to be collected under an agreement under
paragraph (1) shall be treated as a tax imposed by chapter 23.
``(4) State.--For purposes of this subsection, the term
`State' has the meaning given such term by section
3306(j)(1).''
(2) Clerical amendment.--The table of sections for chapter
25 of such Code is amended by adding at the end thereof the
following:
``Sec. 3510. Coordination of collection
of domestic service employment
taxes with collection of income
taxes.''
(3) Effective date.--The amendments made by this subsection
shall apply to remuneration paid in calendar years beginning
after December 31, 1994.
(4) Expanded information to employers.--The Secretary of
the Treasury or his delegate shall prepare and make available
information on the Federal tax obligations of employers with
respect to employees performing domestic service in a private
home of the employer. Such information shall also include a
statement that such employers may have obligations with respect
to such employees under State laws relating to unemployment
insurance and workers compensation.
(b) Threshold Requirement for Social Security Taxes.--
(1) Amendments of internal revenue code.--
(A) Subparagraph (B) of section 3121(a)(7) of the
Internal Revenue Code of 1986 (defining wages) is
amended to read as follows:
``(B) cash remuneration paid by an employer in any
calendar year to an employee for domestic service in a
private home of the employer (within the meaning of
subsection (y)), if the cash remuneration paid in such
year by the employer to the employee for such service
is less than the applicable dollar threshold (as
defined in subsection (y)) for such year;''.
(B) Section 3121 of such Code is amended by adding
at the end thereof the following new subsection:
``(y) Domestic Service in a Private Home.--For purposes of
subsection (a)(7)(B)--
``(1) Exclusion for certain farm service.--The term
`domestic service in a private home of the employer' does not
include service described in subsection (g)(5).
``(2) Applicable dollar threshold.--The term `applicable
dollar threshold' means $1,250. In the case of calendar years
after 1995, the Secretary of Health and Human Services shall
adjust such $1,250 amount at the same time and in the same
manner as under section 215(a)(1)(B)(ii) of the Social Security
Act with respect to the amounts referred to in section
215(a)(1)(B)(i) of such Act, except that, for purposes of this
paragraph, 1993 shall be substituted for the calendar year
referred to in section 215(a)(1)(B)(ii)(II) of such Act. If the
amount determined under the preceding sentence is not a
multiple of $50, such amount shall be rounded to the nearest
multiple of $50.''
(C) The second sentence of section 3102(a) of such
Code is amended--
(i) by striking ``calendar quarter'' each
place it appears and inserting ``calendar
year'', and
(ii) by striking ``$50'' and inserting
``the applicable dollar threshold (as defined
in section 3121(y)(2)) for such year''.
(2) Amendment of social security act.--Subparagraph (B) of
section 209(a)(6) of the Social Security Act (42 U.S.C.
409(a)(6)(B)) is amended to read as follows:
``(B) Cash remuneration paid by an employer in any calendar
year to an employee for domestic service in a private home of
the employer, if the cash remuneration paid in such year by the
employer to the employee for such service is less than the
applicable dollar threshold (as defined in section 3121(y)(2)
of the Internal Revenue Code of 1986) for such year. As used in
this subparagraph, the term `domestic service in a private home
of the employer' does not include service described in section
210(f)(5).''
(3) Effective date.--The amendments made by this subsection
shall apply to remuneration paid in calendar years beginning
after December 31, 1994.
(4) Relief from liability for certain underpayment
amounts.--
(A) In general.--On and after the date of the
enactment of this Act, an underpayment to which this
paragraph applies (and any penalty, addition to tax,
and interest with respect to such underpayment) shall
not be assessed (or, if assessed, shall not be
collected).
(B) Underpayments to which paragraph applies.--This
paragraph shall apply to an underpayment to the extent
of the amount thereof which would not be an
underpayment if--
(i) the amendments made by paragraph (1)
had applied to calendar years 1993 and 1994,
and
(ii)(I) the applicable dollar threshold for
calendar year 1993 were $1,150, and
(II) the applicable dollar threshold for
calendar year 1994 were $1,200.
SEC. 3. ALLOCATIONS TO FEDERAL DISABILITY INSURANCE TRUST FUND.
(a) Allocation With Respect to Wages.--Section 201(b)(1) of the
Social Security Act (42 U.S.C. 401(b)(1)) is amended by striking ``(O)
1.20 per centum'' and all that follows through ``December 31, 1999, and
so reported,'' and inserting ``(O) 1.20 per centum of the wages (as so
defined) paid after December 31, 1989, and before January 1, 1994, and
so reported, (P) 1.88 per centum of the wages (as so defined) paid
after December 31, 1993, and before January 1, 2000, and so reported,
and (Q) 1.80 per centum of the wages (as so defined) paid after
December 31, 1999, and so reported,''.
(b) Allocation With Respect to Self-Employment Income.--Section
201(b)(2) of such Act (42 U.S.C. 401(b)(2)) is amended striking ``(O)
1.20 per centum'' and all that follows through ``December 31, 1999,''
and inserting ``(O) 1.20 per centum of the amount of self-employment
income (as so defined) so reported for any taxable year beginning after
December 31, 1989, and before January 1, 1994, (P) 1.88 per centum of
the amount of self-employment income (as so defined) so reported for
any taxable year beginning after December 31, 1993, and before January
1, 2000, and (Q) 1.80 per centum of the amount of self-employment
income (as so defined) so reported for any taxable year beginning after
December 31, 1999,''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to wages paid after December 31, 1993, and self-
employment income for taxable years beginning after such date.
(d) Study on Rising Costs of Disability Benefits.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary of Health and Human
Services shall conduct a comprehensive study of the reasons for
rising costs payable from the Federal Disability Insurance
Trust Fund.
(2) Matters to be included in study.--In conducting the
study under this subsection, the Secretary shall--
(A) determine the relative importance of the
following factors in increasing the costs payable from
the Trust Fund:
(i) increased numbers of applications for
benefits;
(ii) higher rates of benefit allowances;
and
(iii) decreased rates of benefit
terminations; and
(B) identify, to the extent possible, underlying
social, economic, demographic, programmatic, and other
trends responsible for changes in disability benefit
applications, allowances, and terminations.
(3) Report.--Not later than December 31, 1995, the
Secretary shall transmit a report to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate setting forth the results of the study
conducted under this subsection, together with any
recommendations for legislative changes which the Secretary
determines appropriate.
SEC. 4. NONPAYMENT OF BENEFITS TO INDIVIDUALS CONFINED IN CRIMINAL
CASES PURSUANT TO CONVICTION OR BY COURT ORDER BASED ON
FINDINGS OF INSANITY.
(a) In General.--Section 202(x) of the Social Security Act (42
U.S.C. 402(x)) is amended--
(1) in the heading, by inserting ``and Certain Other
Inmates of Publicly Funded Institutions'' after ``Prisoners'';
(2) in paragraph (1) by striking ``during which such
individual'' and inserting ``during which such individual--'',
and by striking ``is confined'' and all that follows and
inserting the following:
``(A) is confined in a jail, prison, or other penal
institution or correctional facility pursuant to his conviction
of an offense for which he was sentenced to imprisonment for
more than 1 year, or
``(B) is confined by court order in an institution at
public expense in connection with--
``(i) a verdict that the individual is guilty but
insane, with respect to an offense punishable by
imprisonment for more than 1 year,
``(ii) a verdict that the individual is not guilty
of such an offense by reason of insanity,
``(iii) a finding that such individual is
incompetent to stand trial under an allegation of such
an offense, or
``(iv) a similar verdict or finding with respect to
such an offense based on similar factors (such as a
mental disease, a mental defect, or mental
incompetence).''; and
(3) in paragraph (3), by striking ``any individual'' and
all that follows and inserting ``any individual who is confined
as described in paragraph (1) if the confinement is under the
jurisdiction of such agency and the Secretary requires such
information to carry out the provisions of this section.''.
(b) Conforming Amendments.--
(1) Section 226 of such Act (42 U.S.C. 426) is amended by
adding at the end the following new subsection:
``(i) The requirements of subsection (a)(2) shall not be treated as
met with respect to any individual for any month if a monthly benefit
to which such individual is entitled under section 202 or 223 for such
month is not payable under section 202(x).''.
(2) Section 226A of such Act (42 U.S.C. 426-1) is amended
by adding at the end the following new subsection:
``(d) The requirements of subsection (a)(1) shall not be treated as
met with respect to any individual for any month if a monthly benefit
to which such individual is entitled under section 202 or 223 for such
month is not payable under section 202(x).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months commencing after 90 days
after the date of the enactment of this Act and with respect to items
and services provided after such 90-day period. | Social Security Act Amendments of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) and the Internal Revenue Code (IRC) to raise from $50 to $1,250 the minimum amount of cash remuneration payable to a domestic employee in any year which is subject to social security employment taxes. Provides for annual adjustments of such threshold.
Amends IRC to: (1) provide for the coordination of the collection of domestic service employment taxes with the collection of income taxes; (2) subject domestic service employment taxes to estimated tax provisions; (3) exempt certain employers from the payment of such taxes; and (4) authorize the Secretary of the Treasury to enter into agreements to collect State unemployment taxes imposed on such remuneration.
Directs the Secretary to prepare and make available to employers information on their tax obligations under Federal and State law with regard to domestic employees.
Absolves employers from liability for certain underpaid taxes and associated penalty and interest payments owed before this Act becomes effective.
Directs the Secretary of Health and Human Services to study and report to the Congress on the reasons for rising costs payable from such Fund.
Amends SSA title II to: (1) increase the portion of wages and self-employment income subject to social security taxation that is allocated to the Federal Disability Insurance Trust Fund (Fund); and (2) modify restrictions on social security benefit payments to incarcerated felons, with changes converting such restrictions into an outright prohibition applicable to all individuals sentenced to imprisonment for more than one year (currently only convicted felons), as well as to individuals confined pursuant to a court order based on verdicts of insanity or similar mental disorders. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Amendment Reaffirmation Act
of 1995''.
SEC. 2. FINDINGS.
The Congress finds:
(1) Article I, section 8, of the Constitution of the United
States gives no authority to Congress to require a waiting
period or a background check before the sale of a firearm.
(2) The United States Supreme Court, in United States v.
Lopez, struck down gun control legislation for lack of
constitutional authority.
(3) A number of Federal district courts have ruled that the
Federal mandate imposed on the States by Public Law 103-159
violates the tenth amendment to the Constitution of the United
States.
(4) Public Law 103-159 violates the second amendment to the
Constitution of the United States because it impermissibly
infringes on the right of the people to secure a firearm when
necessary for the protection of person and property and for the
pursuit of other constitutionally protected activities.
(5) Waiting periods and background checks have produced
devastating effects for law-abiding citizens trying to acquire
firearms for self-defense. During the 1992 riots in Los
Angeles, residents were forced to wait fifteen days before they
could legally buy firearms for protection, in spite of the fact
that police admitted they could not protect citizens.
(6) In addition to the problem of delays and erroneous
denials for law-abiding citizens who need to protect
themselves, background checks can also lend themselves to
official abuse:
(A) In 1991, the office of Technology Assessment
commented on the possibility of gun owner registration
under Virginia's instant check system. It stated,
``[T]he potential [for registration] exists regardless
of legal prohibitions.''
(B) A Justice Department Task Force stated in 1989
that ``[a]ny system that requires a criminal record
check prior to purchase of a firearm creates the
potential for the automated tracking of individuals who
seek to purchase firearms.''
SEC. 3. SECOND AMENDMENT RESTORATION.
(a) Public Law 103-159 is hereby repealed, and any provisions of
law amended or repealed by such Act are restored or revived as if such
Act had not been enacted.
(b) The Assault Weapon Manufacturing Strict Liability Act of 1990
(D.C. Act 8-289, signed by the Mayor of the District of Columbia on
December 17, 1990) is hereby repealed, and any provisions of law
amended or repealed by such Act are restored or revived as if such Act
had not been enacted.
(c) The second sentence of paragraph (4) of subsection (g) of
section 923 of title 18, United States Code, is amended to read as
follows: ``Where discontinuance of the business is absolute, such
records shall be delivered within thirty days after the business
discontinuance to another licensee.''.
(d) Subparagraph (2)(A) of subsection (d) of section 924 of title
18, United States Code, is amended by adding after ``chapter'' the
following: ``or under chapter 53 of subtitle E of title 26, United
States Code, including a proceeding before an administrative law
judge''.
(e) Subparagraph (2)(B) of subsection (d) of section 924 of title
18, United States Code, is amended by adding after ``chapter'' the
following: ``or under chapter 53 of subtitle of title 26, United States
Code, including a proceeding before an administrative law judge''.
(f) Subparagraph (2)(D) of subsection (d) of section 924 of title
18, United States Code, is amended by striking all after ``(D)'' and
inserting in lieu thereof the following: ``Any person aggrieved by the
violation of any civil or constitutional right in connection with the
lawful possession or use of a firearm by the Government of the United
States or any official or employee thereof or the Government of any
State or subdivision or any official or employee thereof may bring an
action for actual and punitive damages in the federal district court in
which such person resides or transacts business. The court may award a
prevailing plaintiff, other than the Government of the United States or
any State or any subdivision thereof, or any official or employee
thereof, reasonable attorneys' fees and costs. Nothing in this
subparagraph shall be construed to limit any remedies which may
otherwise be available to such person.''
(g) Section 926 of title 18, United States Code, is amended by
adding at the end thereof the following new subsections:
``(d) No provision of law, nor any statute of any State or
subdivision thereof, enacted to regulate the level of any pollutant or
pollutants may be applied to the sale, transportation, possession,
importation, or use of any firearm or ammunition.
``(e) No officer or employee of the Bureau of Alcohol, Tobacco and
Firearms may undertake any investigation of a single individual,
organization, or business which will reasonably require expenditures in
excess of $4,000 without prior written approval by the Deputy Secretary
of the Treasury.
``(f) No officer or employee or the Bureau of Alcohol, Tobacco and
Firearms may undertake any investigation in consultation or cooperation
with the Internal Revenue Service without prior written approval by the
Deputy Secretary of the Treasury.
``(g) Whoever violates any provision of this section shall be
imprisoned for not more than two years, fined not more than $250,000,
or both.
``(h)(1) No officer, agent, or employee of the United States may
list, record, copy, or computerize the names of firearms owners, other
than those required to be maintained under title 26, United States
Code, nor shall such officer, agent, or employee transfer information
concerning the identities of firearms owners to a facility owned,
managed, or controlled by the United States or any State or political
subdivision thereof, nor shall such officer, agent, or employee
participate in the establishment of any system of registration of
firearms, firearms owners, or firearms transactions or dispositions.
Any list, record, copy, computerization, facility, or system which, had
it been created or expanded following the effective date of this Act,
would be in violation of this Act, together with any records delivered
to the Secretary pursuant to paragraph (4) of subsection (g) of section
923 of title 18, United States Code, shall be destroyed within ninety
days of the effective date of this Act.
``(2) Any person aggrieved by the violation of any civil or
constitutional right in connection with a violation of the provisions
or this subsection by the Government of the United States or any
official or employee thereof or the Government of any State or
subdivision or any official or employee thereof or the Government of
any State or subdivision or any official or employee thereof may bring
an action for actual and punitive damages in the federal district court
in which such person resides or transacts business. The court may award
a prevailing plaintiff, other than the Government of the United States
or any State or any subdivision thereof, or any official or employee
thereof, reasonable attorney's fees and costs. Nothing in this
subparagraph shall be construed to limit any remedies which may
otherwise be available to such person.''.
SEC. 4. SEVERABILITY.
If any provision of this Act or the application thereof to any
person or circumstance is held invalid, the invalidity does not affect
other provisions or applications of the Act which can be given effect
without the invalid provisions or applications, and to this end the
provisions of this Act are severable.
SEC. 5. EFFECTIVE DATE.
The provisions of this Act shall take effect immediately upon
enactment. | Second Amendment Reaffirmation Act of 1995 - Repeals: (1) the Brady Handgun Violence Prevention Act; and (2) the Assault Weapon Manufacturing Strict Liability Act of 1990 (D.C. Act 8-289).
Amends the Firearms Owners' Protection Act (the Act) to: (1) provide that, where discontinuance of a firearms or ammunition business is to be absolute, the records required to be kept shall be delivered within 30 days after such discontinuance to another Federal firearms licensee; and (2) make provisions regarding the award of attorney's fees to the prevailing party, including when the court finds that the action was without foundation or initiated in bad faith, applicable to certain actions and proceedings under Internal Revenue Code (IRC) provisions concerning excise taxes for machine guns, destructive devices, and certain other firearms, including a proceeding before an administrative law judge.
Authorizes: (1) any person aggrieved by the violation of a civil or constitutional right in connection with the lawful possession or use of a firearm by the U.S. Government, any official or employee thereof, or the government of any State or subdivision or official or employee thereof to bring an action for actual and punitive damages in the Federal district court in which such person resides or transacts business; and (2) the court to award a prevailing plaintiff, other than the Government, reasonable attorneys' fees and costs.
Bars: (1) the application of any legal provision or any State or local statute enacted to regulate the level of any pollutant from being applied to the sale, transportation, possession, importation, or use of any firearm or ammunition; and (2) any officer or employee of the Bureau of Alcohol, Tobacco, and Firearms (BATF) from undertaking any investigation of a single individual, organization, or business which will reasonably require expenditures in excess of $4,000, or any investigation in consultation or cooperation with the Internal Revenue Service, without prior written approval by the Deputy Secretary of the Treasury. Sets penalties for violations.
Prohibits any U.S. officer, agent, or employee from listing, recording, copying, or computerizing the names of firearm owners (other than those required to be maintained under the IRC), transferring information concerning the identities of firearms owners to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, or participating in the establishment of any system of registration of firearms, firearms owners, or firearms transactions or dispositions. Requires that any such list, record, copy, computerization, facility, or system that would have violated this Act had it been created or expanded following the effective date of this Act be destroyed.
Creates a cause of action for persons aggrieved by the violation of any civil or constitutional right in connection with a violation of the Act by the Government for actual and punitive damages, including the award of reasonable attorney's fees and costs to a prevailing plaintiff other than the Federal, a State, or local government. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Comprehensive Hepatitis C
Health Care Act''.
SEC. 2. COMPREHENSIVE HEPATITIS C HEALTH CARE TESTING AND TREATMENT
PROGRAM FOR VETERANS.
(a) In General.--(1) Chapter 17 of title 38, United States Code, is
amended by inserting after section 1720E the following new section:
``Sec. 1720F. Hepatitis C testing and treatment
``(a) Initial Testing.--(1) During the one-year period beginning on
the date of the enactment of the Veterans Comprehensive Hepatitis C
Health Care Act, the Secretary shall provide a blood test for the
Hepatitis C virus to--
``(A) each veteran who served in the active military,
naval, or air service during the Vietnam era or who is
considered to be `at risk,' and is enrolled to receive care
under section 1710 of this title who requests the test or is
otherwise receiving a physical examination or any care or
treatment from the Secretary; and
``(B) to any other veteran who requests the test.
``(2) After the end of the period referred to in paragraph (1), the
Secretary shall provide a blood test for the Hepatitis C virus to any
veteran who requests the test.
``(b) Followup Testing and Treatment.--In the case of any veteran
who tests positive for the Hepatitis C virus, the Secretary--
``(1) shall provide such followup tests as are considered
medically appropriate; and
``(2) shall provide appropriate treatment for that veteran
in accordance with the national protocol for the treatment of
Hepatitis C.
``(c) Status of Care.--(1) Treatment shall be provided under
subsection (b) without regard to whether the Hepatitis C virus is
determined to be service-connected and without regard to priority group
categorization of the veteran. No copayment may be charged for
treatment under subsection (b), and no third-party reimbursement may be
sought or accepted, under section 1729 of this title or any other
provision of law, for testing or treatment under subsection (a) or (b).
``(2) Paragraph (1) shall cease to be in effect upon the effective
date of a determination by the Secretary or by Congress that the
occurrence of the Hepatitis C virus in specified veterans shall be
presumed to be service-connected.
``(d) Staffing.--(1) The Secretary shall require that each
Department medical center employ at least one full-time
gastroenterologist, hepatologist, or other qualified physician to
provide tests and treatment for the Hepatitis C virus under this
section.
``(2) The Secretary shall, to the extent practicable, ensure that
each Department medical center has at least one staff member assigned
to work, in coordination with Hepatitis C medical personnel, to
coordinate treatment options for Hepatitis C patients and provide
information and counseling for those patients and their families. Such
a staff member should preferably be trained in psychology or psychiatry
or be a social worker.
``(3) In order to improve treatment provided to veterans with the
Hepatitis C virus, the Secretary shall provide increased training
options to Department health care personnel.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1720E the following new item:
``1720F. Hepatitis C testing and treatment.''.
SEC. 3. FUNDING FOR HEPATITIS C PROGRAMS OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Program Account.--Beginning with fiscal year 2004, amounts
appropriated for the Department of Veterans Affairs for Hepatitis C
detection and treatment shall be provided, within the ``Medical Care''
account, through the ``Specific Purpose'' subaccount, rather than the
``VERA'' subaccount.
(b) Allocation of Funds to VISNs.--In allocating funds appropriated
for the Department of Veterans Affairs for the ``Medical Care'' account
to the Veterans Integrated Service Networks, the Secretary of Veterans
Affairs shall allocate funds for detection and treatment of the
Hepatitis C virus based upon incidence rates of that virus among
veterans (rather than based upon the overall population of veterans) in
each such network.
(c) Limitation on Use of Funds.--Amounts appropriated for the
Department of Veterans Affairs for Hepatitis C detection and treatment
through the ``Specific Purpose'' subaccount may not be used for any
other purpose.
SEC. 4. NATIONAL POLICY.
(a) Standardized Nationwide Policy.--The Secretary of Veterans
Affairs shall develop and implement a standardized policy to be applied
throughout the Department of Veterans Affairs health care system with
respect to the Hepatitis C virus. The policy shall include the testing
protocol for the Hepatitis C virus, treatment options, education and
notification efforts, and establishment of a specific Hepatitis C
diagnosis code for measurement and treatment purposes.
(b) Outreach.--The Secretary shall, on an annual basis, take
appropriate actions to notify veterans who have not been tested for the
Hepatitis C virus of the need for such testing and the availability of
such testing from the Department of Veterans Affairs.
SEC. 5. HEPATITIS C CENTERS OF EXCELLENCE.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish at least one, and not more than three, additional Hepatitis C
centers of excellence or additional sites at which activities of
Hepatitis C centers of excellence are carried out. Each such additional
center or site shall be established at a Department of Veterans Affairs
medical center in one of the five geographic service areas (known as a
Veterans Integrated Service Network) with the highest case rate of
Hepatitis C in fiscal year 1999.
(b) Funding.--Funding for the centers or sites established under
subsection (a) shall be provided from amounts available to the Central
Office of the Department of Veterans Affairs and shall be in addition
to amounts allocated for Hepatitis C pursuant to section 3. | Veterans Comprehensive Hepatitis C Health Care Act - Directs the Secretary of Veterans Affairs, during the first year after the enactment of this Act, to provide a blood test for the Hepatitis C virus to: (1) each veteran who served on active military duty during the Vietnam era, or who is considered to be "at risk," and who is enrolled to receive veterans' medical care and requests such care or is otherwise receiving a physical examination or any other care or treatment from the Secretary; and (2) any other veteran who requests such test. Requires the Secretary, after such period, to provide such test to any veteran who requests it. Requires the Secretary to provide followup tests and appropriate treatment for any veteran who tests positive. Prohibits a copayment from being charged for such treatment.Provides funding for Department Hepatitis C detection and treatment programs, beginning with FY 2004.Directs the Secretary to: (1) develop and implement a standardized Department policy with respect to such virus; and (2) annually take appropriate outreach actions to notify untested veterans.Directs the Secretary to establish at least one and no more than three additional Hepatitis C centers of excellence within the Department health care network. Provides funding. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Andean Adjustment Act of 2001''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN COLOMBIAN AND PERUVIAN
NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment before April 1,
2005; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily,
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who is a national
of Colombia or Peru--
(1) who was physically present in the United States on
December 1, 1995; and
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on
the date the application for adjustment of status under this
Act is filed, except an alien shall not be considered to have
failed to maintain continuous physical presence by reason of an
absence, or absences, from the United States for any periods in
the aggregate not exceeding 180 days.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of
deportation, removal, or exclusion to seek a stay of such order
based on the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if--
(A) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for at
least 1 year;
(B) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(C) the alien is otherwise eligible to receive an
immigrant visa and is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for
exclusion specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in the aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this Act is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this Act, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this Act. Nothing contained in this Act
shall be held to repeal, amend, alter, modify, effect, or restrict the
powers, duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible. | Andean Adjustment Act of 2001 - Provides for the adjustment to permanent resident status of certain U.S.-resident Colombian and Peruvian nationals (and spouses, children, and certain unmarried sons or daughters). | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Play Fair at the Olympics Act''.
SEC. 2. LABOR STANDARDS AND OBSERVANCE.
(a) Labor Standards and Observance.--Subchapter I of chapter 2205
of title 36, United States Code, is amended by adding at the end the
following new section:
``Sec. 220513. Labor standards and observance
``The corporation shall--
``(1) require, as a condition of a licensing agreement,
that a company licensed by the corporation, including a
subcontractor or supplier of such company--
``(A) observe internationally recognized worker
rights; and
``(B) submit to arbitration for the resolution of
an allegation of a violation of such rights that is
alleged to have occurred in such company, or in a
subcontractor or supplier of such company;
``(2) include the following language in licensing
agreements with companies to which the corporation is a party:
`The licensee agrees not to take any action to prevent
employees of the licensee from exercising their internationally
recognized worker rights or to interfere with, coerce, or
restrain employees in the exercise of such rights. The licensee
further agrees to observe applicable domestic laws and
International Labor Organization declarations and conventions
relating to internationally recognized worker rights, including
rights relating to the freedom of association and to collective
bargaining, a minimum age for employment of children, minimum
wages and maximum hours of work, occupational health and safety
standards, and prohibitions against forced labor and workplace
discrimination. The licensee further agrees to submit to
arbitration for the resolution of an allegation of a violation
of internationally recognized worker rights that is alleged to
have occurred in such licensee. For purposes of this licensing
agreement, the term `licensee' includes a subcontractor or
supplier of the licensee.';
``(3) publish quarterly the names of all companies,
including subcontractors and suppliers of such companies, that
produce goods pursuant to licensing agreements with the
corporation;
``(4) establish a fund to which one percent of all fees
earned pursuant to licensing agreements with companies to which
the corporation is a party shall be contributed for the
creation and maintenance of an independent body to
expeditiously investigate and, if necessary, to expeditiously
arbitrate, allegations of violations of internationally
recognized worker rights that are alleged to have occurred in
such companies, or in subcontractors or suppliers of such
companies; and
``(5) cancel a licensing agreement with a company if such
company, or a subcontractor or supplier of such company,
violates an arbitration ruling made pursuant to paragraph (4)
against such company, or against a subcontractor or supplier of
such company, relating to a violation of internationally
recognized worker rights.''.
(b) Definitions.--Section 220501(b) of such title is amended--
(1) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9) respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) `internationally recognized worker rights' means the
rights of workers specified in International Labor Organization
declarations and conventions, including the Declaration on
Fundamental Principles and Rights at Work, including--
``(A) the freedom of association and the right to
collective bargaining;
``(B) the elimination of forced and compulsory
labor;
``(C) the abolition of child labor;
``(D) the elimination of discrimination in the
workplace; and
``(E) the establishment of and adherence to--
``(i) a minimum age for employment of
children;
``(ii) minimum wages and maximum hours of
work; and
``(iii) occupational health and safety
standards.''.
(c) Effective Date.--The amendment made by this section shall apply
to licensing agreements with companies that are entered into by the
United States Olympic Committee on or after the date that is 30 days
after the date of the enactment of this Act.
(d) Clerical Amendment to Table of Sections.--The table of sections
at the beginning of such subchapter is amended by adding at the end the
following new item:
``220513. Labor standards and observance.''. | Play Fair at the Olympics Act - Amends Federal law relating to the United States Olympic Committee (USOC) to direct the USOC to require observance of certain labor standards by companies that enter into licensing agreements with it, and by subcontractors and suppliers of such companies. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``OPIC Abolition Act''.
SEC. 2. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Termination of Authority To Make New Obligations.--(1)
Effective 60 days after the date of the enactment of this Act, the
Overseas Private Investment Corporation shall not issue any insurance,
guaranties, or reinsurance, make any loan, or acquire any securities,
under section 234 of the Foreign Assistance Act of 1961, enter into any
agreements for any other activity authorized by such section 234, or
enter into risk sharing arrangements authorized by section 234A of that
Act.
(2) Paragraph (1) does not require the termination of any contract
or other agreement entered into before such paragraph takes effect.
(b) Termination of OPIC.--Effective 180 days after the date of the
enactment of this Act, the Overseas Private Investment Corporation is
abolished.
(c) Transfer of Operations to OMB.--The Director of the Office of
Management and Budget shall, effective 180 days after the date of the
enactment of this Act, perform the functions of the Overseas Private
Investment Corporation with respect to contracts and agreements
described in subsection (a)(2) until the expiration of such contracts
and agreements, but shall not renew any such contract or agreement. The
Director shall take the necessary steps to wind up the affairs of the
Corporation.
(d) Repeal of Authorities.--Effective 180 days after the date of
the enactment of this Act, title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is
repealed, but shall continue to apply with respect to functions
performed by the Director of the Office of Management and Budget under
subsection (c).
(e) Appropriations.--Funds available to the Corporation shall, upon
the effective date of the repeal made by subsection (d), be transferred
to the Director of the Office of Management and Budget for use in
performing the functions of the Corporation under subsection (c). Upon
the expiration of the contracts and agreements with respect to which
the Director is exercising such functions, any unexpended balances of
the funds transferred under this subsection shall be deposited in the
Treasury as miscellaneous receipts.
SEC. 3. SAVINGS PROVISIONS.
(a) Prior Determinations Not Affected.--The repeal made by section
2(d) of the provisions of law set forth in such section shall not
affect any order, determination, regulation, or contract that has been
issued, made, or allowed to become effective under such provisions
before the effective date of the repeal. All such orders,
determinations, regulations, and contracts shall continue in effect
until modified, superseded, terminated, set aside, or revoked in
accordance with law by the President, the Director of the Office of
Management and Budget, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--(1) The repeal made by section 2(d) shall
not affect any proceedings, including notices of proposed rulemaking,
pending on the effective date of the repeal, before the Overseas
Private Investment Corporation, except that no insurance, reinsurance,
guarantee, or loan may be issued pursuant to any application pending on
such effective date. Such proceedings, to the extent that they relate
to functions performed by the Director of the Office of Management and
Budget after such repeal, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this Act had not been enacted;
and orders issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by the Director, by
a court of competent jurisdiction, or by operation of law. Nothing in
this subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this Act had not been enacted.
(2) The Director of the Office of Management and Budget is
authorized to issue regulations providing for the orderly transfer of
proceedings continued under paragraph (1).
(c) Actions.--Except as provided in subsection (e)--
(1) the provisions of this Act shall not affect suits
commenced before the effective date of the repeal made by
section 2(d); and
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this Act had not been enacted.
(d) Liabilities Incurred.--No suit, action, or other proceeding
commenced by or against any officer in the official capacity of such
individual as an officer of the Overseas Private Investment
Corporation, shall abate by reason of the enactment of this Act. No
cause of action by or against the Overseas Private Investment
Corporation, or by or against any officer thereof in the official
capacity of such officer shall abate by reason of the enactment of this
Act.
(e) Parties.--If, before the effective date of the repeal made by
section 2(d), the Overseas Private Investment Corporation or an officer
thereof in the official capacity of such officer, is a party to a suit,
then such suit shall be continued with the Director of the Office of
Management and Budget substituted or added as a party.
(f) Review.--Orders and actions of the Director of the Office of
Management and Budget in the exercise of functions of the Overseas
Private Investment Corporation shall be subject to judicial review to
the same extent and in the same manner as if such orders and actions
had been issued or taken by the Overseas Private Investment
Corporation. Any statutory requirements relating to notice, hearings,
action upon the record, or administrative review that apply to any
function of the Overseas Private Investment Corporation shall apply to
the exercise of such function by the Director of the Office of
Management and Budget.
SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 5, United States Code.--(1) Section 5314 of title 5,
United States Code, is amended by striking
``President, Overseas Private Investment Corporation.''.
(2) Section 5315 of title 5, United States Code, is amended by
striking
``Executive Vice President, Overseas Private Investment
Corporation.''.
(3) Section 5316 of title 5, United States Code, is amended by
striking
``Vice Presidents, Overseas Private Investment Corporation
(3).''.
(b) Other Amendments and Repeals.--(1) Section 222(a) of the
Foreign Assistance Act of 1961 is amended by inserting after ``section
238(c)'' the following: ``as in effect on the day before the effective
date of the repeal of that section made by section 2(d) of the OPIC
Abolition Act''.
(2) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15
U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private
Investment Corporation,''.
(3) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15
U.S.C. 4727(d)(1)) is amended--
(A) by striking subparagraph (K); and
(B) by redesignating subparagraphs (L) and (M) as
subparagraphs (K) and (L), respectively.
(4) Section 5402(b) of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4902(b)) is amended--
(A) in paragraph (12) by adding ``and'' after the
semicolon;
(B) by striking paragraph (13); and
(C) by redesignating paragraph (14) as paragraph (13).
(5) Section 709 of title 18, United States Code, is amended by
striking the paragraph that begins ``Whoever uses the words `Overseas
Private Investment'''.
(6) Section 624 of the Higher Education Act of 1965 (20 U.S.C.
1131c) is amended by striking ``the Overseas Private Investment
Corporation,''.
(7) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs
under title IV of chapter 2, relating to the Overseas Private
Investment Corporation)''.
(8)(A) Section 574 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) is
amended--
(i) by amending subsection (b) to read as follows:
``(b) Countries.--The countries referred to in subsection (a) are
countries for which in excess of $5,000,000 has been obligated during
the previous fiscal year for assistance under sections 103 through 106,
chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign
Assistance Act of 1961, and under the Support for East European
Democracy Act of 1989.''; and
(ii) in the first sentence of subsection (c) by striking
``the Administrator'' and all that follows through
``Corporation'' and inserting ``and the Administrator of the
Agency for International Development''.
(B) The amendment made by subparagraph (A) shall first apply to the
annual report required to be submitted under section 574(a) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996 in the fiscal year following the fiscal year
in which no funds have been obligated by the Overseas Private
Investment Corporation by virtue of this Act.
(9) Section 2(c)(12) of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is repealed.
(10) Section 202(b)(2)(B) of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is
amended--
(A) by striking clause (iv); and
(B) by redesignating clauses (v), (vi), and (vii) as
clauses (iv), (v), and (vi), respectively.
(11) Section 9101(3) of title 31, United States Code, is amended--
(A) by striking subparagraph (H); and
(B) by redesignating subparagraphs (I) through (P) as
subparagraphs (G) through (O), respectively.
(12) The following provisions of law are repealed:
(A) Section 5(b)(2) of the Overseas Private Investment
Corporation Amendments Act of 1981 (22 U.S.C. 2194a).
(B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304).
(C) Subsections (b), (c), and (d) of section 576 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991.
(D) Subsections (b), (c), and (d) of section 597 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990.
(E) Sections 109 and 111 of the Overseas Private Investment
Corporation Amendments Act of 1988, as enacted by reference in
section 555 of Public Law 100-461.
(c) Effective Date.--The amendments and repeals made by this
section shall take effect 180 days after the date of the enactment of
this Act. | OPIC Abolition Act - Abolishes the Overseas Private Investment Corporation (OPIC). | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fund for Health Research
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly 4 of 5 peer reviewed research projects deemed
worthy of funding by the National Institutes of Health are not
funded.
(2) Less than 3 percent of the nearly one trillion dollars
our Nation spends on health care is devoted to health research,
while the defense industry spends 15 percent of its budget on
research and development.
(3) Public opinion surveys have shown that Americans want
more Federal resources put into health research and are willing
to pay for it.
(4) Ample evidence exists to demonstrate that health
research has improved the quality of health care in the United
States. Advances such as the development of vaccines, the cure
of many childhood cancers, drugs that effectively treat a host
of diseases and disorders, a process to protect our Nation's
blood supply from the HIV virus, progress against
cardiovascular disease including heart attack and stroke, and
new strategies for the early detection and treatment of
diseases such as colon, breast, and prostate cancer clearly
demonstrates the benefits of health research.
(5) Health research which holds the promise of prevention
of intentional and unintentional injury and cure and prevention
of disease and disability, is critical to holding down health
care costs in the long term.
(6) Expanded medical research is also critical to holding
down the long-term costs of the medicare program under title
XVIII of the Social Security Act. For example, recent research
has demonstrated that delaying the onset of debilitating and
costly conditions like Alzheimer's disease could reduce general
health care and medicare costs by billions of dollars annually.
(7) The state of our Nation's research facilities at the
National Institutes of Health and at universities is
deteriorating significantly. Renovation and repair of these
facilities are badly needed to maintain and improve the quality
of research.
(8) Because discretionary spending is likely to decline in
real terms over the next 5 years, the Nation's investment in
health research through the National Institutes of Health is
likely to decline in real terms unless corrective legislative
action is taken.
(9) A health research fund is needed to maintain our
Nation's commitment to health research and to increase the
percentage of approved projects which receive funding at the
National Institutes of Health.
(10) Americans purchase health insurance and participate in
the medicare program to protect themselves and their families
against the high cost of illness and disability. Because of
this, it makes sense to devote 1 cent of every health insurance
dollar to finding preventions, cures, and improved treatments
for illnesses and disabilities through medical research.
SEC. 3. ESTABLISHMENT OF FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``National Fund for Health
Research'' (hereafter in this section referred to as the ``Fund''),
consisting of such amounts as are transferred to the Fund under
subsection (b) and any interest earned on investment of amounts in the
Fund.
(b) Transfers to Fund.--
(1) In general.--The Secretary of the Treasury shall
transfer to the Fund amounts equivalent to amounts designated
under paragraph (2) and received in the Treasury.
(2) Amounts.--
Health plan set aside.--With respect to each
calendar year beginning with the first full calendar
year after the date of enactment of this Act, each
health plan shall set aside and transfer to the
Treasury of the United States an amount equal to--
(i) for the first full calendar year, .25
percent of all health premiums received with
respect to the plan for such year;
(ii) for the second full calendar year, .5
percent of all health premiums received with
respect to the plan for such year;
(iii) for the third full calendar year, .75
percent of all health premiums received with
respect to the plan for such year; and
(iv) for the fourth and each succeeding
full calendar year, 1 percent of all health
premiums received with respect to the plan for
such year.
(3) Transfers based on estimates.--The amounts transferred
by paragraph (1) shall annually be transferred to the Fund
within 30 days after the President signs an appropriations Act
for the Departments of Labor, Health and Human Services, and
Education, and related agencies, or by the end of the first
quarter of the fiscal year. Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(4) Definition.--As used in this subsection, the term
``health plan'' means a group health plan (as defined in
section 2791(a) of the Public Health Service Act (as added by
the Health Insurance Portability and Accountability Act of 1996)) and
any individual health insurance (as defined in section 2791(b)(5))
operated by a health insurance issuer.
(c) Obligations From Fund.--
(1) In general.--Subject to the provisions of paragraph
(4), with respect to the amounts made available in the Fund in
a fiscal year, the Secretary of Health and Human Services shall
distribute--
(A) 2 percent of such amounts during any fiscal
year to the Office of the Director of the National
Institutes of Health to be allocated at the Director's
discretion for the following activities:
(i) for carrying out the responsibilities
of the Office of the Director, including the
Office of Research on Women's Health and the
Office of Research on Minority Health, the
Office of Alternative Medicine, the Office of
Rare Disease Research, the Office of Behavioral
and Social Sciences Research (for use for
efforts to reduce tobacco use), the Office of
Dietary Supplements, and the Office for Disease
Prevention; and
(ii) for construction and acquisition of
equipment for or facilities of or used by the
National Institutes of Health;
(B) 2 percent of such amounts for transfer to the
National Center for Research Resources to carry out
section 1502 of the National Institutes of Health
Revitalization Act of 1993 concerning Biomedical and
Behavioral Research Facilities;
(C) 1 percent of such amounts during any fiscal
year for carrying out section 301 and part D of title
IV of the Public Health Service Act with respect to
health information communications; and
(D) the remainder of such amounts during any fiscal
year to member institutes and centers, including the
Office of AIDS Research, of the National Institutes of
Health in the same proportion to the total amount
received under this section, as the amount of annual
appropriations under appropriations Acts for each
member institute and Centers for the fiscal year bears
to the total amount of appropriations under
appropriations Acts for all member institutes and
Centers of the National Institutes of Health for the
fiscal year.
(2) Plans of allocation.--The amounts transferred under
paragraph (1)(D) shall be allocated by the Director of the
National Institutes of Health or the various directors of the
institutes and centers, as the case may be, pursuant to
allocation plans developed by the various advisory councils to
such directors, after consultation with such directors.
(3) Grants and contracts fully funded in first year.--With
respect to any grant or contract funded by amounts distributed
under paragraph (1), the full amount of the total obligation of
such grant or contract shall be funded in the first year of
such grant or contract, and shall remain available until
expended.
(4) Trigger and release of monies and phase-in.--
(A) Trigger and release.--No expenditure shall be
made under paragraph (1) during any fiscal year in
which the annual amount appropriated for the National
Institutes of Health is less than the amount so
appropriated for the prior fiscal year.
(B) Phase-in.--The Secretary of Health and Human
Services shall phase-in the distributions required
under paragraph (1) so that--
(i) 25 percent of the amount in the Fund is
distributed in the first fiscal year for which
funds are available;
(ii) 50 percent of the amount in the Fund
is distributed in the second fiscal year for
which funds are available;
(iii) 75 percent of the amount in the Fund
is distributed in the third fiscal year for
which funds are available; and
(iv) 100 percent of the amount in the Fund
is distributed in the fourth and each
succeeding fiscal year for which funds are
available.
(d) Budget Treatment of Amounts in Fund.--The amounts in the Fund
shall be excluded from, and shall not be taken into account, for
purposes of any budget enforcement procedure under the Congressional
Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control
Act of 1985. | National Fund for Health Research Act - Establishes the National Fund for Health Research. Transfers to the Fund amounts equivalent to amounts designated by each health plan equal to a specified percentage of all premiums received by each health plan for each calendar year and transferred to the Treasury. Mandates distributions from the Fund to the National Institutes of Health, the National Center for Research Resources, and for carrying out specified Public Health Service Act provisions relating to health information communications. Excludes amounts in the Fund from consideration or enforcement with regard to the Congressional Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Rail Infrastructure
Investment Act of 2009''.
SEC. 2. CREDIT FOR FREIGHT RAIL INFRASTRUCTURE CAPACITY EXPANSION
PROPERTY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of subtitle A of the Internal Revenue Code of 1986 (relating to
business-related credits) is amended by adding at the end the following
new section:
``SEC. 45R. FREIGHT RAIL CAPACITY EXPANSION CREDIT.
``(a) General Rule.--For purposes of section 38, the freight rail
capacity expansion credit determined under this section for the taxable
year is an amount equal to 25 percent of the cost of the following
property placed in service during the taxable year:
``(1) New qualified freight rail infrastructure property.
``(2) Qualified locomotive property.
``(b) New Qualified Freight Rail Infrastructure Property.--For
purposes of this section--
``(1) In general.--The term `new qualified freight rail
infrastructure property' means qualified freight rail
infrastructure property--
``(A) the construction, erection, or eligible
bridge or tunnel replacement or expansion (pursuant to
paragraph (2)) which the taxpayer certifies was
completed after the date of enactment of this section
in compliance with the standards of section 24312 of
title 49, United States Code (as in effect on the date
of enactment of this subsection) with respect to the
project in the same manner that the National Railroad
Passenger Corporation is required to comply with such
standards for construction work financed under an
agreement made under section 24308(a) of that title, or
``(B) which is acquired by the taxpayer after such
date, but only if the original use of such property
commences with the taxpayer.
``(2) Exception for property replacing property at existing
location.--The term `new qualified freight rail infrastructure
property' does not include property which is replacing existing
qualified freight rail infrastructure property if the
replacement property is located at the site of the existing
property. The preceding sentence shall not apply to the
replacement or expansion of a bridge or tunnel to allow for
additional clearance, track, or other capacity enhancement
where such clearance, track, or other capacity enhancement did
not previously exist.
``(3) Qualified freight rail infrastructure property.--
``(A) In general.--The term `qualified freight rail
infrastructure property' means property used in the
movement of freight by rail--
``(i) the cost of which is chargeable to
capital account (determined without regard to
section 179F), and
``(ii) which constitutes--
``(I) railroad grading or tunnel
bore (as defined in section 168(e)(4)),
``(II) tunnels or subways,
``(III) track, including ties,
rails, ballast, or other track
material,
``(IV) bridges, trestles, culverts,
or other elevated or submerged
structures,
``(V) terminals, yards, roadway
buildings, fuel stations, or railroad
wharves or docks, including fixtures
attached thereto, and equipment used
exclusively therein,
``(VI) railroad signal,
communication, or other operating
systems, including components of such
systems that must be installed on
locomotives or other rolling stock, or
``(VII) intermodal transfer or
transload facilities or terminals,
including fixtures attached thereto,
and equipment used exclusively therein.
``(B) Exclusions.--The term `qualified freight rail
infrastructure property' shall not include--
``(i) land,
``(ii) rolling stock, including
locomotives, or
``(iii) property used predominantly outside
the United States,
except that this subparagraph shall not apply to any
property described in section 168(g)(4).
``(c) Qualified Locomotive Property.--
``(1) In general.--For purposes of this section, the term
`qualified locomotive property' means a locomotive--
``(A) which is acquired by the taxpayer after the
date of enactment of this section, but only if the
original use of such property commences with the
taxpayer,
``(B) which is owned by, or leased to, a taxpayer
which meets the capacity expansion requirement of
paragraph (2) for the taxable year in which the
locomotive is placed in service, and
``(C) which meets the Environmental Protection
Agency's emission standards for locomotives and
locomotive engines as in effect on December 31, 2006.
``(2) Capacity expansion requirement.--A taxpayer meets the
requirements of this paragraph with respect to any locomotive
only if, on the last day of the taxable year in which such
locomotive is placed in service, the total horsepower of all
locomotives owned by, or leased to, the taxpayer exceeds the
total horsepower of all locomotives owned by, or leased to, the
taxpayer on the last day of the preceding taxable year. A
determination under this paragraph shall be made pursuant to
such reports as the Secretary, in consultation with the Surface
Transportation Board, may prescribe.
``(3) Special rule for the leasing of locomotives.--In the
case of the leasing of locomotives, total horsepower under
paragraph (2) shall be determined with respect to all
locomotives owned by, or leased to, the lessee.
``(d) Other Definitions and Special Rules.--
``(1) Definitions.--For purposes of this section--
``(A) Railroad signal, communication, or other
operating system.--The term `railroad signal,
communication, or other operating system' means an
appliance, method, device, or system (including
hardware and software) which is used to operate a
railroad or to improve safety or capacity of railroad
operations, including a signal, an interlocker, an
automatic train stop, or a train control or cab-signal
device.
``(B) Intermodal transfer or transload facility or
terminal.--The term `intermodal transfer or transload
facility or terminal' means a facility or terminal
primarily utilized in the transfer of freight between
rail and any other mode of transportation.
``(2) Coordination with other credits.--The cost of any
property taken into account in determining the credit under
this section may not be taken into account in determining a
credit under any other provision of this title.
``(3) Basis adjustment.--If a credit is determined under
this section with respect to the cost of any qualified freight
rail infrastructure property or qualified locomotive property,
the basis of such property shall be reduced by the amount of
the credit so determined.
``(4) Sale-leasebacks.--If qualified freight rail
infrastructure property or qualified locomotive property is--
``(A) originally placed in service by a person
after the date of enactment of this section, and
``(B) sold and leased back by such person within 3
months after the property is originally placed in
service (or, in the case of multiple units of property
subject to the same lease, within 3 months after the
date the final unit is placed in service, so long as
the period between the time the first unit is placed in
service and the time the last unit is placed in service
does not exceed 12 months),
such property shall be treated as originally placed in service
not earlier than the date on which such property is used under
the lease referred to in subparagraph (B).
``(5) Recapture.--The benefit of any credit allowable under
subsection (a) shall, under regulations prescribed by the
Secretary, be recaptured with respect to any qualified
locomotive property that is sold or otherwise disposed of by
the taxpayer during the 5-year period beginning on the date on
which such property is originally placed in service. The
preceding sentence shall not apply to locomotive property that
is sold by and subsequently leased back to the taxpayer.
``(e) Termination.--This section shall not apply to any property
placed in service after December 31, 2012.''.
(b) Credit Allowed as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(36) the freight rail capacity expansion credit
determined under section 45R.''.
(c) Coordination With Section 55.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (vii), by striking the period at the end of clause (viii) and
inserting ``, and'', and by adding at the end the following new clause:
``(ix) for taxable years beginning after
the date of the enactment of this clause, the
credit determined under section 45R.''.
(d) Basis Adjustment.--Subsection (a) of section 1016 of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of paragraph (36), by striking the period at the end of paragraph (37)
and inserting ``, and'', and by inserting after paragraph (37) the
following new paragraph:
``(38) to the extent provided in section 45R(d)(3).''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45Q the
following new item:
``Sec. 45R. Freight rail capacity expansion credit.''.
(f) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009.
SEC. 3. EXPENSING OF FREIGHT RAIL INFRASTRUCTURE PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of subtitle A
of the Internal Revenue Code of 1986 (relating to itemized deductions
for individuals and corporations) is amended by inserting after section
179E the following new section:
``SEC. 179F. ELECTION TO EXPENSE QUALIFIED FREIGHT RAIL INFRASTRUCTURE
PROPERTY.
``(a) Allowance of Deduction.--
``(1) In general.--A taxpayer may elect to treat any amount
paid or incurred for the acquisition, construction, or erection
of qualified freight rail infrastructure property (as defined
in section 45R(b)(3)) as an amount not chargeable to capital
account. Any amount so treated shall be allowed as a deduction
for the taxable year in which such property was placed in
service.
``(2) Coordination with credit.--The amount to which the
election under paragraph (1) applies with respect to any
property shall be reduced by an amount equal to the amount of
any reduction in the basis of the property under section
45R(d)(3).
``(b) Election.--An election under subsection (a) shall be made,
with respect to each class of property for each taxable year, at such
time and in such manner as the Secretary may prescribe by regulation.
If a taxpayer makes such an election with respect to any class of
property for any taxable year, the election shall apply to all
qualified freight rail infrastructure property in such class placed in
service during such taxable year. An election under this section shall
not affect the character of any property for the purposes of section
45R.
``(c) Deduction Allowed in Computing Minimum Tax.--For purposes of
determining alternative minimum taxable income under section 55, the
deduction under subsection (a) for qualified freight rail
infrastructure property shall be determined under this section without
regard to any adjustment under section 56.
``(d) Termination.--This section shall not apply to any property
placed in service after December 31, 2012.''.
(b) Deduction for Capital Expenditures.--Section 263(a)(1) of the
Internal Revenue Code of 1986 (relating to capital expenditures) is
amended by striking ``or'' at the end of subparagraph (K), by striking
the period at the end of paragraph (L) and inserting ``, or'', and by
adding at the end the following new subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''.
(c) Technical and Clerical Amendments.--
(1) Section 312(k)(3)(B) of the Internal Revenue Code of
1986 is amended by striking ``or 179E'' each place it appears
in the text or heading thereof and inserting ``179E, or 179F''.
(2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such
Code are each amended by inserting ``179F,'' after ``179E,''.
(3) The table of sections for part VI of subchapter B of
chapter 1 of subtitle A of such Code is amended by inserting
after the item relating to section 179E the following new item:
``Sec. 179F. Election to expense qualified freight rail infrastructure
property.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009.
SEC. 4. EXTENSION AND MODIFICATION OF RAILROAD TRACK MAINTENANCE
CREDIT.
(a) Extension of Credit.--Section 45G(f) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2010'' and inserting
``January 1, 2013''.
(b) Expenditures.--Subsection (d) of section 45G of the Internal
Revenue Code of 1986 (relating to qualified railroad track maintenance
expenditures) is amended by striking ``for maintaining'' and all that
follows and inserting ``for maintaining--
``(A) in the case of taxable years beginning after
December 31, 2004, and before January 1, 2009, railroad
track (including roadbed, bridges, and related track
structures) owned or leased as of January 1, 2005, by a
Class II or Class III railroad (determined without
regard to any consideration for such expenditures given
by the Class II or Class III railroad which made the
assignment of such track), and
``(B) in the case of taxable years beginning after
December 31, 2008, railroad track (including roadbed,
bridges, and related track structures) owned or leased
as of January 1, 2009, by a Class II or Class III
railroad (determined without regard to any
consideration for such expenditures given by the Class
II or Class III railroad which made the assignment of
such track).''.
(c) Credit Limitation Adjustment.--Subparagraph (A) of section
45G(b)(1) of the Internal Revenue Code of 1986 is amended by striking
``$3,500'' and inserting ``$4,500''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Comprehensive Rail Infrastructure Investment Act of 2009 - Amends the Internal Revenue Code to: (1) allow a tax credit through 2012 for 25% of the cost of new qualified freight rail infrastructure property and qualified locomotive property; (2) allow a taxpayer election through 2012 to expense the acquisition, construction, or erection costs of qualified freight rail infrastructure property; and (3) extend through 2012 the tax credit for qualified railroad track maintenance expenditures and modify requirements applicable to such expenditures. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Receiving Electronic Statements To
Improve Retiree Earnings Act''.
SEC. 2. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
(a) Amendments to Employee Retirement Income Security Act of
1974.--
(1) In general.--Part 1 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021
et seq.) is amended by adding at the end the following:
``SEC. 112. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
``A document of any type that is required or permitted under this
title to be furnished to a plan participant, beneficiary, or other
individual with respect to a pension plan may be furnished in
electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in effective access to
the document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual,
``(B) permits the participant, beneficiary, or
other individual to select the specific electronic
means through which such a document shall be furnished,
to modify that selection at any time, or to elect at
any time to begin receiving paper versions of such
documents at no additional direct cost to the
individual, and
``(C) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits,
``(2) an annual paper notice is provided to each
participant, beneficiary, or other individual that describes--
``(A) the selection of the specific electronic
means for the furnishing of such documents made by the
participant, beneficiary, or other individual under
paragraph (1)(B) in effect at the time of the provision
of the notice, or
``(B) if applicable, the election made by the
participant, beneficiary, or other individual under
paragraph (1)(B) to be furnished paper versions of such
documents, and
``(3) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document, and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this section, the term `document' includes
reports, statements, notices, notifications, and other
information.''.
(2) Conforming amendment.--The table of contents in section
1 of such Act (29 U.S.C. 1001 note) is amended by inserting
after the item relating to section 111 the following:
112. Electronic communication of pension plan information.
(b) Amendment to Internal Revenue Code of 1986.--Section 414 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(z) Electronic Communication of Pension Plan Information.--A
document of any type that is required or permitted under this title to
be furnished to a plan participant, beneficiary, or other individual
with respect to a plan to which this subchapter or section 457 applies
may be furnished in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in effective access to
the document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual,
``(B) permits the participant, beneficiary, or
other individual to select the specific electronic
means through which such a document shall be furnished,
to modify that selection at any time, or to elect at
any time to begin receiving paper versions of such
documents at no additional direct cost to the
individual, and
``(C) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits,
``(2) an annual paper notice is provided to each
participant, beneficiary, or other individual that describes--
``(A) the selection of the specific electronic
means for the furnishing of such documents made by the
participant, beneficiary, or other individual under
paragraph (1)(B) in effect at the time of the provision
of the notice, or
``(B) if applicable, the election made by the
participant, beneficiary, or other individual under
paragraph (1)(B) to be furnished paper versions of such
documents, and
``(3) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document, and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this subsection, the term `document' includes
reports, statements, notices, notifications, and other
information.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to documents furnished with respect to plan years
beginning after December 31, 2015. | Receiving Electronic Statements To Improve Retiree Earnings Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize a document of any type that is required or permitted to be furnished to a retirement plan participant, beneficiary, or other individual to be furnished in electronic form if: (1) the system for furnishing such a document is designed to result in effective access to the document; (2) an annual paper notice is provided to each pension plan participant, beneficiary, or other individual that describes the selection of the specific electronic means for the furnishing of such document; and (3) the electronically-furnished document is prepared and furnished in an appropriate style and format and includes a notice that apprises the recipient of the significance of the document. | billsum_train |
Provide a condensed version of the following text: S.
Section 304 of the Congressional Budget Act of 1974 is amended to
read as follows:
``permissible revisions of budget resolutions
``Sec. 304. At any time after the joint resolution on the budget
for a fiscal year has been enacted pursuant to section 301, and before
the end of such fiscal year, the two Houses and the President may enact
a joint resolution on the budget which revises or reaffirms the joint
resolution on the budget for such fiscal year most recently enacted,
and for purposes of the enforcement of the Congressional Budget Act of
1974, the chairman of the Budget Committee of the House of
Representatives or the Senate, as applicable, may adjust levels as
needed for the enforcement of the budget resolution.''.
SEC. 6. LIMITATION ON THE CONTENT OF BUDGET RESOLUTIONS.
Section 305 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(e) Limitation on Contents.--(1) It shall not be in order in the
House of Representatives or in the Senate to consider any joint
resolution on the budget or any amendment thereto or conference report
thereon that contains any matter referred to in paragraph (2).
``(2) Any joint resolution on the budget or any amendment thereto
or conference report thereon that contains any matter not permitted in
section 301 (a) or (b) shall not be treated in the House of
Representatives or the Senate as a budget resolution under subsection
(a) or (b) or as a conference report on a budget resolution under
subsection (c) of this section.''.
SEC. 7. DEEMING OF BUDGETARY AGGREGATES, ALLOCATIONS, AND
RECONCILIATION INSTRUCTIONS IN THE HOUSE AND SENATE UPON
VETO OF JOINT RESOLUTION ON THE BUDGET.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding after section 315 the following new section:
``automatic standing order upon veto of joint resolution on the budget
``Sec. 316. For purposes of congressional enforcement under title
III and IV of this Act and the rules of the House and the Senate, the
joint resolution shall be considered as enforceable upon enactment or
15 days following presentment to the President, whichever occurs
earlier.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Automatic standing order upon veto of joint resolution on
the budget.''.
SEC. 8. ADDITIONAL AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974
TO EFFECTUATE JOINT RESOLUTIONS ON THE BUDGET.
(a) Additional Amendments to the Congressional Budget and
Impoundment Control Act of 1974.--(1)(A) Sections 301, 302, 303, 304,
305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget
Act of 1974 (2 U.S.C. 621 et seq.) are amended by striking
``concurrent'' each place it appears and inserting ``joint''.
(B)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the
Congressional Budget Act of 1974 are amended by striking ``most
recently agreed to concurrent resolution on the budget'' each place it
occurs and inserting ``most recently enacted joint resolution on the
budget''.
(ii) The section heading of section 301 of such Act is amended by
striking ``annual adoption of concurrent resolution'' and inserting
``joint resolutions''.
(C) Sections 302, 303, 304, 310, and 311 of the Congressional
Budget Act of 1974 are amended by striking ``agreed to'' each place it
appears and by inserting ``enacted''.
(2) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended--
(A) in the item relating to section 301, by striking
``Annual adoption of concurrent resolution'' and inserting
``Joint resolutions''; and
(B) by striking ``concurrent'' and inserting ``joint'' in
the item relating to section 305.
(b) Conforming Amendment.--Any side heading within any section of
title III of the Congressional Budget and Impoundment Control Act of
1974 is amended by striking ``Concurrent'' and inserting ``Joint'' and
any center heading in any section of that title is amended by striking
``concurrent'' and inserting ``joint''.
SEC. 9. AMENDMENTS TO THE RULES OF THE HOUSE OF REPRESENTATIVES TO
EFFECTUATE JOINT BUDGET RESOLUTIONS.
Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule
X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10
of rule XXI of the Rules of the House of Representatives are amended by
striking ``concurrent'' each place it appears and inserting ``joint''.
SEC. 10. CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY
DEFICIT CONTROL ACT OF 1985.
Section 258C(b)(1) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking
``concurrent'' and inserting ``joint''. | Legally Binding Budget Act of 2013 - Amends the Congressional Budget Act of 1974 (CBA) to require joint budget resolutions signed by the President instead of the concurrent resolutions now required (which do not have to be signed by the President). Revises accordingly the congressional procedures for considering joint budget resolutions. Prohibits the consideration of budget-related legislation before the joint budget resolution becomes law. Requires the joint budget resolution to set forth appropriate levels for the fiscal year beginning on October 1 of such year and for at least each of the four ensuing fiscal years for the public debt limit for display purposes only. Permits revisions of joint budget resolutions already enacted. Makes a conforming amendment to the Congressional Budget and Impoundment Control Act of 1974. Makes it out of order in both chambers to consider any joint budget resolution, amendment, or conference report that contains certain matter prohibited by the CBA, particularly inclusion in the surplus or deficit totals of any outlays and revenue totals of the Old Age, Survivors, and Disability Insurance (OASDI) program under title II of the Social Security Act. Considers the joint budget resolution as enforceable upon enactment or 15 days following presentment to the President, whichever occurs earlier. (Thus creates an automatic standing order upon a presidential veto of a joint budget resolution.) Makes conforming amendments to: (1) the Rules of the House of Representatives, and (2) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Disability Waiting
Period Elimination Act of 2001''.
SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY.
(a) Disability Insurance Benefits.--
(1) In general.--The first sentence of section 223(a)(1) of
the Social Security Act (42 U.S.C. 423(a)(1)) is amended by
striking ``(i) for each month'' and all that follows through
``the first month in which he is under such disability'' and
inserting the following: ``for each month beginning with the
first month during all of which such individual is under a
disability and in which such individual becomes so entitled to
such insurance benefits''.
(2) Waiting period eliminated from determination of benefit
amount.--
(A) In general.--The first sentence of section
223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended
by striking ``in--'' and all that follows through ``and
as though'' and inserting the following: ``in the first
month for which such individual becomes entitled to
such disability insurance benefits, and as though''.
(B) Conforming amendment.--The second sentence of
section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is
amended by striking ``subparagraph (A) or (B) of such
sentence, as the case may be'' and inserting ``such
sentence''.
(3) Elimination of defined term.--
(A) In general.--Section 223(c)(2) of such Act is
repealed.
(B) Conforming amendments.--
(i) The heading of section 223(c) of such
Act (42 U.S.C. 423(c)) is amended to read as
follows: ``Definition of Insured Status''.
(ii) Section 223(c)(1) of such Act (42
U.S.C. 423(c)(1)) is amended by striking ``For
purposes of subparagraph (B) of this paragraph,
when the number of quarters'' in the last
sentence and inserting the following:
``(2) In applying paragraph (1)(B), when the number of
quarters''.
(b) Widow's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(e)(1)(F) of such Act (42
U.S.C. 402(e)(1)(F)) is amended to read as follows:
``(F) if she satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which she is under
a disability and in which she becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(e) of such
Act (42 U.S.C. 402(e)) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6), (7), (8), and
(9) as paragraphs (5), (6), (7), and (8), respectively.
(c) Widower's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(f)(1)(F) of such Act (42
U.S.C. 402(f)(1)(F)) is amended to read as follows:
``(F) if he satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which he is under a
disability and in which he becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(f) of such
Act (42 U.S.C. 402(f)) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7), (8), and (9)
as paragraphs (6), (7), and (8), respectively.
SEC. 3. ELIMINATION OF WAITING PERIOD FOR COMMENCEMENT OF PERIODS OF
DISABILITY.
Section 216(i)(2)(A) of the Social Security Act (42 U.S.C.
416(i)(2)(A)) is amended by striking ``, but only'' and all that
follows and inserting a period.
SEC. 4. ELIMINATION OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS.
(a) In General.--Section 226(b) of the Social Security Act (42
U.S.C. 426(b)) is amended--
(1) in paragraph (2)(A), by striking ``, and has for 24
calendar months been entitled to,'';
(2) in paragraph (2)(B), by striking ``, and has been for
not less than 24 months,'';
(3) in paragraph (2)(C)(ii), by striking ``, including the
requirement that he has been entitled to the specified benefits
for 24 months,'';
(4) in the first sentence, by striking ``for each month
beginning with the later of (I) July 1973 or (II) the twenty-
fifth month of his entitlement or status as a qualified
railroad retirement beneficiary described in paragraph (2),
and'' and inserting ``for each month for which the individual
satisfies paragraph (2), beginning with the first month in
which the individual satisfies such paragraph, and'';
(5) in the second sentence, by striking ``the `twenty-fifth
month of his entitlement' '' and all that follows through
``paragraph (2)(C) and''; and
(6) in the third sentence, by striking ``, but not in
excess of 24 such months''.
(b) Conforming Amendment.--
(1) Section 226.--Section 226 of the Social Security Act
(42 U.S.C. 426) is amended by striking subsection (f).
(2) Medicare description.--Section 1811(2) of such Act (42
U.S.C. 1395c(2)) is amended by striking ``have been entitled
for not less than 24 months'' and inserting ``are entitled''.
(3) Medicare coverage.--Section 1837(g)(1) of such Act (42
U.S.C. 1395p(g)(1)) is amended by striking ``25th month'' and
inserting ``first month''.
(4) Railroad retirement system.--Section 7(d)(2)(ii) of the
Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(2)(ii)) is
amended--
(A) by striking ``has been entitled to an annuity''
and inserting ``is entitled to an annuity'';
(B) by striking ``, for not less than 24 months'';
and
(C) by striking ``could have been entitled for 24
calendar months, and''.
SEC. 5. EFFECTIVE DATES.
(a) Section 2.--The amendments made by subsection (a) of section 2
of this Act shall apply only with respect to benefits under section 223
of the Social Security Act, or under section 202 of such Act on the
basis of the wages and self-employment income of an individual entitled
to benefits under such section 223, for months after the third month
following the month in which this Act is enacted. The amendments made
by subsections (b) and (c) of section 2 of this Act shall apply only
with respect to benefits based on disability under subsection (e) or
(f) of section 202 of the Social Security Act (42 U.S.C. 402) for
months after the third month following the month in which this Act is
enacted. The amendment made by subsection (d) of section 2 of this Act
shall apply only with respect to benefits for months after the third
month following the month in which this Act is enacted.
(b) Section 3.--The amendment made by section 3 of this Act shall
apply only with respect to applications for disability determinations
filed under title II of the Social Security Act on or after the 90th
day following the date of the enactment of this Act.
(c) Section 4.--The amendments made by section 4 shall apply to
insurance benefits under title XVIII of the Social Security Act with
respect to items and services furnished in months beginning at least 90
days after the date of the enactment of this Act. | Social Security Disability Waiting Period Elimination Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) eliminate the five-month waiting period for disability insurance benefit payments and for widow's and widower's insurance benefits based on disability; (2) eliminate the waiting period for commencement of periods of disability; and (3) eliminate the 24 month waiting period for entitlement to Hospital Insurance program benefits under part A of SSA title XVIII (Medicare). | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Silicone Breast Implant Research and
Information Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) According to the Institute of Medicine, it is estimated
that 1,000,000 to 2,000,000 American women have received
silicone breast implants over the last 35 years.
(2) Silicone breast implants have been used primarily for
breast augmentation, but also as an important part of
reconstruction surgery for breast cancer or other conditions.
(3) Women with breast cancer or other medical conditions
seek access to the broadest possible treatment options,
including silicone breast implants.
(4) Women need complete and accurate information about the
potential health risks and advantages of silicone breast
implants so that women can make informed decisions.
(5) Although the rate of implant rupture and silicone
leakage has not been definitively established, estimates are as
high as 70 percent.
(6) According to a 1997 Mayo Clinic study, 1 in 4 women
required additional surgery because of their implants within 5
years of receiving such implants.
(7) In addition to potential systemic complications, local
changes in breast tissue such as hardening, contraction of scar
tissue surrounding implants, blood clots, severe pain, burning
rashes, serious inflammation, or other complications requiring
surgical intervention following implantation have been
reported.
(8) According to the National Science Panel Report released
in December 1998, the current body of research on silicone
breast implants in immunology, rheumatology, toxicology, and
epidemiology is inadequate to conclusively determine the
effects of silicone. The National Science Panel pointed to many
limitations in research methodology and data analysis used in
past studies clearly demonstrating the need for future
independent clinical research.
(9) According to the Institute of Medicine, concern remains
that exposure to silicone or other components in silicone
breast implants may result in currently undefined connective
tissue or autoimmune diseases.
(10) A group of independent scientists and clinicians
convened by the National Institute of Arthritis and
Musculoskeletal and Skin Diseases in April of 1997 addressed
concerns that an association may exist between atypical
connective tissue disease and silicone breast implants, and
called for additional basic research on the components of
silicone as well as biological responses to silicone.
(11) According to many reports, including a study published
in the Journal of the National Cancer Institute, the presence
of silicone breast implants may create difficulties in
obtaining complete mammograms.
(12) According to a 1998 Food and Drug Administration
publication, although silicone breast implants usually do not
interfere with a woman's ability to nurse, if the implants
leak, there is some concern that the silicone may harm the
baby. Some studies suggest a link between breast feeding with
implants and problems with the child's esophagus.
(b) Purpose.--It is the purpose of this Act to promote research to
identify and evaluate the health effects of silicone breast implants,
and to ensure that women and their doctors receive accurate information
about such implants.
(c) Rule of Construction.--Nothing in this Act shall be construed
to affect any rule or regulation promulgated under the authority of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) that is in
effect on the date of enactment of this Act relating to the
availability of silicone breast implants for reconstruction
after mastectomy, correction of congenital deformities, or replacement
for ruptured silicone implants for augmentation.
SEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE
BREAST IMPLANTS AT THE NATIONAL INSTITUTES OF HEALTH.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by adding at the end the following:
``SEC. 498C. SILICONE BREAST IMPLANT RESEARCH.
``(a) Institute-Wide Coordinator.--The Director of NIH shall
appoint an appropriate official of the Department of Health and Human
Services to serve as the National Institutes of Health coordinator
regarding silicone breast implant research. Such coordinator shall
encourage and coordinate the participation of all appropriate
Institutes in research on silicone breast implants, including--
``(1) the National Institute of Allergy and Infectious
Diseases;
``(2) the National Institute of Arthritis and
Musculoskeletal and Skin Diseases;
``(3) the National Institute of Child Health and Human
Development;
``(4) the National Institute of Environmental Health
Sciences;
``(5) the National Institute of Neurological Disorders and
Stroke; and
``(6) the National Cancer Institute.
``(b) Study Sections.--The Director of NIH shall establish a study
section or special emphasis panel if determined to be appropriate, for
the National Institutes of Health to review extramural research grant
applications regarding silicone breast implants to ensure the
appropriate design and high quality of such research and shall take
appropriate action to ensure the quality of intramural research
activities.
``(c) Clinical Study.--
``(1) In general.--The Director of NIH shall conduct or
support research to expand the understanding of the health
implications of silicone breast implants. Such research should,
if determined to be scientifically appropriate, include a
multidisciplinary, clinical, case-controlled study of women
with silicone breast implants. Such a study should involve
women who have had such implants in place for at least 8 years,
focus on atypical disease presentation, neurological
dysfunction, and immune system irregularities, and evaluate to
what extent if any, their health differs from that of suitable
controls, including women with saline implants as a subset.
``(2) Annual report.--The Director of NIH shall annually
prepare and submit to the appropriate Committees of Congress a
report concerning the results of the study conducted under
paragraph (1).''.
SEC. 4. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE
BREAST IMPLANTS AT THE FOOD AND DRUG ADMINISTRATION.
To assist women and doctors in receiving accurate and complete
information about the risks of silicone breast implants, the
Commissioner of Food and Drugs shall--
(1) ensure that the toll-free Consumer Information Line and
materials concerning breast implants provided by the Food and
Drug Administration are available, up to date, and responsive
to reports of problems with silicone breast implants, and that
timely aggregate data concerning such reports shall be made
available to the public upon request and consistent with
existing confidentiality standards;
(2) revise the Administration's breast implant information
update to clarify the procedure for reporting problems with
silicone implants or with the conduct of adjunct studies, and
specifically regarding the use of the Medwatch reporting
program;
(3) require that manufacturers of silicone breast implants
update implant package inserts and informed consent documents
regularly to reflect accurate information about such implants,
particularly the rupture rate of such implants; and
(4) require that any manufacturer of such implants that is
conducting an adjunct study on silicone breast implants--
(A) amend such study protocol and informed consent
document to reflect that patients must be provided with
a copy of informed consent documents at the initial, or
earliest possible, consultation regarding breast
prosthesis;
(B) amend the informed consent to inform women
about how to obtain a Medwatch form and encourage any
woman who withdraws from the study, or who would like
to report a problem, to submit a Medwatch form to
report such problem or concerns with the study and
reasons for withdrawing; and
(C) amend the informed consent document to provide
potential participants with the inclusion criteria for
the clinical trial and the toll-free Consumer
Information number. | Silicone Breast Implant Research and Information Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding silicone breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural silicone breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of silicone breast implants.
Directs the Commissioner of Food and Drugs to: (1) take specified steps to make updated information about the risks of silicone breast implant available to the public, via the toll-free Consumer Information Line and other means; (2) revise the breast implant information update to clarify the procedure for reporting implant problems; (3) require manufacturers to update implant package inserts and informed consent documents regularly with accurate information; and (4) require any manufacturer conducting an adjunct study on implants to take specified measures with respect to informed consent documents, including informing women on how to obtain a Medwatch form and encouraging women who withdraw from the study, or who would like to report a problem, to submit such a form. | billsum_train |
Make a summary of the following text: SECTION 1. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the President has set several ambitious national goals
to improve education in the United States as part of the
America 2000 program;
(2) the length of the academic year at most elementary and
secondary schools in the United States consists of
approximately 175 to 180 academic days while the length of the
academic year at elementary and secondary schools in a majority
of the other industrialized countries consists of approximately
190 to 240 academic days;
(3) an international testing organization has found in
various studies of 15 developed and less developed countries
that secondary students from the United States scored at or
near the bottom in geometry, advanced algebra, and calculus;
(4) various studies indicate that extending the length of
the academic year at elementary and secondary schools results
in a significant increase in actual student learning time, even
when much of the time in the extended portion of the academic
year is used for increased teacher training and increased
parent-teacher interaction;
(5) extending the length of the academic year at elementary
and secondary schools will lessen the need for review at the
beginning of an academic year of course material covered in the
previous academic year;
(6) in 1988 the report entitled ``A Nation At Risk''
recommended that school districts extend the length of the
academic year at elementary and secondary schools to 220
academic days and increase the academic day from 6 to 7 hours;
and
(7) elementary and secondary schools in the United States
have increased the number and types of courses they offer
students, including health education courses and driver
education courses, without increasing the overall amount of
time spent for course instruction.
SEC. 2. ESTABLISHMENT OF DEMONSTRATION GRANT PROGRAM.
(a) In General.--The Secretary shall, from amounts appropriated
under section 3, provide grants to secondary schools to extend the
length of the academic year at such schools to not fewer than 200
academic days. A grant under this subsection may extend over a period
of not more than 3 fiscal years. The provision of payments under such
grant shall be subject to annual approval by the Secretary and subject
to the availability of appropriations for the fiscal year involved to
make the payments.
(b) Application Requirements.--To receive a grant under subsection
(a), a secondary school shall submit to the Secretary an application
which contains assurances satisfactory to the Secretary that--
(1) such school will extend the length of each of the 3
consecutive academic years falling within the years for which
such school receives payments of a grant under subsection (a)
to not fewer than 200 academic days, with each such academic
day to consist of not fewer than 7 hours devoted to actual
instruction, as determined by the Secretary; and
(2) except as provided in subsection (c), such school will
provide funds from non-Federal sources, in an amount equal to
20 percent of the Federal funds provided in the grant, for the
purpose of extending the length of its academic year.
(c) Good-Faith Exception.--A secondary school shall be considered
to have satisfied the requirement of subsection (b)(2) if such school
makes a good-faith attempt to satisfy such requirement, as determined
by the Secretary.
(d) Selection Requirements.--The Secretary shall select secondary
schools to receive grants under subsection (a) which--
(1) have submitted an application in accordance with
subsection (b);
(2) currently have academic years consisting of fewer than
200 academic days;
(3) to the extent practicable, consist of a high percentage
of students from single-parent homes or homes where both
parents work; and
(4) to the extent practicable, are located in economically
depressed communities which have a high percentage of
individuals--
(A) with alcohol abuse and other drug abuse
problems; and
(B) involved in gang-related activities.
(e) Geographic Diversity Requirement.--To the extent practicable,
the Secretary shall ensure that grants received by secondary schools
under this Act are equitably distributed among the various regions of
the United States and among rural and urban areas within such regions.
(f) Selection of Replacement Schools.--If any secondary school
which receives a grant under subsection (a) fails to comply with any of
the requirements of the demonstration grant program, then the Secretary
may select another secondary school which complies with such
requirements to replace such school for the remaining number of years
in such grant.
(g) Notification Requirement.--The Secretary shall notify each
State and local educational agency of a secondary school which receives
a grant under subsection (a) that such school is participating in the
demonstration grant program.
(h) Study.--The Secretary shall conduct a study which shall--
(1) include a test of the students at each secondary school
which receives a grant under subsection (a) by measuring the
extent to which the extended academic year increased the
learning retention of such students;
(2) examine the effects of the extended academic year on
the learning process of such students in general, including the
extent to which the demonstration grant program has--
(A) increased the daily attendance rate and
decreased the drop-out rate of such students;
(B) increased the parental involvement at each such
school;
(C) increased the number of such students attending
post-secondary educational institutions;
(D) positively influenced the behavioral and social
skills of such students; and
(E) reduced alcohol abuse, other drug abuse, and
gang-related activities among such students; and
(3) examine the extent to which such students, teachers,
parents of such students, and the local educational agency and
State educational agency of such secondary school, believe the
extended academic year to have been successful with respect to
the goals specified in paragraphs (1) and (2).
(i) Reports.--
(1) Preliminary report.--The Secretary shall submit a
preliminary report to the President, the Congress, and each
State educational agency of a secondary school which receives a
grant under subsection (a) not later than August 1, 1999,
containing--
(A) a compilation of the information resulting from
the study conducted pursuant to subsection (h);
(B) a description of the extent to which the
Secretary believes the demonstration grant program to
have been successful; and
(C) recommendations for changes and improvements in
such demonstration grant program.
(2) Final report.--To the extent significant additional
information from the study is received after the submission of
the preliminary report pursuant to paragraph (1), the Secretary
shall submit a final report containing such information to each
of the authorities described in paragraph (1) not later than
January 1, 2000.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $10,000,000 for each of the
fiscal years 1997, 1998, and 1999, and such sums may remain available
until expended.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The terms ``local educational agency'', ``State'', and
``State educational agency'' have the respective meanings given
such terms in section 14101 of the Elementary and Secondary
Education Act of 1965.
(2) The term ``secondary school'' has the meaning given
such term in section 14101 of the Elementary and Secondary
Education Act of 1965, except that such term does not include
any education provided below grade 7.
(3) The term ``Secretary'' means the Secretary of
Education. | Directs the Secretary of Education to provide demonstration grants to secondary schools to extend the length of the academic year at such schools, for three consecutive years, to at least 200 academic days, with each such day consisting of at least seven hours of actual instruction.
Requires selection, to the extent practicable, of schools that: (1) have a high percentage of students from single-parent homes or homes where both parents work; (2) are located in economically depressed communities with high percentages of individuals with alcohol and other drug abuse problems and individuals involved in gang activities; and (3) are equitably distributed among various regions and among rural and urban areas.
Directs the Secretary to study and report to the President, the Congress, and each pertinent State educational agency on the effects of such academic year extension.
Authorizes appropriations. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Year 2000 Readiness
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the failure of many computer programs to recognize the
Year 2000 may have extreme negative financial consequences in
the Year 2000, and in subsequent years for both large and small
businesses;
(2) small businesses are well behind larger businesses in
implementing corrective changes to their automated systems;
(3) many small businesses do not have access to capital to
fix mission critical automated systems, which could result in
severe financial distress or failure for small businesses; and
(4) the failure of a large number of small businesses due
to the Year 2000 computer problem would have a highly
detrimental effect on the economy in the Year 2000 and in
subsequent years.
SEC. 3. YEAR 2000 COMPUTER PROBLEM LOAN GUARANTEE PROGRAM.
(a) Program Established.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended by adding at the end the following:
``(27) Year 2000 computer problem program.--
``(A) Definitions.--In this paragraph--
``(i) the term `eligible lender' means any
lender designated by the Administration as
eligible to participate in the general business
loan program under this subsection; and
``(ii) the term `Year 2000 computer
problem' means, with respect to information
technology, and embedded systems, any problem
that adversely affects the processing
(including calculating, comparing, sequencing,
displaying, or storing), transmitting, or
receiving of date-dependent data--
``(I) from, into, or between--
``(aa) the 20th or 21st
centuries; or
``(bb) the years 1999 and
2000; or
``(II) with regard to leap year
calculations.
``(B) Establishment of program.--The Administration
shall--
``(i) establish a loan guarantee program,
under which the Administration may, during the
period beginning on the date of enactment of
this paragraph and ending on December 31, 2000,
guarantee loans made by eligible lenders to
small business concerns in accordance with this
paragraph; and
``(ii) notify each eligible lender of the
establishment of the program under this
paragraph, and otherwise take such actions as
may be necessary to aggressively market the
program under this paragraph.
``(C) Use of funds.--A small business concern that
receives a loan guaranteed under this paragraph shall
only use the proceeds of the loan to--
``(i) address the Year 2000 computer
problems of that small business concern,
including the repair and acquisition of
information technology systems, the purchase
and repair of software, the purchase of
consulting and other third party services, and
related expenses; and
``(ii) provide relief for a substantial
economic injury incurred by the small business
concern as a direct result of the Year 2000
computer problems of the small business concern
or of any other entity (including any service
provider or supplier of the small business
concern), if such economic injury has not been
compensated for by insurance or otherwise.
``(D) Loan amounts.--
``(i) In general.--Notwithstanding
paragraph (3)(A) and subject to clause (ii) of
this subparagraph, a loan may be made to a
borrower under this paragraph even if the total
amount outstanding and committed (by
participation or otherwise) to the borrower
from the business loan and investment fund, the
business guaranty loan financing account, and
the business direct loan financing account
would thereby exceed $750,000.
``(ii) Exception.--A loan may not be made
to a borrower under this paragraph if the total
amount outstanding and committed (by
participation or otherwise) to the borrower
from the business loan and investment fund, the
business guaranty loan financing account, and
the business direct loan financing account
would thereby exceed $1,000,000.
``(E) Administration participation.--
Notwithstanding paragraph (2)(A), in an agreement to
participate in a loan under this paragraph,
participation by the Administration shall not exceed--
``(i) 85 percent of the balance of the
financing outstanding at the time of
disbursement of the loan, if the balance
exceeds $100,000;
``(ii) 90 percent of the balance of the
financing outstanding at the time of
disbursement of the loan, if the balance is
less than or equal to $100,000; and
``(iii) notwithstanding clauses (i) and
(ii), in any case in which the subject loan is
processed in accordance with the requirements
applicable to the SBAExpress Pilot Program, 50
percent of the balance outstanding at the time
of disbursement of the loan.
``(F) Periodic reviews.--The Inspector General of
the Administration shall periodically review a
representative sample of loans guaranteed under this
paragraph to mitigate the risk of fraud and ensure the
safety and soundness of the loan program.
``(G) Annual report.--The Administration shall
annually submit to the Committees on Small Business of
the House of Representatives and the Senate a report on
the results of the program carried out under this
paragraph during the preceding 12-month period, which
shall include information relating to--
``(i) the total number of loans guaranteed
under this paragraph;
``(ii) with respect to each loan guaranteed
under this paragraph--
``(I) the amount of the loan;
``(II) the geographic location of
the borrower; and
``(III) whether the loan was made
to repair or replace information
technology and other automated systems
or to remedy an economic injury; and
``(iii) the total number of eligible
lenders participating in the program.''.
(b) Guidelines.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall issue guidelines to carry out the program
under section 7(a)(27) of the Small Business Act, as added by
this section.
(2) Requirements.--Except to the extent that it would be
inconsistent with this section or section 7(a)(27) of the Small
Business Act, as added by this section, the guidelines issued
under this subsection shall, with respect to the loan program
established under section 7(a)(27) of the Small Business Act,
as added by this section--
(A) provide maximum flexibility in the
establishment of terms and conditions of loans
originated under the loan program so that such loans
may be structured in a manner that enhances the ability
of the applicant to repay the debt;
(B) if appropriate to facilitate repayment,
establish a moratorium on principal payments under the
loan program for up to 1 year beginning on the date of
the origination of the loan;
(C) provide that any reasonable doubts regarding a
loan applicant's ability to service the debt be
resolved in favor of the loan applicant; and
(D) authorize an eligible lender (as defined in
section 7(a)(27)(A) of the Small Business Act, as added
by this section) to process a loan under the loan
program in accordance with the requirements applicable
to loans originated under another loan program
established pursuant to section 7(a) of the Small
Business Act (including the general business loan
program, the Preferred Lender Program, the Certified
Lender Program, the Low Documentation Loan Program, and
the SBAExpress Pilot Program), if--
(i) the eligible lender is eligible to
participate in such other loan program; and
(ii) the terms of the loan, including the
principal amount of the loan, are consistent
with the requirements applicable to loans
originated under such other loan program.
(c) Repeal.--Effective on December 31, 2000, this section and the
amendments made by this section are repealed. | Small Business Year 2000 Readiness Act - Amends the Small Business Act to authorize the Small Business Administration (SBA), during the period ending on December 31, 2000, to: (1) guarantee loans made by eligible lenders to small businesses to address Year 2000 computer problems (Y2K problem), including repair and acquisition, consulting, and related expenses; and (2) provide relief for a substantial economic injury incurred by a small business as a direct result of Y2K problems. Provides loan amounts and administration participation limits. Requires an annual report from the SBA to the congressional small business committees on the loan guarantee program. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Penalty Fairness Act
of 2009''.
SEC. 2. LIMITATION ON PENALTY FOR FAILURE TO DISCLOSE REPORTABLE
TRANSACTIONS BASED ON RESULTING TAX BENEFITS.
(a) In General.--Subsection (b) of section 6707A of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Amount of Penalty.--
``(1) In general.--Except as otherwise provided in this
subsection, the amount of the penalty under subsection (a) with
respect to any reportable transaction shall be 75 percent of
the decrease in tax shown on the return as a result of such
transaction (or which would have resulted from such transaction
if such transaction were respected for Federal tax purposes).
``(2) Maximum penalty.--The amount of the penalty under
subsection (a) with respect to any reportable transaction shall
not exceed--
``(A) in the case of a listed transaction, $200,000
($100,000 in the case of a natural person), or
``(B) in the case of any other reportable
transaction, $50,000 ($10,000 in the case of a natural
person).
``(3) Minimum penalty.--The amount of the penalty under
subsection (a) with respect to any transaction shall not be
less than $10,000 ($5,000 in the case of a natural person).''.
(b) Effective Date.--The amendment made by this section shall apply
to penalties assessed after December 31, 2006.
SEC. 3. REPORT ON TAX SHELTER PENALTIES AND CERTAIN OTHER ENFORCEMENT
ACTIONS.
(a) In General.--The Commissioner of Internal Revenue, in
consultation with the Secretary of the Treasury, shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate an annual report on the penalties
assessed by the Internal Revenue Service during the preceding year
under each of the following provisions of the Internal Revenue Code of
1986:
(1) Section 6662A (relating to accuracy-related penalty on
understatements with respect to reportable transactions).
(2) Section 6700(a) (relating to promoting abusive tax
shelters).
(3) Section 6707 (relating to failure to furnish
information regarding reportable transactions).
(4) Section 6707A (relating to failure to include
reportable transaction information with return).
(5) Section 6708 (relating to failure to maintain lists of
advisees with respect to reportable transactions).
(b) Additional Information.--The report required under subsection
(a) shall also include information on the following with respect to
each year:
(1) Any action taken under section 330(b) of title 31,
United States Code, with respect to any reportable transaction
(as defined in section 6707A(c) of the Internal Revenue Code of
1986).
(2) Any extension of the time for assessment of tax
enforced, or assessment of any amount under such an extension,
under paragraph (10) of section 6501(c) of the Internal Revenue
Code of 1986.
(c) Date of Report.--The first report required under subsection (a)
shall be submitted not later than June 1, 2010.
SEC. 4. APPLICATION OF BAD CHECKS PENALTY TO ELECTRONIC PAYMENTS.
(a) In General.--Section 6657 of the Internal Revenue Code of 1986
is amended--
(1) by striking ``If any check or money order in payment of
any amount'' and inserting ``If any instrument in payment, by
any commercially acceptable means, of any amount'', and
(2) by striking ``such check'' each place it appears and
inserting ``such instrument''.
(b) Effective Dates.--The amendments made by this section shall
apply to instruments tendered after the date of the enactment of this
Act.
SEC. 5. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS RELATING TO
PROPERTY.
(a) In General.--Section 6331(h)(3) of the Internal Revenue Code of
1986 is amended by striking ``goods or services'' and inserting
``property, goods, or services''.
(b) Effective Date.--The amendment made by this section shall apply
to levies approved after the date of the enactment of this Act.
Passed the Senate February 9 (legislative day, February 8),
2010.
Attest:
Secretary.
111th CONGRESS
2d Session
S. 2917
_______________________________________________________________________
AN ACT
To amend the Internal Revenue Code of 1986 to modify the penalty for
failure to disclose certain reportable transactions and the penalty for
submitting a bad check to the Internal Revenue Service, to modify
certain rules relating to Federal vendors, and for other purposes. | Small Business Penalty Fairness Act of 2009 - Amends the Internal Revenue Code to limit the penalty for failure to disclose a reportable transaction (a transaction determined by the Internal Revenue Service [IRS] as having a potential for tax avoidance or evasion) to 75% of the decrease in tax shown on the return as a result of such transaction. Sets forth a maximum penalty for failure to report a reportable transaction and a minimum and maximum penalty for failure to report a listed transaction (a transaction specifically identified by the IRS as a tax avoidance transaction).
Requires the Commissioner of Internal Revenue to report by June 1, 2010, and then annually, to Congress on penalties relating to abusive tax shelters and reportable transactions.
Extends the penalty for tendering a bad check to the Internal Revenue Service to any commercially acceptable payment instrument (including electronic payments).
Expands the continuous tax levy on payments to vendors for goods and services to include payments for all property, goods, or services. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
The Act may be cited as the ``Comprehensive Recycling Act of
1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds and declares the following:
(1) The United States failure to manage its solid waste has
resulted in critical regional and national problems.
(2) Successful solid waste management requires creative use
of the entire hierarchy of solid waste management, including
waste reduction, recycling, waste-to-energy operations, and
landfilling.
(3) Recycling can play a significant role in reducing
municipal waste.
(4) Recycling can prevent depletion of valuable landfill
space, save energy and natural resources, and provide useful
products from discarded materials.
(5) The failure to recycle and reuse materials is a
significant and unnecessary waste of important national energy
and material resources.
(6) Comprehensive, multimaterial recycling programs
represent the most cost-effective and efficient method of
meeting recycling goals.
(7) Limited or selective approaches to recycling may work
to the detriment of a comprehensive national recycling effort
by imposing additional costs and creating inefficiencies in the
overall program.
(8) The responsibility to recycle should be shared by all
consumers of recyclable goods, including individual households,
municipalities, and commercial and institutional
establishments.
(9) All Americans should be provided with an opportunity to
recycle in their community, including at home and at their
place of employment.
(b) Purposes.--The purposes of this Act are as follows:
(1) To require each State to develop and implement a
comprehensive, multimaterial recycling plan to provide its
citizens with the opportunity to recycle.
(2) To require each State, under its plan, to eventually
recycle at least 25 percent of its municipal waste stream.
SEC. 3. NATIONAL POLICY.
The Congress hereby establishes as a national goal the recycling of
municipal waste to the maximum extent practicable, consistent with
market demand for recycled materials.
SEC. 4. TECHNICAL ASSISTANCE.
For purposes of assisting States in carrying out this Act, the
Administrator of the Environmental Protection Agency shall provide
technical assistance and guidance to the States on recycling methods
and opportunities, including the development of the elements for an
effective comprehensive State recycling program. Such a program shall
include, at a minimum, the following elements:
(1) Proven approaches to separation and collection of
municipal waste according to material, including metals, glass,
paper, plastics, yard waste, used oil, used tires, and used
batteries.
(2) Guidance on local or regional drop-off centers for
municipal waste separated at home or business.
(3) Planning and information exchange services on
successful strategies for municipal, commercial, and industrial
recycling programs.
(4) Planning and information exchange services on the
creation of State and regional information clearinghouses on
markets for secondary materials and recycled goods.
SEC. 5. RECYCLING PROGRAMS.
(a) Requirement for State Programs.--
(1) Within 2 years after the date of enactment of this Act,
each State shall develop and implement a comprehensive
multimaterial recycling program to provide its residents with
an opportunity to participate and engage in recycling.
(2) Each State program shall be designed to provide at
least 20 percent of the State's population with an opportunity
to participate in the program within 2 years after the date of
enactment of this Act. Every 2 years thereafter, such program
must be available to an additional 20 percent of the State's
population, until such time that 100 percent of the population
is provided an opportunity to participate in the recycling
program.
(b) Program Components.--Each State recycling program under this
section shall include, at a minimum, each of the following elements:
(1) Material separation and recycling.--Provisions, as
determined by the States, for the separation of recyclable
materials from other municipal waste generated at residential,
commercial, industrial, and institutional establishments. The
types of recyclable materials covered shall be designated by
the State and may include metal cans, glass bottles and jars,
paper, and containers made of plastic such as polyethylene
terephthalate (PET) and high density polyethylene (HDPE).
(2) Yard waste.--Persons at residential, commercial, and
institutional establishments shall separate yard waste from
other municipal waste generated at those establishments, unless
those persons have provided for the composting of their yard
waste.
(3) Notice.--Each State or its political subdivisions shall
establish a comprehensive and sustained public information and
education program concerning recycling program features and
requirements.
(4) Preference.--In implementing its recycling program, a
State or its political subdivisions shall accord consideration
for the collection, processing, and marketing of recyclable
materials to persons engaged in the business of recycling.
(c) Alternative Programs.--A State or its municipalities, or both,
shall be deemed to comply with this section if it has in place an
existing program for the collection of separated materials which may
provide for curbside collection, drop-off centers, regional collection
centers or similar methods of collection which, in its discretion, best
meets the needs of the State and its political subdivisions and which
comply with the intent and requirements of this Act.
SEC. 6. PROGRAM APPROVAL.
Within 2 years after the date of enactment of this Act, a State
shall include its comprehensive recycling program in the State solid
waste management plan required by subtitle D of the Solid Waste
Disposal Act (42 U.S.C. 6941 et seq.). Upon approval of the recycling
program component of the plan by the Administrator of the Environmental
Protection Agency, the State shall be eligible to apply for Federal
grants under section 4011 of the Solid Waste Disposal Act, as added by
section 7, to implement the recycling program.
SEC. 7. STATE GRANTS FOR RECYCLING.
(a) Grants.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C.
6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. RECYCLING GRANTS.
Upon application of a State and from funds appropriated pursuant to
sections 4008 and 4009, the Administrator shall make grants, subject to
such terms and conditions as the Administrator considers appropriate,
under this section to such State for the purpose of assisting the State
in implementing the comprehensive recycling program developed by the
State and approved by the Administrator under the Comprehensive
Recycling Act of 1993, including activities to promote the use of
recycling techniques by businesses, local governments, and regional
waste management authorities. In reviewing grant applications, the
Administrator shall give specific consideration to the needs of rural
areas regarding the collection, separation, and transportation of such
materials and the availability and maturity of the region's recyclers
and markets.''.
(b) Technical Amendment.--The table of contents for such Act
(contained in section 1001) is amended by inserting after the item
relating to section 4010 the following new item:
``4011. Recycling grants.''.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) The term ``commercial, non-hazardous solid waste''
means waste which originates in private, commercial
establishments or enterprises.
(2) The term ``industrial waste'' means all non-hazardous
solid wastes other than residential, commercial, and
institutional wastes.
(3) The term ``institutional waste'' means non-hazardous
solid waste originating from services provided by governmental
entities to the public.
(4) The term ``metal cans'' means aluminum cans, bimetal
cans, and ``tin'' food cans.
(5) The term ``municipal waste'' means residential,
commercial, institutional, and industrial waste. The term does
not include source-separated materials.
(6) The term ``recycling'' means (A) the collection,
processing, and marketing for reuse of metals, glass, paper,
plastics, used oil, yard waste, and other materials which could
otherwise be disposed of or processed as municipal waste, or
(B) the mechanized separation and treatment of municipal waste
(other than through combustion) and creation and recovery of
reusable materials other than a fuel. Such term includes
composting.
(7) The term ``residential waste'' means solid waste
originating from private households.
(8) The term ``solid waste'' has the meaning given such
term by section 1004(27) of the Solid Waste Disposal Act.
(9) The term ``waste reduction'' means an activity or
action, or a combination of activities or actions, that result
in less generation of waste from production, use, and disposal
of a product than would have been generated in the absence of
such activities or actions.
(10) The term ``yard waste'' means leaves, grass clippings,
garden residues, shrubbery, tree trimmings, and similar
material, but does not include land clearing debris such as
tree trunks and stumps. | Comprehensive Recycling Act of 1993 - Requires the Administrator of the Environmental Protection Agency to provide technical assistance and guidance to States on recycling methods and opportunities.
Directs States to develop and implement comprehensive multimaterial recycling programs. Requires such programs to be designed to provide at least 20 percent of a State's population with an opportunity to participate in such programs within two years of this Act's enactment. Provides that such programs must be available to an additional 20 percent of a State's population every two years, until the entire population is provided with such opportunity. Requires States to include recycling programs in the solid waste plan required by the Solid Waste Disposal Act. Makes States with approved plans eligible for Federal grants for recycling programs.
Amends the Solid Waste Disposal Act to require the Administrator to make grants to States for implementing recycling programs. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Prevention Training for
Early Childhood Educators Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide grants to institutions of
higher education and qualified entities that carry out early childhood
education training programs to enable the institutions of higher
education and qualified entities to include violence prevention
training as part of the preparation of individuals pursuing careers in
early childhood development and education.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Aggressive behavior in early childhood is the single
best predictor of aggression in later life.
(2) Aggressive and defiant behavior predictive of later
delinquency is increasing among our Nation's youngest children.
Without prevention efforts, higher percentages of children are
likely to become violent juvenile offenders.
(3) Research has demonstrated that aggression is primarily
a learned behavior that develops through observation,
imitation, and direct experience. Therefore, children who
experience violence as victims or as witnesses are at increased
risk of becoming violent themselves.
(4) In a study at a Boston city hospital, 1 out of every 10
children seen in the primary care clinic had witnessed a
shooting or a stabbing before the age of 6, with 50 percent of
the children witnessing in the home and 50 percent of the
children witnessing in the streets.
(5) A study in New York found that children who had been
victims of violence within their families were 24 percent more
likely to report violent behavior as adolescents, and
adolescents who had grown up in families where partner violence
occurred were 21 percent more likely to experience violent
delinquency than individuals not exposed to violence.
(6) Aggression can become well-learned and difficult to
change by the time a child reaches adolescence. Early childhood
offers a critical period for overcoming risk for violent
behavior and providing support for prosocial behavior.
(7) Violence prevention programs for very young children
yield economic benefits. By providing health and stability to
the individual child and the child's family, the programs may
reduce expenditures for medical care, special education, and
involvement with the judicial system.
(8) Primary prevention can be effective. When preschool
teachers teach young children interpersonal problem-solving
skills and other forms of conflict resolution, children are
less likely to demonstrate problem behaviors.
(9) There is evidence that family support programs in
families with children from birth through 5 years of age are
effective in preventing delinquency.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) At-risk child.--The term ``at-risk child'' means a
child who has been affected by violence through direct exposure
to child abuse, other domestic violence, or violence in the
community.
(2) Early childhood education training program.--The term
``early childhood education training program'' means a program
that--
(A)(i) trains individuals to work with young
children in early child development programs or
elementary schools; or
(ii) provides professional development to
individuals working in early child development programs
or elementary schools;
(B) provides training to become an early childhood
education teacher, an elementary school teacher, a
school counselor, or a child care provider; and
(C) leads to a bachelor's degree or an associate's
degree, a certificate for working with young children
(such as a Child Development Associate's degree or an
equivalent credential), or, in the case of an
individual with such a degree, certificate, or
credential, provides professional development.
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Qualified entity.--The term ``qualified entity'' means
a public or nonprofit private organization which has--
(A) experience in administering a program
consistent with the requirements of this Act; and
(B) demonstrated the ability to coordinate, manage,
and provide technical assistance to programs that
receive grants under this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) Violence prevention.--The term ``violence prevention''
means--
(A) preventing violent behavior in children;
(B) identifying and preventing violent behavior in
at-risk children; or
(C) identifying and ameliorating violent behavior
in children who act out violently.
SEC. 5. PROGRAM AUTHORIZED.
(a) Grant Authority.--The Secretary is authorized to award grants
to institutions of higher education and qualified entities that carry
out early childhood education training programs to enable selected
institutions of higher education and qualified entities to provide
violence prevention training as part of the early childhood education
training program.
(b) Amount.--The Secretary shall award a grant under this Act in an
amount that is not less than $500,000 and not more than $1,000,000.
(c) Duration.--The Secretary shall award a grant under this Act for
a period of not less than 3 years and not more than 5 years.
SEC. 6. APPLICATION.
(a) Application Required.--Each institution of higher education and
qualified entity desiring a grant under this Act shall submit to the
Secretary an application at such time, in such manner, and accompanied
by such information as the Secretary may require.
(b) Contents.--Each application shall--
(1) describe the violence prevention training activities
and services for which assistance is sought;
(2) contain a comprehensive plan for the activities and
services, including a description of--
(A) the goals of the violence prevention training
program;
(B) the curriculum and training that will prepare
students for careers which are described in the plan;
(C) the recruitment, retention, and training of
students;
(D) the methods used to help students find
employment in their fields;
(E) the methods for assessing the success of the
violence prevention training program; and
(F) the sources of financial aid for qualified
students;
(3) contain an assurance that the instructors running the
program are qualified and will use proven methods of violence
prevention;
(4) contain an assurance that the institution has the
capacity to implement the plan; and
(5) contain an assurance that the plan was developed in
consultation with agencies and organizations that will assist
the institution of higher education or qualified entity in
carrying out the plan.
SEC. 7. SELECTION PRIORITIES.
The Secretary shall give priority to awarding grants to
institutions of higher education and qualified entities carrying out
violence prevention programs that include 1 or more of the following
components:
(1) Preparation to engage in family support (such as parent
education, service referral, and literacy training).
(2) Preparation to engage in community outreach or
collaboration with other services in the community.
(3) Preparation to use conflict resolution training with
children.
(4) Preparation to work in economically disadvantaged
communities.
(5) Recruitment of economically disadvantaged students.
(6) Carrying out programs of demonstrated effectiveness in
the type of training for which assistance is sought, including
programs funded under section 596 of the Higher Education Act
of 1965 (as such section was in effect prior to October 7,
1998).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$35,000,000 for each of the fiscal years 2000 through 2004. | Violence Prevention Training for Early Childhood Educators Act - Authorizes the Secretary of Education to award grants for a specified period to enable selected institutions of higher education and other qualified entities to provide violence prevention training as part of the early childhood education training programs they offer.
Prescribes application procedures and selection priorities.
Authorizes appropriations. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Small
Business Innovation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NEW MARKETS VENTURE CAPITAL PROGRAM
Sec. 101. Expansion of New Markets Venture Capital Program.
Sec. 102. Improved nationwide distribution.
Sec. 103. Increased investment in small manufacturers.
Sec. 104. Updating definition of low-income geographic area.
Sec. 105. Study on availability of equity capital.
Sec. 106. Expanding operational assistance to conditionally approved
companies.
Sec. 107. Streamlined application for New Markets Venture Capital
Program.
Sec. 108. Elimination of matching requirement.
Sec. 109. Simplified formula for operational assistance grants.
Sec. 110. Authorization of appropriations.
TITLE II--ANGEL INVESTMENT PROGRAM
Sec. 201. Establishment of Angel Investment Program.
TITLE I--NEW MARKETS VENTURE CAPITAL PROGRAM
SEC. 101. EXPANSION OF NEW MARKETS VENTURE CAPITAL PROGRAM.
(a) Administration Participation Required.--Section 353 of the
Small Business Investment Act of 1958 (15 U.S.C. 689b) is amended by
striking ``under which the Administrator may'' and inserting ``under
which the Administrator shall''.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the Small Business
Administration shall submit to Congress a report evaluating the success
of the expansion of the New Markets Venture Capital Program under this
section.
SEC. 102. IMPROVED NATIONWIDE DISTRIBUTION.
Section 354 of the Small Business Investment Act of 1958 (15 U.S.C.
689c) is amended by adding at the end the following:
``(f) Geographic Expansion.--From among companies submitting
applications under subsection (b), the Administrator shall consider the
selection criteria and nationwide distribution under subsection (c) and
shall, to the maximum extent practicable, approve at least one company
from each geographic region of the Small Business Administration.''.
SEC. 103. INCREASED INVESTMENT IN SMALL MANUFACTURERS.
Section 354(d)(1) of the Small Business Investment Act of 1958 (15
U.S.C. 689c(d)(1)) is amended--
(1) by striking ``Each'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), each''; and
(2) by adding at the end the following:
``(B) Small manufacturer investment capital
requirements.--Each conditionally approved company
engaged primarily in development of and investment in
small manufacturers shall raise not less than
$3,000,000 of private capital or binding capital
commitments from one or more investors (other than
agencies or departments of the Federal Government) who
meet criteria established by the Administrator.''.
SEC. 104. UPDATING DEFINITION OF LOW-INCOME GEOGRAPHIC AREA.
Section 351 of the Small Business Investment Act of 1958 (15 U.S.C.
689) is amended--
(1) by striking paragraphs (2) and (3);
(2) by inserting after paragraph (1) the following:
``(2) Low-income geographic area.--The term `low-income
geographic area' has the same meaning given the term `low-
income community' in section 45D(e) of the Internal Revenue
Code of 1986 (26 U.S.C. 45D(e)).''; and
(3) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
SEC. 105. STUDY ON AVAILABILITY OF EQUITY CAPITAL.
(a) Study Required.--Before the expiration of the 180-day period
that begins on the date of the enactment of this Act, the Chief Counsel
for Advocacy of the Small Business Administration shall conduct a study
on the availability of equity capital in low-income urban and rural
areas.
(b) Report.--Not later than 90 days after the completion of the
study under subsection (a), the Administrator of the Small Business
Administration shall submit to Congress a report containing the
findings of the study required under subsection (a) and any
recommendations of the Administrator based on such study.
SEC. 106. EXPANDING OPERATIONAL ASSISTANCE TO CONDITIONALLY APPROVED
COMPANIES.
(a) Operational Assistance Grants to Conditionally Approved
Companies.--Section 358(a) of the Small Business Investment Act of 1958
(15 U.S.C. 689g(a)) is amended by adding at the end the following:
``(6) Grants to conditionally approved companies.--
``(A) In general.--Subject to subparagraphs (B),
(C), and (D), upon the request of a company
conditionally approved under section 354(c), the
Administrator shall make a grant to the company under
this subsection.
``(B) Repayment by companies not approved.--If a
company receives a grant under this paragraph and does
not enter into a participation agreement for final
approval, the company shall repay the amount of the
grant to the Administrator.
``(C) Deduction from grant to approved company.--If
a company receives a grant under this paragraph and
receives final approval under section 354(e), the
Administrator shall deduct the amount of the grant
under this paragraph from the total grant amount that
the company receives for operational assistance.
``(D) Amount of grant.--No company may receive a
grant of more than $50,000 under this paragraph.''.
(b) Limitation on Time for Final Approval.--Section 354(d) of the
Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is amended in
the matter preceding paragraph (1) by striking ``a period of time, not
to exceed 2 years,'' and inserting ``2 years''.
(c) Expanded Definition of Operational Assistance.--Section 351(4)
of the Small Business Investment Act of 1958, as so redesignated by
section 104 of this Act, is amended by inserting before the period at
the end the following: ``, including assistance on how to implement
energy efficiency and sustainable practices that reduce the use of non-
renewable resources or minimize environmental impact and reduce overall
costs and increase health of employees''.
SEC. 107. STREAMLINED APPLICATION FOR NEW MARKETS VENTURE CAPITAL
PROGRAM.
Not later than 60 days after the date of the enactment of this Act,
the Administrator of the Small Business Administration shall prescribe
standard documents for the final New Markets Venture Capital company
approval application under section 354(e) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator shall
assure that the standard documents shall be designed to substantially
reduce the cost burden of the application process on the companies
involved.
SEC. 108. ELIMINATION OF MATCHING REQUIREMENT.
Section 354(d)(2)(A)(i) of the Small Business Investment Act of
1958 (15 U.S.C. 689c(d)(2)(A)(i)) is amended--
(1) in subclause (I) by adding ``and'' at the end;
(2) in subclause (II) by striking ``and'' at the end; and
(3) by striking subclause (III).
SEC. 109. SIMPLIFIED FORMULA FOR OPERATIONAL ASSISTANCE GRANTS.
Section 358(a)(4)(A) of the Small Business Investment Act of 1958
(15 U.S.C. 689g(a)(4)(A)) is amended--
(1) by striking ``shall be equal to'' and all that follows
through the period at the end and by inserting ``shall be equal
to the lesser of--''; and
(2) by adding at the end the following:
``(i) 10 percent of the resources (in cash
or in kind) raised by the company under section
354(d)(2); or
``(ii) $1,000,000.''.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
Section 368(a) of the Small Business Investment Act of 1958 (15
U.S.C. 689q(a)) is amended by striking ``fiscal years 2001 through
2006'' and inserting ``fiscal years 2010 through 2012''.
TITLE II--ANGEL INVESTMENT PROGRAM
SEC. 201. ESTABLISHMENT OF ANGEL INVESTMENT PROGRAM.
Title III of the Small Business Investment Act of 1958 (15 U.S.C.
681 et seq.) is amended by adding at the end the following:
``PART D--ANGEL INVESTMENT PROGRAM
``SEC. 399A. OFFICE OF ANGEL INVESTMENT.
``(a) Establishment.--There is established, in the Small Business
Investment Division of the Small Business Administration, the Office of
Angel Investment.
``(b) Director.--The head of the Office of Angel Investment is the
Director of Angel Investment.
``(c) Duties.--Subject to the direction of the Administrator, the
Director shall perform the following functions:
``(1) Provide support for the development of angel
investment opportunities for small business concerns.
``(2) Administer the Angel Investment Program under section
399C.
``(3) Administer the Federal Angel Network under section
399D.
``(4) Administer the grant program for the development of
angel groups under section 399E.
``(5) Perform such other duties consistent with this
section as the Administrator shall prescribe.
``SEC. 399B. DEFINITIONS.
``In this part:
``(1) The term `angel group' means a group including 10 or
more angel investors organized for the purpose of making
investments in local or regional small business concerns that--
``(A) consists primarily of angel investors;
``(B) requires angel investors to be accredited
investors; and
``(C) actively involves the angel investors in
evaluating and making decisions about making
investments.
``(2) The term `angel investor' means an individual who--
``(A) qualifies as an accredited investor (as that
term is defined under section 230.501 of title 17, Code
of Federal Regulations); and
``(B) provides capital to or makes investments in a
small business concern.
``(3) The term `small business concern owned and controlled
by veterans' has the meaning given that term under section
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).
``(4) The term `small business concern owned and controlled
by women' has the meaning given that term under section
8(d)(3)(D) of the Small Business Act (15 U.S.C. 637(d)(3)(D)).
``(5) The term `socially and economically disadvantaged
small business concern' has the meaning given that term under
section 8(a)(4)(A) of the Small Business Act (15 U.S.C.
637(a)(4)(A)).
``SEC. 399C. ANGEL INVESTMENT PROGRAM.
``(a) In General.--The Director of Angel Investment shall establish
and carry out a program, to be known as the Angel Investment Program,
to provide financing to approved angel groups for the purpose of
providing venture capital investment in small business concerns in the
communities of such groups.
``(b) Eligibility.--To be eligible to receive financing under this
section, an angel group shall--
``(1) have demonstrated experience making investments in
local or regional small business concerns;
``(2) have established protocols and a due diligence
process for determining its investment strategy;
``(3) have an established code of ethics; and
``(4) submit an application to the Director at such time
and containing such information and assurances as the Director
may require.
``(c) Use of Funds.--An angel group that receives financing under
this section shall use the amounts received to make investments in
small business concerns--
``(1) that have been in existence for less than 5 years as
of the date on which the investment is made;
``(2) that have fewer than 75 employees as of the date on
which the investment is made;
``(3) more than 50 percent of the employees of which
perform substantially all of their services in the United
States as of the date on which the investment is made; and
``(4) within the geographic area determined by the Director
under subsection (e).
``(d) Limitation on Amount.--No angel group receiving financing
under this section shall receive more than $2,000,000.
``(e) Limitation on Geographic Area.--For each angel group
receiving financing under this section, the Director shall determine
the geographic area in which a small business concern must be located
to receive an investment from that angel group.
``(f) Priority in Providing Financing.--In providing financing
under this section, the Director shall give priority to angel groups
that invest in small business concerns owned and controlled by
veterans, small business concerns owned and controlled by women, and
socially and economically disadvantaged small business concerns.
``(g) Nationwide Distribution of Financing.--In providing financing
under this section, the Director shall, to the extent practicable,
provide financing to angel groups that are located in a variety of
geographic areas.
``(h) Matching Requirement.--As a condition of receiving financing
under this section, the Director shall require that for each small
business concern in which the angel group receiving such financing
invests, the angel group shall invest an amount from a source other
than the Federal Government that is equal to or greater than the amount
of the financing provided under this section that the angel group
invests in that small business concern.
``(i) Repayment of Financing.--As a condition of receiving
financing under this section, the Director shall require an angel group
to repay the Director for any investment on which the angel group makes
a profit an amount equal to the percentage of the returns that is equal
to the percentage of the total amount invested by the angel group that
consisted of financing received under this section.
``(j) Angel Investment Fund.--
``(1) Establishment.--There is established in the Treasury
a fund to be known as the Angel Investment Fund.
``(2) Deposit of certain amounts.--Amounts collected under
subsection (i) shall be deposited in such fund.
``(3) Use of deposits.--Deposits in such fund shall be
available for the purpose of providing financing under this
section in the amounts specified in annual appropriations Acts
without regard to fiscal year limitations.
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $10,000,000 for fiscal year 2010;
``(2) $20,000,000 for fiscal year 2011; and
``(3) $20,000,000 for fiscal year 2012.
``SEC. 399D. FEDERAL ANGEL NETWORK.
``(a) In General.--Subject to the succeeding provisions of this
section, the Director of Angel Investment shall establish and maintain
a searchable database, to be known as the Federal Angel Network, to
assist small business concerns in identifying angel investors.
``(b) Network Contents.--The Federal Angel Network shall include--
``(1) a list of the names and addresses of angel groups and
angel investors;
``(2) information about the types of investments each angel
group or angel investor has made; and
``(3) information about other public and private resources
and registries that provide information about angel groups or
angel investors.
``(c) Collection of Information.--
``(1) In general.--The Director shall collect the
information to be contained in the Federal Angel Network and
shall ensure that such information is updated regularly.
``(2) Request for exclusion of information.--The Director
shall not include information concerning an angel investor if
that investor contacts the Director to request that such
information be excluded from the Network.
``(d) Availability.--The Director shall make the Federal Angel
Network available on the Internet website of the Administration and
shall do so in a manner that permits others to download, distribute,
and use the information contained in the Federal Angel Network.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000, to remain available
until expended.
``SEC. 399E. GRANT PROGRAM FOR DEVELOPMENT OF ANGEL GROUPS.
``(a) In General.--The Director of Angel Investment shall establish
and carry out a grant program to make grants to eligible entities for
the development of new or existing angel groups and to increase
awareness and education about angel investing.
``(b) Eligible Entities.--In this section, the term `eligible
entity' means--
``(1) a State or unit of local government;
``(2) a nonprofit organization;
``(3) a State mutual benefit corporation;
``(4) a Small Business Development Center established
pursuant to section 21 of the Small Business Act (15 U.S.C.
648); or
``(5) a women's business center established pursuant to
section 29 of the Small Business Act (15 U.S.C. 656).
``(c) Matching Requirement.--The Administrator shall require, as a
condition of any grant made under this section, that the eligible
entity receiving the grant provide from resources (in cash or in kind),
other than those provided by the Administrator or any other Federal
source, a matching contribution equal to 50 percent of the amount of
the grant.
``(d) Application.--To receive a grant under this section, an
eligible entity shall submit an application that contains--
``(1) a proposal describing how the grant would be used;
and
``(2) any other information or assurances as the Director
may require.
``(e) Report.--Not later than 3 years after the date on which an
eligible entity receives a grant under this section, such eligible
entity shall submit a report to the Administrator describing the use of
grant funds and evaluating the success of the angel group developed
using the grant funds.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000, for each of fiscal
years 2010 through 2012.''. | American Small Business Innovation Act - Amends the Small Business Investment Act of 1958 to require (under current law, authorizes) the Administrator of the Small Business Administration (SBA) to participate in the new markets venture capital program (a program under which investment companies provide capital financing to small businesses). Requires a report from the Administrator to Congress evaluating the success of the new markets venture capital program (program).
Requires the Administrator, in selecting companies for program participation, to approve at least one company from each SBA geographic region.
Requires each conditionally approved company engaged primarily in development of and investment in small manufacturers to raise at least $3 million in capital for such purposes from private investors.
Directs the SBA's Chief Counsel for Advocacy to study the availability of equity capital in low-income urban and rural areas.
Authorizes the Administrator to make grants to conditionally-approved companies for participation in the program.
Revises the program's operational assistance grant formula.
Reauthorizes appropriations to fund debenture guarantees and for operational assistance grants.
Establishes the Office of Angel Investment, headed by a Director, to provide support for the development of angel investment opportunities for small businesses.
Requires the Director to establish and carry out a program to provide financing to approved angel groups. Establishes an Angel Investment Fund.
Requires the Director to establish and maintain a searchable database to assist small businesses in identifying angel investors.
Requires the Director to establish and carry out a program to make grants for the development of new or existing angel groups and to increase awareness and education about angel investing. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazardous Materials Transportation
Authorization Act of 1993''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 115(a) of the Hazardous Materials Transportation Act (49
App. U.S.C. 1812(a)) is amended by striking all after ``not to exceed''
and inserting in lieu thereof ``$12,600,000 for fiscal year 1994,
$13,100,000 for fiscal year 1995, and $13,600,000 for fiscal year
1996.''.
SEC. 3. EXEMPTIONS FROM REQUIREMENT TO FILE REGISTRATION STATEMENT.
Section 106(c) of the Hazardous Materials Transportation Act (49
App. U.S.C. 1805(c)) is amended by adding at the end the following new
paragraph:
``(16) Foreign offerors.--A person who is domiciled outside
the United States and who offers, solely from a location
outside the United States, hazardous materials for
transportation in commerce does not have to file a registration
statement under this subsection.''.
SEC. 4. PLANNING GRANTS FOR INDIAN TRIBES.
(a) Authority To Make Grants.--Section 117A(a)(1) of the Hazardous
Materials Transportation Act (49 App. U.S.C. 1815(a)(1)) is amended--
(1) in the introductory matter, by inserting ``and Indian
tribes'' immediately after ``States''; and
(2) in subparagraph (A), by striking ``within a State and
between a State and another State'' and inserting in lieu
thereof ``within the lands under the jurisdiction of a State or
Indian tribe, and between the lands under the jurisdiction of a
State or Indian tribe and the lands of another State or Indian
tribe''.
(b) Maintenance of Effort.--Section 117A(a)(2) of the Hazardous
Materials Transportation Act (49 App. U.S.C. 1815(a)(2)) is amended by
inserting ``or Indian tribe'' immediately after ``State'' each place it
appears.
(c) Coordination of Planning.--Section 117A(a) of the Hazardous
Materials Transportation Act (49 App. U.S.C. 1815(a)) is amended by
adding at the end the following new paragraph:
``(4) Coordination of planning.--A State or Indian tribe
receiving a grant under this subsection shall ensure that
planning under the grant is coordinated with emergency planning
conducted by adjacent States and Indian tribes.''.
SEC. 5. TRAINING CRITERIA FOR SAFE HANDLING AND TRANSPORTATION.
Section 106(b)(3) of the Hazardous Materials Transportation Act (49
App. U.S.C. 1805(b)(3)) is amended--
(1) in the paragraph heading, by striking ``emergency
response'' and -i-n-s-e-r-t inserting in lieu thereof
``employee'';
(2) by inserting ``or duplicate'' immediately after
``conflict with''; and
(3) by striking all after ``Labor relating to'' through
``(and amendments thereto) and'' and inserting in lieu thereof
``hazard communication, and hazardous waste operations and
emergency response, contained in part 1910 of title 29 of the
Code of Federal Regulations (and amendments thereto) or''.
SEC. 6. DISCLOSURE OF FEES LEVIED BY STATES, POLITICAL SUBDIVISIONS,
AND INDIAN TRIBES.
Section 112(b) of the Hazardous Materials Transportation Act (49
App. U.S.C. 1811(b)) is amended--
(1) by inserting immediately after ``(b) Fees.--'' the
following heading:
``(1) Restriction.--''; and
(2) by adding at the end the following new paragraph:
``(2) Disclosure.--A State or political subdivision thereof
or Indian tribe that levies a fee in connection with the
transportation of hazardous materials shall, upon the
Secretary's request, report to the Secretary on--
``(A) the basis on which the fee is levied upon
persons involved in such transportation;
``(B) the purposes for which the revenues from the
fee are used;
``(C) the annual total amount of the revenues
collected from the fee; and
``(D) such other matters as the Secretary
requests.''.
SEC. 7. ANNUAL REPORT.
Section 109 of the Hazardous Materials Transportation Act (49 App.
U.S.C. 1808(e)) is amended by striking the first sentence and inserting
in lieu thereof the following: ``The Secretary shall, once every 2
years, prepare and submit to the President for transmittal to the
Congress a comprehensive report on the transportation of hazardous
materials during the preceding 2 calendar years.''.
SEC. 8. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.
In implementing the Intelligent Vehicle-Highway Systems Act of 1991
(23 U.S.C. 307 note), the Secretary of Transportation shall ensure that
the National Intelligent Vehicle-Highway Systems Program addresses, in
a comprehensive and coordinated manner, the use of intelligent vehicle-
highway system technologies to promote hazardous materials
transportation safety. The Secretary of Transportation shall ensure
that one or more operational tests funded under such Act shall promote
such safety and advance technology for providing information to persons
who provide emergency response to hazardous materials transportation
incidents.
SEC. 9. RAIL TANK CAR SAFETY.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue final regulations under the
following:
(1) The rulemaking proceeding under Docket HM-175A entitled
``Crashworthiness Protection Requirements for Tank Cars''.
(2) The rulemaking proceeding under Docket HM-201 entitled
``Detection and Repair of Cracks, Pits, Corrosion, Lining
Flaws, Thermal Protection Flaws and Other Defects of Tank Car
Tanks''.
SEC. 10. SAFE PLACEMENT OF TRAIN CARS.
The Secretary of Transportation shall conduct a study of existing
practices regarding the placement of cars on trains, with particular
attention to the placement of cars that carry hazardous materials. In
conducting the study, the Secretary shall consider whether such
placement practices increase the risk of derailment, hazardous
materials spills, or tank ruptures or have any other adverse effect on
safety. The results of the study shall be submitted to Congress within
1 year after the date of enactment of this Act.
SEC. 11. GRADE CROSSING SAFETY.
The Secretary of Transportation shall, within 6 months after the
date of enactment of this Act, amend regulations--
(1) under the Hazardous Materials Transportation Act (49
App. U.S.C. 1801 et seq.) to prohibit the driver of a motor
vehicle transporting hazardous materials in commerce, and
(2) under the Motor Carrier Safety Act of 1984 (49 App.
U.S.C. 2501 et seq.) to prohibit the driver of any commercial
motor vehicle,
from driving the motor vehicle onto a highway-rail grade crossing
without having sufficient space to drive completely through the
crossing without stopping.
SEC. 12. DRIVER'S RECORD OF DUTY STATUS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall promulgate
regulations amending section 395.8(k) of title 49, Code of Federal
Regulations, to require that any supporting document bearing on the
record of duty status of a driver who operates a commercial motor
vehicle--
(1) be -r-e-t-r-a-i-n-e-d-, retained, by the motor carrier
using such driver, for at least 6 months following its receipt
of such document; and
(2) include information identifying the driver and vehicle
related to the document.
(b) Definition.--In this section, the term ``supporting document''
means any electronic or paper document or record generated in the
normal course of business, in the provision of transportation by
commercial motor vehicle, that could be used by a safety inspector or
motor carrier to verify the accuracy of entries in a driver's record of
duty status, including trip reports, pay slips, bills of lading or
shipping papers, and receipts for fuel, lodging, and tolls.
SEC. 13. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS.
(a) Amendment of Regulations.--Within 18 months after the date of
enactment of this Act, the Secretary of Transportation shall amend
section 391.23 of title 49, Code of Federal Regulations, to--
(1) specify the safety information that must be sought
under that section by a motor carrier with respect to a driver;
(2) require that such information be requested from former
employers and that former employers furnish the requested
information within 30 days after receiving the request; and
(3) ensure that the driver to whom such information applies
has a reasonable opportunity to review and comment on the
information.
(b) Safety Information.--The safety information required to be
specified under subsection (a)(1) shall include information on--
(1) any motor vehicle accidents in which the driver was
involved during the preceding 3 years;
(2) any failure of the driver, during the preceding 3
years, to undertake or complete a rehabilitation program under
section 12020 of the Commercial Motor Vehicle Safety Act of
1986 (49 App. U.S.C. 2701) after being found to have used, in
violation of law or Federal regulation, alcohol or a controlled
substance;
(3) any use by the driver, during the preceding 3 years, in
violation of law or Federal regulation, of alcohol or a
controlled substance subsequent to completing such a
rehabilitation program; and
(4) any other matters determined by the Secretary of
Transportation to be appropriate and useful for determining the
driver's safety performance.
(c) Former Employer.--For purposes of this section, a former
employer is any person who employed the driver in the preceding 3
years.
SEC. 14. RETENTION OF SHIPPING PAPERS.
(a) Amendment.--Section 105(g) of the Hazardous Materials
Transportation Act (49 U.S.C. 1804(g)) is amended by adding at the end
the following new paragraph:
``(5) Retention of papers.--After the hazardous material to
which a shipping paper provided to a carrier under paragraph
(1) applies is no longer in transportation, the person who
provided the shipping paper and the carrier required to
maintain it under paragraph (1) shall retain the paper at their
respective principal places of business. Such person and
carrier shall, upon request, make the shipping paper available
to a Federal, State, or local government agency at reasonable
times and locations.''.
(b) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall issue
regulations implementing the requirements of paragraph (5) of section
105(g) of the Hazardous Materials Transportation Act, as added by
subsection (a) of this section.
SEC. 15. TOLL FREE NUMBER FOR REPORTING.
The Secretary of Transportation shall establish a toll free ``800''
telephone number for transporters of hazardous materials and other
individuals to report to the Secretary possible violations of the
Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.) or
any order or regulation issued under this Act.
SEC. 16. TECHNICAL CORRECTIONS.
(a) Amendments Relating to Packaging.--(1) Sections 103(5)(B),
103(6)(A)(iii), and 109(c) of the Hazardous Materials Transportation
Act (49 App. U.S.C. 1802(5)(B), 1802(6)(A)(iii), 1808(c)) are each
amended by striking ``packages'' and inserting in lieu thereof
``packaging''.
(2) Sections 105(a)(3), 105(a)(4)(B)(v), 110(a)(1), and 120 of the
Hazardous Materials Transportation Act (49 App. U.S.C. 1804(a)(3),
1804(a)(4)(B)(v), 1809(a)(1), 1818) are each amended by striking ``a
package'' and inserting in lieu thereof -`-`-p-a-c-k-a-g-i-n-g-'-'-.
``a packaging''.
(3) Sections 106(c)(1)(B) of the Hazardous Materials Transportation
Act (49 App. U.S.C. 1805(c)(1)(B)) is amended--
(A) by striking ``a bulk package'' and inserting in lieu
thereof -`-`-b-u-l-k ``a bulk packaging''; and
(B) by striking ``the package'' and inserting in lieu
thereof ``the bulk packaging''.
(b) Other.--(1) Section 105(a)(3) of the Hazardous Materials
Transportation Act (49 App. U.S.C. 1804(a)(3)) is amended by inserting
``hazardous materials'' immediately after ``shipped''.
(2) Section 105(e)(1) of the Hazardous Materials Transportation Act
(49 App. U.S.C. 1804(e)(1)) is amended by striking ``or package'' and
inserting in lieu thereof ``, package, or packaging (or a component of
a container, package, or packaging)''.
SEC. 17. EXEMPTION FROM HOURS OF SERVICE REQUIREMENTS.
The Secretary of Transportation shall exempt farmers and retail
farm supplies from the hours of service requirements contained in
section 395.3 of title 49, Code of Federal Regulations, when such
farmers and retail farm supplies are transporting farm supplies for
agricultural purposes within a 50-mile radius of their distribution
point during the crop-planting season. | Hazardous Materials Transportation Authorization Act of 1993 - Amends the Hazardous Materials Transportation Act to authorize appropriations for FY 1994 through 1996 for the regulation of the transportation of hazardous materials.
Exempts from the requirement to file a registration statement persons domiciled outside the United States who offer, solely from a location outside the United States, hazardous materials for transportation in commerce.
Directs the Secretary of Transportation (Secretary) to make grants to Indian tribes for the development of emergency response plans with respect to the transportation of hazardous materials through Indian lands. Requires States or Indian tribes receiving such grants to ensure that such emergency planning is coordinated with emergency plans conducted by adjacent States and Indian tribes.
Requires States, local governments, or Indian tribes that levy fees in connection with the transportation of hazardous materials to comply with certain disclosure requirements.
Changes from annual to biennial the Secretary's periodic comprehensive report to the President (for transmittal to the Congress) on the transportation of hazardous materials.
Directs the Secretary to ensure that the National Intelligent Vehicle-Highway Systems Program addresses the use of intelligent vehicle-highway system technologies to promote hazardous materials transportation safety.
Requires the Secretary to issue final regulations under specified dockets concerning: (1) crashworthiness protection requirements for tank cars; and (2) detection and repair of cracks, pits, corrosion, lining flaws, thermal protection flaws and other defects of tank car tanks.
Directs the Secretary to study the existing practices regarding the placement of cars on trains, with particular attention to the placement of cars carrying hazardous materials.
Requires the Secretary to amend regulations under the Hazardous Materials Transportation Act and the Motor Carrier Safety Act of 1984 to prohibit the driver of a motor vehicle transporting hazardous materials in commerce or of any commercial vehicle from driving it onto a highway-rail grade crossing without sufficient space to drive completely through the crossing without stopping.
Requires the Secretary to issue regulations to require that any document bearing on the record of duty status of a driver who operates a commercial motor vehicle: (1) be retained by the employing motor carrier for at least six months after receipt; and (2) include information identifying the driver and vehicle.
Directs the Secretary to amend the Code of Federal Regulations (CFR) with respect to the acquisition of safety performance histories of new drivers employed by a motor carrier.
Requires the retention of shipping papers by persons who provided them and the motor carrier required to maintain it after the hazardous material involved is no longer in transportation.
Requires the Secretary to establish a toll-free "800" telephone number for transporters of hazardous materials and other individuals to report possible violations of the Hazardous Materials Transportation Act or any regulation issued under this Act.
Requires the Secretary to exempt farmers and retail farm suppliers from CFR hours of service requirements when they transport supplies for agricultural purposes within a 50-mile radius of their distribution point during the crop-planting season. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Pharmacy Fairness Act of
2009''.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES
NEGOTIATING WITH HEALTH PLANS.
(a) In General.--Any independent pharmacies who are engaged in
negotiations with a health plan regarding the terms of any contract
under which the pharmacies provide health care items or services for
which benefits are provided under such plan shall, in connection with
such negotiations, be entitled to the same treatment under the
antitrust laws as the treatment to which bargaining units which are
recognized under the National Labor Relations Act are entitled in
connection with activities described in section 7 of such Act. Such a
pharmacy shall, only in connection with such negotiations, be treated
as an employee engaged in concerted activities and shall not be
regarded as having the status of an employer, independent contractor,
managerial employee, or supervisor.
(b) Protection for Good Faith Actions.--Actions taken in good faith
reliance on subsection (a) shall not be the subject under the antitrust
laws of criminal sanctions nor of any civil damages, fees, or penalties
beyond actual damages incurred.
(c) No Change in National Labor Relations Act.--This section
applies only to independent pharmacies excluded from the National Labor
Relations Act. Nothing in this section shall be construed as changing
or amending any provision of the National Labor Relations Act, or as
affecting the status of any group of persons under that Act.
(d) Effective Date.--The exemption provided in subsection (a) shall
apply to conduct occurring beginning on the date of the enactment of
this Act.
(e) Limitations on Exemption.--Nothing in this section shall exempt
from the application of the antitrust laws any agreement or otherwise
unlawful conspiracy that--
(1) would have the effect of boycotting any independent
pharmacy or group of independent pharmacies, or would exclude,
limit the participation or reimbursement of, or otherwise limit
the scope of services to be provided by, any independent
pharmacy or group of independent pharmacies with respect to the
performance of services that are within the scope of practice
as defined or permitted by relevant law or regulation;
(2) allocates a market among competitors;
(3) unlawfully ties the sale or purchase of one product or
service to the sale or purchase of another product or service;
or
(4) monopolizes or attempts to monopolize a market.
(f) Limitation Based on Market Share of Group.--This section shall
not apply with respect to the negotiations of any group of independent
pharmacies with a health plan regarding the terms of any contract under
which such pharmacies provide health care items or services for which
benefits are provided under such plan in a PDP region (as defined in
subsection (j)(4)) if the number of pharmacy licenses of such
pharmacies within such group in such region exceeds 25 percent of the
total number of pharmacy licenses issued to all retail pharmacies
(including both independent and other pharmacies) in such region.
(g) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in
this section shall be construed to affect the application of title VI
of the Civil Rights Act of 1964.
(h) No Application to Specified Federal Programs.--Nothing in this
section shall apply to negotiations between independent pharmacies and
health plans pertaining to benefits provided under any of the
following:
(1) The Medicaid Program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) The State Children's Health Insurance Program (SHIP)
under title XXI of the Social Security Act (42 U.S.C. 1397aa et
seq.).
(3) Chapter 55 of title 10, United States Code (relating to
medical and dental care for members of the uniformed services).
(4) Chapter 17 of title 38, United States Code (relating to
Veterans' medical care).
(5) Chapter 89 of title 5, United States Code (relating to
the Federal employees' health benefits program).
(6) The Indian Health Care Improvement Act (25 U.S.C. 1601
et seq.).
(i) Definitions.--For purposes of this section:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given it in subsection (a) of
the first section of the Clayton Act (15 U.S.C. 12(a)),
except that such term includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition; and
(B) includes any State law similar to the laws
referred to in subparagraph (A).
(2) Health plan and related terms.--
(A) In general.--The term ``health plan''--
(i) means a group health plan or a health
insurance issuer that is offering health
insurance coverage;
(ii) includes any entity that contracts
with such a plan or issuer for the
administering of services under the plan or
coverage; and
(iii) includes a prescription drug plan
offered under part D of title XVIII of the
Social Security Act and a Medicare Advantage
plan offered under part C of such title.
(B) Health insurance coverage; health insurance
issuer.--The terms ``health insurance coverage'' and
``health insurance issuer'' have the meanings given
such terms under paragraphs (1) and (2), respectively,
of section 733(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(b)).
(C) Group health plan.--The term ``group health
plan'' has the meaning given that term in section
733(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1191b(a)(1)).
(3) Independent pharmacy.--The term ``independent
pharmacy'' means a pharmacy that has a market share of--
(A) less than 10 percent in any PDP region; and
(B) less than 1 percent in the United States.
For purposes of the preceding sentence, all pharmacies that are
members of the same controlled group of corporations (within
the meaning of section 267(f) of the Internal Revenue Code of
1986) and all pharmacies under common control (within the
meaning of section 52(b) of such Code but determined by
treating an interest of more than 50 percent as a controlling
interest) shall be treated as 1 pharmacy.
(4) PDP region.--The term ``PDP region'' has the meaning
given such term in section 1860D-11(a)(2) of the Social
Security Act (42 U.S.C. 1395w-111(a)(2)).
(j) 5-Year Sunset.--The exemption provided in subsection (a) shall
only apply to conduct occurring during the 5-year period beginning on
the date of the enactment of this Act and shall continue to apply for 1
year after the end of such period to contracts entered into before the
end of such period.
(k) General Accountability Office Study and Report.--The
Comptroller General of the United States shall conduct a study on the
impact of enactment of this section during the 6-month period beginning
with the 5th year of the 5-year period described in subsection (j). Not
later than the end of such 6-month period, the Comptroller General
shall submit to Congress a report on such study and shall include in
the report such recommendations on the extension of this section (and
changes that should be made in making such extension) as the
Comptroller General deems appropriate.
(l) Oversight.--Nothing in this section shall preclude the Federal
Trade Commission or the Department of Justice from overseeing the
conduct of independent pharmacies covered under this section. | Community Pharmacy Fairness Act of 2009 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations.
Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred.
Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market.
Requires the Comptroller General to study the impact of this Act after five years.
Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Power Marketing
Administrations Privatization Act of 1994''.
SEC. 2. PRIVATIZATION OF FEDERAL POWER MARKETING ADMINISTRATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the power generation and transmission facilities of the
Federal Power Marketing Administrations should be privatized;
and
(2) the transfer of all property of the Federal Power
Marketing Administrations remaining after such privatization
should be made to other Federal, State, and local agencies in
an orderly and expeditious manner.
(b) Purposes.--The purposes of this section are--
(1) to achieve the intention of Congress set forth in
subsection (a) by requiring the President to develop a plan--
(A) for the sale of the power generating and
transmission facilities and equipment of the Federal
Power Marketing Administrations to the private sector
in groupings that will introduce competition into the
generation and sale of electric power;
(B) for the transfer to other governmental entities
of all property of the Federal Power Marketing
Administrations remaining after the sales and transfers
described in subparagraph (A); and
(C) for the orderly termination of the Federal
Power Marketing Administrations after the completion of
such sales and transfers; and
(2) to provide a method for reducing the national debt
through the use of the income derived from such sales and
transfers.
(c) Privatization Plan.--
(1) In general.--Not later than September 30, 1994, the
President shall develop and transmit to Congress a plan for
transferring, by sale or otherwise, all real property,
facilities, and equipment of the Federal Power Marketing
Administrations to appropriate public and private entities.
(2) Contents.--The plan to be developed under paragraph (1)
shall include, at a minimum, recommendations (including
legislative recommendations) of the President concerning each
of the following:
(A) Transfer of power facilities and equipment.--
Transfer by sale of the power generation and
transmission facilities and equipment of the Federal
Power Marketing Administrations, including real
property used in connection with such facilities and
equipment, for the purpose of maximizing proceeds from
such sales. Such transfers may provide for the sale of
generating equipment and facilities to persons other
than the persons to whom transmission facilities are
sold. Such transfers shall be subject to the following
conditions: Former customers of power from the Federal
Power Marketing Administrations shall continue to be
served and reliability of service shall be ensured by
establishing control areas in cooperation with
surrounding control areas. Such transfers may provide,
to the extent practicable, for the grouping of
facilities utilizing different sources of power
(including coal-fired, nuclear, and hydroelectric
generating facilities) and provide for access to the
transmission grids of the Federal Power Marketing
Administrations by such groupings to ensure
availability of power from different sources and to
enhance competition. All outstanding loans associated
with such facilities and equipment shall be assumed by
the purchasers.
(B) Transfer of jurisdictional authority over real
property.--Transfer to appropriate governmental
departments and agencies, including the National Park
Service, of jurisdictional authority over real property
which is controlled by the Federal Power Marketing
Administrations and which is not transferred under
subparagraph (A).
(C) Transfer of certain functions.--Transfer to
appropriate Federal departments and agencies of
functions of the Federal Power Marketing
Administrations which are not related to power
generation and sale.
(D) Termination of federal power marketing
administrations.--Termination of the Federal Power
Marketing Administrations after the transfers under
subparagraphs (A), (B), and (C) have been made.
(3) Additional requirements.--The plan developed under
paragraph (1) shall include--
(A) a step-by-step procedure to carry out the sales
and transfers described in paragraph (2);
(B) a timetable for implementation of each step of
the plan;
(C) an estimate of the amount of anticipated net
proceeds from the sale of assets of the Federal Power
Marketing Administrations; and
(D) an estimate of the cost of implementing the
plan. | Federal Power Marketing Administrations Privatization Act of 1994 - Expresses the sense of the Congress that: (1) the power generation and transmission facilities of the Federal Power Marketing Administrations should be privatized; and (2) all property remaining after such privatization should be transferred to other governmental agencies.
Directs the President to transmit to the Congress a plan for transferring all real property, facilities, and equipment of the Federal Power Marketing Administrations to public and private entities. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Glacier Bay National Park Boundary
Adjustment Act of 1998''.
SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.
(a) In General.--(1) Subject to conditions set forth in subsection
(c), if the State of Alaska, in a manner consistent with this Act,
offers to transfer to the United States the lands identified in
paragraph (2) in exchange for the lands identified in paragraph (4),
selected from the area described in section 3(b)(1), the Secretary of
the Interior (in this Act referred to as the ``Secretary'') shall
complete such exchange no later than 6 months after the issuance of a
license to Gustavus Electric Company by the Federal Energy Regulatory
Commission (in this Act referred to as ``FERC''), in accordance with
this Act. This land exchange shall be subject to the laws applicable to
exchanges involving lands managed by the Secretary as part of the
National Park System in Alaska and the appropriate process for the
exchange of State lands required by State law.
(2) The lands to be conveyed to the United States by the State of
Alaska shall be determined by mutual agreement of the Secretary and the
State of Alaska. Lands that will be considered for conveyance to the
United States pursuant to the process required by State law are lands
owned by the State of Alaska in the Long Lake area within Wrangell-St.
Elias National Park and Preserve, or other lands owned by the State of
Alaska.
(3) If the Secretary and the State of Alaska have not agreed on
which lands the State of Alaska will convey by a date not later than 6
months after a license is issued pursuant to this Act, the United
States shall accept, within 1 year after a license is issued, title to
land having a sufficiently equal value to satisfy State and Federal
law, subject to clear title and valid existing rights, and absence of
environmental contamination, and as provided by the laws applicable to
exchanges involving lands managed by the Secretary as part of the
National Park System in Alaska and the appropriate process for the
exchange of State lands required by State law. Such land shall be
accepted by the United States, subject to the other provisions of this
Act, from among the following State lands in the priority listed:
copper river meridian
(A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1, 2,
and 3, NE\1/4\, S\1/2\NW\1/4\, and S\1/2\. Containing 617.68 acres,
as shown on the plat of survey accepted June 9, 1922.
(B) T.6 S., R. 11 E., partially surveyed, Sec. 11, lots 1 and
2, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and N\1/2\SE\1/4\; Sec. 12;
Sec. 14, lots 1 and 2, NW\1/4\NW\1/4\. Containing 1,191.75 acres,
as shown on the plat of survey accepted June 9, 1922.
(C) T.6 S., R. 11 E., partially surveyed, Sec. 2, NW\1/4\NE\1/
4\ and NW\1/4\. Containing 200.00 acres, as shown on the plat of
survey accepted June 9, 1922.
(D) T.6 S., R. 12 E., partially surveyed, Sec. 6. lots 1
through 10, E\1/2\SW\1/4\ and SE\1/4\. Containing approximately
529.94 acres, as shown on the plat of survey accepted June 9, 1922.
(4) The lands to be conveyed to the State of Alaska by the United
States under paragraph (1) are lands to be designated by the Secretary
and the State of Alaska, consistent with sound land management
principles, based on those lands determined by FERC with the
concurrence of the Secretary and the State of Alaska, in accordance
with section 3(b), to be the minimum amount of land necessary for the
construction and operation of a hydroelectric project.
(5) The time periods set forth for the completion of the land
exchanges described in this Act may be extended as necessary by the
Secretary should the processes of State law or Federal law delay
completion of an exchange.
(6) For purposes of this Act, the term ``land'' means lands,
waters, and interests therein.
(b) Wilderness.--(1) To ensure that this transaction maintains,
within the National Wilderness Preservation System, approximately the
same amount of area of designated wilderness as currently exists, the
following lands in Alaska shall be designated as wilderness in the
priority listed, upon consummation of the land exchange authorized by
this Act and shall be administered according to the laws governing
national wilderness areas in Alaska:
(A) An unnamed island in Glacier Bay National Park lying
southeasterly of Blue Mouse Cove in sections 5, 6, 7, and 8, T. 36
S., R. 54 E., CRM, and shown on United States Geological Survey
quadrangle Mt. Fairweather (D-2), Alaska, containing approximately
789 acres.
(B) Cenotaph Island of Glacier Bay National Park lying within
Lituya Bay in sections 23, 24, 25, and 26, T. 37 S., R. 47 E., CRM,
and shown on United States Geological Survey quadrangle Mt.
Fairweather (C-5), Alaska, containing approximately 280 acres.
(C) An area of Glacier Bay National Park lying in T. 31. S., R.
43 E and T. 32 S., R. 43 E., CRM, that is not currently designated
wilderness, containing approximately 2,270 acres.
(2) The specific boundaries and acreage of these wilderness
designations may be reasonably adjusted by the Secretary, consistent
with sound land management principles, to approximately equal, in sum,
the total wilderness acreage deleted from Glacier Bay National Park and
Preserve pursuant to the land exchange authorized by this Act.
(c) Conditions.--Any exchange of lands under this Act may occur
only if--
(1) following the submission of a complete license application,
FERC has conducted economic and environmental analyses under the
Federal Power Act (16 U.S.C. 791-828) (notwithstanding provisions
of that Act and the Federal regulations that otherwise exempt this
project from economic analyses), the National Environmental Policy
Act of 1969 (42 U.S.C. 4321-4370), and the Fish and Wildlife
Coordination Act (16 U.S.C. 661-666), that conclude, with the
concurrence of the Secretary of the Interior with respect to
subparagraphs (A) and (B), that the construction and operation of a
hydroelectric power project on the lands described in section
3(b)--
(A) will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after
the consummation of the land exchange authorized by this
section);
(B) will comply with the requirements of the National
Historic Preservation Act (16 U.S.C. 470-470w); and
(C) can be accomplished in an economically feasible manner;
(2) FERC held at least one public meeting in Gustavus, Alaska,
allowing the citizens of Gustavus to express their views on the
proposed project;
(3) FERC has determined, with the concurrence of the Secretary
and the State of Alaska, the minimum amount of land necessary to
construct and operate this hydroelectric power project; and
(4) Gustavus Electric Company has been granted a license by
FERC that requires Gustavus Electric Company to submit an
acceptable financing plan to FERC before project construction may
commence, and the FERC has approved such plan.
SEC. 3. ROLE OF FERC.
(a) License Application.--(1) The FERC licensing process shall
apply to any application submitted by Gustavus Electric Company to the
FERC for the right to construct and operate a hydropower project on the
lands described in subsection (b).
(2) FERC is authorized to accept and consider an application filed
by Gustavus Electric Company for the construction and operation of a
hydropower plant to be located on lands within the area described in
subsection (b), notwithstanding section 3(2) of the Federal Power Act
(16 U.S.C. 796(2)). Such application must be submitted within 3 years
after the date of the enactment of this Act.
(3) FERC will retain jurisdiction over any hydropower project
constructed on this site.
(b) Analyses.--(1) The lands referred to in subsection (a) of this
section are lands in the State of Alaska described as follows:
copper river meridian
Township 39 South, Range 59 East, partially surveyed, Section 36
(unsurveyed), SE\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/4\, NE\1/4\SW\1/4\,
W\1/2\W\1/2\NW\1/4\SE\1/4\, and S\1/2\SE\1/4\NW\1/4\. Containing
approximately 130 acres.
Township 40 South, Range 59 East, partially surveyed, Section 1
(unsurveyed), NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and SW\1/4\SW\1/4\NE\1/
4\, excluding U.S. Survey 944 and Native allotment A-442; Section 2
(unsurveyed), fractional, that portion lying above the mean high tide
line of Icy Passage, excluding U.S. Survey 944 and U.S. Survey 945;
Section 11 (unsurveyed), fractional, that portion lying above the mean
high tide line of Icy Passage, excluding U.S. Survey 944; Section 12
(unsurveyed), fractional, NW\1/4\NE\1/4\, W\1/2\NW\1/4\SW\1/4\NE\1/4\,
and those portions of NW\1/4\ and SW\1/4\ lying above the mean high
tide line of Icy Passage, excluding U.S. Survey 944 and Native
allotment A-442. Containing approximately 1,015 acres.
(2) Additional lands and acreage will be included as needed in the
study area described in paragraph (1) to account for accretion to these
lands from natural forces.
(3) With the concurrence of the Secretary and the State of Alaska,
the FERC shall determine the minimum amount of lands necessary for
construction and operation of such project.
(4) The National Park Service shall participate as a joint lead
agency in the development of any environmental document under the
National Environmental Policy Act of 1969 in the licensing of such
project. Such environmental document shall consider both the impacts
resulting from licensing and any land exchange necessary to authorize
such project.
(c) Issuance of License.--(1) A condition of the license to
construct and operate any portion of the hydroelectric power project
shall be FERC's approval, prior to any commencement of construction, of
a finance plan submitted by Gustavus Electric Company.
(2) The National Park Service, as the existing supervisor of
potential project lands ultimately to be deleted from the Federal
reservation in accordance with this Act, waives its right to impose
mandatory conditions on such project lands pursuant to section 4(e) of
the Federal Power Act (16 U.S.C. 797(e)).
(3) FERC shall not license or relicense the project, or amend the
project license unless it determines, with the Secretary's concurrence,
that the project will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after the
consummation of the land exchange authorized by this Act).
Additionally, a condition of the license, or any succeeding license, to
construct and operate any portion of the hydroelectric power project
shall require the licensee to mitigate any adverse effects of the
project on the purposes and values of Glacier Bay National Park and
Preserve identified by the Secretary after the initial licensing.
(4) A condition of the license to construct and operate any portion
of the hydroelectric power project shall be the completion, prior to
any commencement of construction, of the land exchange described in
this Act.
SEC. 4. ROLE OF SECRETARY OF THE INTERIOR.
(a) Special Use Permit.--Notwithstanding the provisions of the
Wilderness Act (16 U.S.C. 1133-1136), the Secretary shall issue a
special use permit to Gustavus Electric Company to allow the completion
of the analyses referred to in section 3. The Secretary shall impose
conditions in the permit as needed to protect the purposes and values
of Glacier Bay National Park and Preserve.
(b) Park System.--The lands acquired from the State of Alaska under
this Act shall be added to and administered as part of the National
Park System, subject to valid existing rights. Upon completion of the
exchange of lands under this Act, the Secretary shall adjust, as
necessary, the boundaries of the affected National Park System units to
include the lands acquired from the State of Alaska; and adjust the
boundary of Glacier Bay National Park and Preserve to exclude the lands
transferred to the State of Alaska under this Act. Any such adjustment
to the boundaries of National Park System units resulting from this Act
shall not be charged against any acreage limitations under section
103(b) of Public Law 96-487.
(c) Wilderness Area Boundaries.--The Secretary shall make any
necessary modifications or adjustments of boundaries of wilderness
areas as a result of the additions and deletions caused by the land
exchange referenced in section 2. Any such adjustment to the boundaries
of National Park System units shall not be considered in applying any
acreage limitations under section 103(b) of Public Law 96-487.
(d) Concurrence of the Secretary.--Whenever in this Act the
concurrence of the Secretary is required, it shall not be unlawfully
withheld or unreasonably delayed.
SEC. 5. APPLICABLE LAW.
The authorities and jurisdiction provided in this Act shall
continue in effect until such time as this Act is expressly modified or
repealed by Congress.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Glacier Bay National Park Boundary Adjustment Act of 1998 - Provides for: (1) an exchange of specified State lands in Alaska for specified Federal lands to be completed within six months after the issuance of a license to Gustavus Electric Company (GEC) by the Federal Energy Regulatory Commission (FERC) for the construction and operation of a hydroelectric project on such Federal lands; or (2) the exchange of other specified Alaska lands having a sufficiently equal value to satisfy State and Federal law within one year after such license is issued if the Secretary of the Interior and Alaska have not agreed on which lands Alaska will convey within such six-month period.
Designates specified State lands and waters in Alaska as wilderness upon consummation of such exchange to ensure that this transaction maintains approximately the same amount of area of designated wilderness.
Conditions such land exchange on: (1) FERC's having conducted economic and environmental analyses pursuant to the Federal Power Act (FPA), the National Environmental Policy Act of 1969, and the Fish and Wildlife Coordination Act that conclude that the construction and operation of a hydroelectric power project on such lands will not adversely impact the purposes and values of the Glacier Bay National Park and Preserve, will comply with the requirements of the National Historic Preservation Act, and can be accomplished in an economically feasible manner; (2) FERC holding at least one public meeting in Gustavus, Alaska, allowing its citizens to express their views on the proposed project; (3) FERC having determined, with the concurrence of the Secretary and Alaska, the minimum amount of land necessary to construct and operate the project; (4) GEC having been granted a FERC license that requires it to submit an acceptable financing plan to FERC before project construction commences; and (5) FERC approving such plan.
Makes the FERC licensing process applicable to any application submitted by GEC to FERC for the right to construct and operate a hydropower project on specified Alaska lands. Authorizes FERC to accept and consider an application filed by GEC for construction and operation of such a project, notwithstanding FPA provisions, if submitted within three years after this Act's enactment. Provides for FERC to retain jurisdiction over any hydropower project constructed on such site. Sets forth additional provisions regarding issuance of a license for construction or operation of such a project.
(Sec. 4) Directs the Secretary to issue a special use permit to GEC to allow completion of the required analyses. Requires the Secretary to impose conditions in the permit as needed to protect the purposes and values of the Preserve. Requires the lands acquired from Alaska to be added to and administered as part of the National Park System, subject to valid existing rights.
Continues the authorities and jurisdiction provided in this Act until expressly modified or repealed by the Congress. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury Reduction and Energy
Security Act of 2010''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Environmental Protection Agency (``EPA'') was
required by the terms of the Clean Air Act Amendments of 1990
and a 1998 consent agreement to determine whether regulation of
mercury from electric utility steam generating units under
section 112 of the Clean Air Act was appropriate and necessary.
(2) In a December 2000, regulatory finding, the EPA
concluded that regulation of mercury from electric utility
steam generating units was appropriate and necessary.
(3) In 2005, the EPA withdrew its 2000 regulatory finding
in favor of a national cap-and-trade system for mercury
emissions from electric utility steam generating units, the
Clean Air Mercury Rule (``CAMR'').
(4) CAMR was subsequently challenged in petitions for
review filed by 17 States.
(5) The United States Court of Appeals for the District of
Columbia Circuit vacated the rule on February 8, 2008, finding
that once the EPA had listed electric utility steam generating
units as a source of hazardous air pollutants, it was required
by law to proceed with Maximum Achievable Control Technology
(``MACT'') regulations under section 112 of the Clean Air Act
unless it delisted the source category, under procedures set
forth in section 112(c)(9).
(6) Mercury control technologies for coal-fired electric
utility steam generating units have advanced rapidly in the
last few years.
(b) Purpose.--The purpose of this Act is to protect public health
and welfare, and the environment, through mercury emission reductions
from electric utility steam generating units.
SEC. 3. MERCURY EMISSION REDUCTIONS.
The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at
the end the following new title:
``TITLE VII--MERCURY REDUCTIONS
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Affected unit.--The term `affected unit' means a
coal-fired electric steam generating unit (including a
cogeneration unit) that--
``(A) has a nameplate capacity greater than 25
megawatts; and
``(B) generates electricity for sale.
``(2) Cogeneration unit.--The term `cogeneration unit'
means a stationary, coal-fired boiler or a stationary, coal-
fired combustion turbine having equipment used to produce
electricity and useful thermal energy for industrial,
commercial, heating, or cooling purposes through the sequential
use of energy that produces during the 12-month period starting
on the date the unit first produces electricity and during any
calendar year after which the unit first produces electricity--
``(A) for a topping-cycle cogeneration unit--
``(i) useful thermal energy not less than 5
percent of total energy output; and
``(ii) useful power that, when added to
one-half of useful thermal energy produced, is
not less than--
``(I) 42.5 percent of total energy
input if useful thermal energy produced
is 15 percent or more of total energy
output; or
``(II) 45 percent of total energy
input if useful thermal energy produced
is less than 15 percent of total energy
output; and
``(B) for a bottoming-cycle cogeneration unit,
useful power not less than 45 percent of total energy
input.
``(3) Inlet mercury.--The term `inlet mercury' means the
quantity of mercury found--
``(A) in the as-fired coal used by an affected
unit; or
``(B) for an affected unit using coal that is
subjected to an advanced coal cleaning technology, in
the as-mined coal used by the affected unit.
``SEC. 702. MERCURY REDUCTION PROGRAM.
``(a) Annual Limitation for Affected Units.--Except as provided in
subsection (f), an affected unit in operation before or after the date
of enactment of this title shall be subject to the following emission
limitations on an annual average calendar year basis with respect to
mercury:
``(1) Calendar years 2012 through 2014.--For the period
beginning on January 1, 2012, and ending on December 31, 2014,
the less stringent limitation of the following (calculated on a
one-year rolling average):
``(A) 80 percent capture of inlet mercury.
``(B) An emission rate of 1.60 pounds of mercury
per trillion British thermal units of input coal.
``(2) Calendar year 2015 and thereafter.--For calendar year
2015 and each calendar year thereafter, the less stringent
limitation of the following (calculated on a one-year rolling
average):
``(A) 90 percent capture of inlet mercury.
``(B) An emission rate of 0.80 pounds of mercury
per trillion British thermal units of input coal.
``(b) Averaging Across Units Within a Facility or State.--(1) An
owner or operator of more than one affected unit at a single facility
may demonstrate compliance with the applicable annual average emission
limitations under subsection (a) by averaging emissions from all
affected units at that facility, weighted by total input coal British
thermal units.
``(2) An owner or operator of more than one affected unit or units
within a State may demonstrate compliance with the applicable annual
average emission limitations under subsection (a) by averaging
emissions from all affected units owned or operated by that owner or
operator within such State, weighted by total input coal British
thermal units, if all affected units are owned or operated by the same
entity.
``(3) If an affected unit is owned or operated by more than one
entity, the State in which the affected unit is located shall allocate
to each such owner or operator an appropriate portion of the generation
from the affected unit for purposes of averaging emissions pursuant to
paragraph (1) or (2).
``(c) Reference Methods for Measuring Mercury Emissions.--(1) The
owner or operator of an affected unit shall use any of the following
methods as a reference method to calibrate the instruments used to
measure the mercury concentration in emissions from affected units:
``(A) ASTM D6784-02, `Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury
in Flue Gas Generated from Coal-Fired Stationary
Sources' (Ontario Hydro Method).
``(B) 40 C.F.R. Part 60, Appendix A-8, Method 29,
`Determination of Metals Emissions from Stationary
Sources'.
``(C) 40 C.F.R. Part 60, Appendix A-8, Method 30A,
`Determination of Total Vapor Phase Mercury Emissions
from Stationary Sources (Instrumental Analyzer
Procedure)'.
``(D) 40 C.F.R. Part 60, Appendix A-8, Method 30B,
`Determination of Total Vapor Phase Mercury Emissions
from Coal-Fired Combustion Sources Using Carbon Sorbent
Traps'.
``(2) The Administrator may revise or supplement the list of
permitted methods set forth in paragraph (1) to reflect improvements or
other developments in the measurement of mercury emissions from coal-
fired electric steam generating units.
``(d) Monitoring System.--(1) The owner or operator of an affected
unit shall install and operate a continuous emissions monitoring system
(CEMS) to measure the quantity of mercury that is emitted from each
affected unit.
``(2) For purposes of complying with paragraph (1), the owner or
operator of an affected unit may use--
``(A) any CEMS that meets the requirements in Performance
Specification 12A (PS-12A), `Specifications and Test Procedures
for Total Vapor-Phase Mercury Continuous Monitoring Systems in
Stationary Sources';
``(B) a mercury concentration CEMS that meets the
requirements of 40 C.F.R. Part 75; or
``(C) a sorbent trap monitoring system that meets the
requirements of 40 C.F.R. 75.15 and 40 C.F.R. Part 75, Appendix
K, `Quality Assurance and Operating Procedures for Sorbent Trap
Monitoring Systems';
``(3) The Administrator may revise or supplement the list
of permitted monitoring systems set forth in paragraph (2) to
reflect improvements or other developments in mercury emissions
reduction technologies and mercury emissions monitoring
systems.
``(e) Excess Emissions.--(1) Except as provided in subsection (f),
the owner or operator of an affected unit that emits mercury in excess
of the applicable annual average emission limitation under subsection
(a) shall pay an excess emissions penalty determined under paragraph
(2).
``(2) The excess emissions penalty for mercury shall be an amount
equal to $50,000 for each pound of mercury emitted in excess of the
applicable annual average emission limitation under subsection (a).
Such penalty shall be prorated for each fraction of a pound.
``(f) Best Practices.--(1) Effective, January 1, 2015, if the owner
or operator of any affected unit fails to achieve the annual average
emission limitation under subsection (a)(2), such owner or operator may
notify the Administrator of such failure prior to March 1, 2015, and
request an alternate emissions limitation for mercury with respect to
such affected unit. Such owner or operator shall submit to the
Administrator mercury emissions data measured by a CEMS that complies
with subsection (d) for evaluation. If the Administrator determines
that such owner or operator has properly installed and operated such
CEMS and control technology designed to achieve such annual average
emission limitation and is unable to meet such limitation, the
Administrator may, not later than April 1, 2016, establish an alternate
emissions limitation for mercury with respect to such affected unit
based on the optimal performance of properly installed and operated
control technology.
``(2) With respect to any affected unit, for any year for which an
alternate emissions limitation for mercury is in place for such
affected unit, the Administrator may review such alternate emissions
limitation and impose a more stringent emissions limitation for mercury
for the subsequent year based on new data regarding the demonstrated
control capabilities of the type of control technology installed and
operated at such affected unit.
``(3)(A) Except as provided in subparagraph (B), an owner or
operator of an affected unit failing to achieve the annual average
emission limitation under subsection (a)(2) that notifies the
Administrator of such failure and requests and alternate emissions
limitation for mercury pursuant to paragraph (1) shall be considered in
compliance with this section (and not subject to any excess emissions
penalty) for the period beginning on January 1, 2015, and ending on the
date such an alternate emissions limitation is implemented.
``(B) An owner or operator described in subparagraph (A) shall pay
an excess emissions penalty, as determined under subsection (e)(2), for
the period described in such subparagraph, if such owner or operator
operates or maintains the affected unit, including any associated air
pollution control equipment, in a manner that is inconsistent with good
air pollution control practices for the minimization of mercury
emissions, as determined by the Administrator. In determining whether
the owner or operator of the affected unit operates and maintains the
affected unit in a manner that is consistent with good air pollution
control practices for the minimization of mercury emissions, the
Administrator may review the emissions monitoring data and operating
and maintenance procedures of the affected unit and may inspect the
affected unit.
``(4)(A) With respect to any affected unit for which an alternate
emissions limitation for mercury is in place under this subsection, the
owner or operator of such affected unit that emits mercury in excess of
such alternate emissions limitation shall pay an excess emissions
penalty determined under subparagraph (B).
``(B) The excess emissions penalty for mercury for an owner or
operator of an affected unit described in subparagraph (A) shall be an
amount equal to $50,000 for each pound of mercury emitted in excess of
the alternate emissions limitation for mercury in place for such
affected unit. Such penalty shall be prorated for each fraction of a
pound.
``(g) Sole Limitation on Mercury.--This title shall apply the sole
emission standard or limitation under this Act with regard to the
emission of mercury from electric utility steam generating units and
shall supersede any other such requirement under section 112 or any
other provision of this Act.
``(h) Relationship to Other Law.--Except as otherwise specifically
provided in this title, nothing in this title precludes a State or
political subdivision of a State from adopting or enforcing any
additional requirements for the control or abatement of mercury
emissions, except that no State or political subdivision thereof shall
adopt or attempt to enforce any standard relating to the reduction or
control of mercury emissions from electric utility steam generating
units that is less stringent than the standards provided in this
title.''. | Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units (coal-fired electric steam generating units that have nameplate capacities greater than 25 megawatts and generate electricity for sale) to reduce mercury emissions by the less stringent limitation of: (1) 80% capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014; and (2) 90% capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter.
Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units.
Establishes excess emissions penalties for mercury. Sets forth compliance provisions.
Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation; (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations; and (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015.
Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Warning Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Effective public warnings save lives, prevent economic
losses, reduce uncertainty and fear, and quicken recovery.
(2) Effective public warnings empower citizens to take
appropriate actions when they are at risk from natural hazards,
technological accidents, and acts of terrorism.
(3) Over ninety percent of public warnings issued are
related to weather events and natural disasters.
(4) The Secretary of Commerce, acting through the National
Oceanic and Atmospheric Administration's National Weather
Service, is the sole official voice of the United States for
issuing warnings during life-threatening weather situations.
(5) The Secretary of Transportation, through the Research
and Special Programs Administration of the Department of
Transportation, is charged with--
(A) protecting the public from the risks to life
and property related to the transportation of hazardous
materials (including chemicals and spent nuclear
materials) by air, water, rail, and highway;
(B) assuring safety from the risks of pipeline
transport;
(C) providing civil sector preparedness and first-
responder training for the Nation's transportation
emergencies; and
(D) coordinating the restoration of essential
transportation systems after emergencies.
(6) Other Federal civilian agencies, including the
Transportation Security Administration, the United States Coast
Guard, and the Federal Emergency Management Agency are tasked
with gathering, coordinating, and disseminating information and
assistance relating to threats to security on the land, on the
sea, and in the air.
(7) The National Telecommunications Information
Administration and the Federal Communications Commission
possess expertise concerning new technologies to improve the
speed and breadth of communications to the general public
concerning threats from weather, natural disasters, acts of
terrorism, and other threats.
(8) Metropolitan and State authorities, in partnership with
the National Weather Service and other Federal agencies, have
the primary responsibility for providing emergency warnings and
rely on national procedures, standards, and systems for
delivering such warnings.
(9) The current patchwork of warning mechanisms often
fails--
(A) to provide all necessary information regarding
threats and appropriate responses; and
(B) to reach all those at risk, particularly those
in isolated places.
(10) National procedures, standards, and systems for public
warnings, including technology protocols for the delivery of
such warnings, will significantly improve the effectiveness of
public warnings at saving lives, reducing injuries, and
reducing the costs of disasters and terrorist acts to the
American people.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure that an effective public
warning system exists to alert Americans to specific risks from natural
disasters, man-made disasters, and other hazardous events, including
chemical and biological threats and other acts of terrorism.
SEC. 4. DEVELOPMENT OF NATIONAL ALL-HAZARD WARNING SYSTEM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Commerce and the Secretary of Homeland
Security, working in coordination with appropriate Federal agencies,
shall establish comprehensive national standards and systems for
providing effective public warnings.
(b) Development of Emergency Warning Network.--In carrying out
subsection (a) the Secretary of Commerce, in coordination with the
Secretary of Homeland Security, the Secretary of Transportation, the
Secretary of Defense, representatives of other Federal departments and
agencies, representatives of State and local governments,
representatives of the private sector, media, and academia involved in
the collection, issuance, dissemination, and distribution of public
warnings, as well as other interested public and private entities,
shall--
(1) develop and implement benchmarks for assessing current
all-hazard warning capabilities, including such capabilities of
the National Oceanic and Atmospheric Administration's National
Weather Service, the United States Geological Survey's National
Earthquake Information Center, and the Department of
Transportation's Office of Pipeline Safety;
(2) conduct research and pilot programs on ways to
determine and improve the effectiveness of all-hazard warnings;
(3) develop specifications for a national backbone, modeled
after the National Oceanic and Atmospheric Administration's
National Weather Radio, to be used to collect all-hazard
warnings from designated authorities and route them to
appropriate dissemination systems;
(4) work with the Assistant Secretary of Commerce for
Communications and Information to use the full range of
communications technologies to provide warnings, including, as
appropriate--
(A) traditional telephones, including special alert
rings to warn individuals in their homes or businesses;
(B) wireless technology, including cellular
telephones and pagers; and
(C) the Internet, including electronic mail;
(5) work with the Federal Communications Commission to
provide warnings to the public through automatic alert
televisions and radios;
(6) educate the public about all-hazard warnings; and
(7) engage in other necessary or appropriate activities to
carry out the purpose of this Act.
(c) Terminology, Protocols, and Terrorism Warnings.--In carrying
out subsection (a) the Secretary of Homeland Security shall--
(1) develop and recommend standards and guidelines for
universal all-hazard warning terminology and protocols in
coordination with the Secretary of Commerce, the Secretary of
Transportation, the Secretary of Defense, representatives of
other Federal departments and agencies, representatives of
State and local governments, representatives of the private
sector, media, and academia involved in the collection,
issuance, dissemination, and distribution of public warnings,
as well as other interested public and private entities; and
(2) issue warnings related to acts of terrorism and other
public safety threats within its jurisdiction via the public
warning system developed in accordance with the standards and
systems established under subsection (a).
(d) Effect on Intelligence Sources.--The Secretary of Commerce and
the Secretary of Homeland Security shall coordinate their respective
and joint activities under this section with the Director of Central
Intelligence to ensure that the procedures, standards, and systems
established under this Act do not adversely affect the protection of
sources and methods.
(e) Reports to Congress.--The Secretary of Commerce and the
Secretary of Homeland Security shall submit a joint report to the
Congress on the status of public warning capability in the United
States not later than 6 months after the date of enactment of this Act
and every 6 months thereafter.
(f) Advisory Committees.--The Secretary of Commerce and the
Secretary of Homeland Security may utilize 1 or more advisory
committees in carrying out their respective and joint responsibilities
under this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) All-hazard.--The term ``all-hazard'' means an emergency
or disaster resulting from--
(A) a natural disaster;
(B) an accident; or
(C) an intentional or negligent act.
(2) Effective public warning.--The term ``effective public
warning'' means practical, comprehensible, and timely
information given to all individuals threatened by an all-
hazard event sufficient to enable them to act to protect their
safety and well-being in a timely manner.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the purpose of carrying
out the provisions of this Act--
(1) $10,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for each of the fiscal
years 2005 through 2008. | Emergency Warning Act of 2003 - Directs the Secretaries of Commerce and Homeland Security to establish comprehensive national standards and systems for providing effective public warnings.Directs the Secretary of Commerce to: (1) develop and implement benchmarks assessing current all-hazard warning capabilities; (2) conduct research and pilot programs to determine and improve the effectiveness of such warnings; (3) develop specifications for a national backbone for collecting and routing all-hazard warnings; (4) use the full range of communications technologies to provide warnings; (5) provide public warnings through automatic alert televisions and radios; and (6) educate the public about such warnings.Directs the Secretary of Homeland Security to: (1) develop and recommend standards and guidelines for universal all-hazard terminology and protocols, and (2) issue warnings related to acts of terrorism and other public safety threats via a public warning system. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copper Salmon Wilderness Act of
2008''.
SEC. 2. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) Designation.--Section 3 of the Oregon Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-328) is amended--
(1) in the matter preceding paragraph (1), by striking
``eight hundred fifty-nine thousand six hundred acres'' and
inserting ``871,593 acres'';
(2) in paragraph (29), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(30) certain land in the Siskiyou National Forest,
comprising approximately 11,922 acres, as generally depicted on
the map entitled `Copper Salmon Wilderness Proposal' and dated
April 1, 2008, to be known as the `Copper Salmon
Wilderness'.''.
(b) Maps and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture (referred
to in this Act as the ``Secretary'') shall file a map and a
legal description of the Copper Salmon Wilderness with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the map and legal description.
(3) Boundary.--If the boundary of the Copper Salmon
Wilderness shares a border with a road, the Secretary may only
establish an offset that is not more than 150 feet from the
centerline of the road.
(4) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(76)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``19-mile segment'' and inserting ``28.2-mile segment'';
(2) in subparagraph (A), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (B) and inserting the
following:
``(B)(i) The approximately 0.6-mile segment of the
North Fork Elk from its source in sec. 21, T. 33 S., R.
12 W., Willamette Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a scenic river.
``(ii) The approximately 5.5-mile segment of the
North Fork Elk from 0.01 miles below Forest Service
Road 3353 to its confluence with the South Fork Elk, as
a wild river.
``(C)(i) The approximately 0.9-mile segment of the
South Fork Elk from its source in the southeast quarter
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian,
downstream to 0.01 miles below Forest Service Road
3353, as a scenic river.
``(ii) The approximately 4.2-mile segment of the
South Fork Elk from 0.01 miles below Forest Service
Road 3353 to its confluence with the North Fork Elk, as
a wild river.''.
SEC. 4. PROTECTION OF TRIBAL RIGHTS.
(a) In General.--Nothing in this Act shall be construed as
diminishing any right of any Indian tribe.
(b) Memorandum of Understanding.--The Secretary shall seek to enter
into a memorandum of understanding with the Coquille Indian Tribe
regarding access to the Copper Salmon Wilderness to conduct historical
and cultural activities.
SEC. 5. DESIGNATION OF POTENTIAL WILDERNESS AREA, SISKIYOU NATIONAL
FOREST, OREGON.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain National Forest System land in
the State of Oregon administered by the Forest Service as part of the
Siskiyou National Forest and compromising approximately 1,708 acres, as
generally depicted on the map entitled ``Copper Salmon Wilderness
Proposal'' and dated April 1, 2008, are designated as a potential
wilderness area for eventual inclusion in the Copper Salmon Wilderness
designated by paragraph (30) of section 3 of the Oregon Wilderness Act
of 1984 (16 U.S.C. 1132 note; Public Law 98-328), as added by section
2.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and legal
description of potential wilderness area designated by subsection (a).
The map and legal description shall have the same force and effect as
if included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and description. In the case of any
discrepancy between the acreage specified in subsection (a) and the
map, the map shall control. The map and legal description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area designated by subsection (a) as wilderness until its
designated as wilderness under subsection (e).
(d) Ecological Restoration.--
(1) In general.--For the purposes of implementing the
planned ecological restoration approved by the Decision Notice
and Finding of No Significant Impact for the Environmental
Assessment for the Coastal Healthy Forest Treatments, dated May
25, 2007, the Secretary may use motorized equipment and
mechanized transport in the potential wilderness area until its
designated as wilderness under subsection (e).
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration under paragraph
(1) with the least amount of adverse impact on wilderness
character and resources.
(e) Eventual Wilderness Designation.--The potential wilderness area
designated by subsection (a) shall be designated as wilderness on the
earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in the potential
wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is 10 years after the date of the
enactment of this Act.
(f) Incorporation Into Copper Salmon Wilderness; Administration.--
On its designation as wilderness under subsection (e), the potential
wilderness area designated by subsection (a) shall be--
(1) incorporated into the Copper Salmon Wilderness; and
(2) administered in accordance with the Wilderness Act, the
Oregon Wilderness Act of 1984, and other laws applicable to the
Copper Salmon Wilderness, except that, with respect to the
potential wilderness area, any reference in the Wilderness Act
to the effective date of that Act shall be deemed to be a
reference to the date on which the lands are designated as
wilderness under subsection (e).
Passed the House of Representatives April 22, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Copper Salmon Wilderness Act of 2008 - Amends the Oregon Wilderness Act of 1984 to designate certain lands in Siskiyou National Forest as the "Copper Salmon Wilderness."
Allows the Secretary of Agriculture, if the boundary of the Copper Salmon Wilderness shares a border with a road, to only establish an offset that is not more than 150 feet from the centerline of the road.
Amends the Wild and Scenic Rivers Act to designate specified segments of the North and South Forks of the Elk River in Oregon as wild or scenic rivers.
Prohibits anything in this Act from being construed as diminishing any right of any Indian tribe.
Directs the Secretary to seek to enter into a memorandum of understanding with the Coquille Indian tribe regarding access to the Copper Salmon Wilderness to conduct historical and cultural activities.
Designates certain National Forest System land in Oregon, which is administered as part of the Siskiyou National Forest, as a potential wilderness area for eventual inclusion in the Copper Salmon Wilderness.
Requires the Secretary to manage the potential wilderness area as wilderness until it is designated as wilderness.
Authorizes, for the purposes of implementing a specified planned ecological restoration, the use of motorized equipment and mechanized transport in the potential wilderness area.
Declares that the potential wilderness area shall be designated as wilderness on the earlier of: (1) the date on which the Secretary publishes in the Federal Register the notice that the conditions in the area that are incompatible with the Wilderness Act have been removed; and (2) the date that is ten years after the enactment of this Act.
Requires the potential wilderness area upon its designation as wilderness to be incorporated into the Copper Salmon Wilderness. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2015''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), and (13) as paragraphs (5), (6), (7),
(8), (9), (11), (13), (14), (15), and (16), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State or an Indian tribe; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (9) (as redesignated by
paragraph (1) of this subsection) the following:
``(10) Publicly-owned dam.--
``(A) In general.--The term `publicly-owned dam'
means a dam that is owned by 1 or more State agencies
or governments, local governments, municipal
governments, or tribal governments.
``(B) Inclusions.--The term `publicly-owned dam'
includes a dam owned by a nonprofit organization that--
``(i) is established by 1 or more State,
local, municipal, or tribal governments; and
``(ii) provides public benefits, such as--
``(I) local flood control
districts;
``(II) regional public water
utilities; and
``(III) local irrigation
districts.''; and
(4) by inserting after paragraph (11) (as redesignated by
paragraph (1) of this subsection) the following:
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State or tribal dam safety
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Administrator shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of deficient dams that are publicly-owned dams.
``(b) Award of Grants.--
``(1) Application.--
``(A) In general.--A State interested in receiving
a grant under this section may submit to the
Administrator an application for the grant.
``(B) Requirements.--An application submitted to
the Administrator under this section shall be submitted
at such time, be in such form, and contain such
information as the Administrator may prescribe by
regulation.
``(2) Grant.--
``(A) In general.--The Administrator may make a
grant in accordance with this section for
rehabilitation of a deficient dam to a State that
submits an application for the grant in accordance with
the regulations prescribed by the Administrator.
``(B) Project grant agreement.--The Administrator
shall enter into a project grant agreement with the
State to establish the terms of the grant and the
project, including the amount of the grant.
``(C) Grant assurance.--As part of a project
agreement entered into under subparagraph (B), the
Administrator shall require a State to provide an
assurance, with respect to the dam to be rehabilitated
under the project, that the owner of the dam has
developed and will carry out a plan for maintenance of
the dam during the expected life of the dam.
``(3) Agreements between states and indian tribes.--A State
that receives a grant under this section may enter into an
agreement with an Indian tribe--
``(A) to transfer grant funds to the tribe for
rehabilitation of a tribally-owned deficient dam
consistent with this section; or
``(B) to authorize the State to use grant funds to
rehabilitate a tribally-owned deficient dam consistent
with this section.
``(4) Applicability of requirements.--The Administrator
shall require recipients of grants under this section to assure
compliance with the standards set forth in section 611(j)(9) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5196(j)(9)), as in effect on the date of
enactment of this section, in the same manner that recipients
of financial contributions under section 611(j) of such Act are
required to assure compliance with such standards.
``(c) Priority System.--The Administrator, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (h)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for the grants for
that fiscal year as follows:
``(1) \1/3\ divided equally among applying States.
``(2) \2/3\ divided among applying States based on the
proportion that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Use of Funds.--None of the funds provided in the form of a
grant or otherwise made available under this section shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(f) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 75 percent of the cost of the rehabilitation.
``(g) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section, a State that
receives the grant shall require that each contract and
subcontract for program management, construction management,
planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using funds from the
grant be awarded in the same manner as a contract for
architectural and engineering services is awarded under--
``(A) chapter 11 of title 40, United States Code;
or
``(B) an equivalent qualifications-based
requirement prescribed by the State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to confer
a proprietary interest upon the United States.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $50,000,000 for fiscal year 2016;
``(B) $100,000,000 for fiscal year 2017;
``(C) $150,000,000 for fiscal year 2018;
``(D) $250,000,000 for fiscal year 2019; and
``(E) $250,000,000 for fiscal year 2020.
``(2) Staff.--There is authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2016 through 2020.
``(3) Period of availability.--Amounts made available under
this section shall remain available until expended.''.
(c) Rulemaking.--
(1) Proposed rulemaking.--Not later than 90 days after the
date of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall issue a notice of proposed
rulemaking regarding the amendments made by this section to the
National Dam Safety Program Act (33 U.S.C. 467 et seq.).
(2) Final rule.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall promulgate a final rule
regarding the amendments described in paragraph (1).
SEC. 3. BUY AMERICA.
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is
amended by adding at the end the following:
``SEC. 15. BUY AMERICA.
``(a) Domestic Source Requirement for Steel, Iron, and Manufactured
Goods.--
``(1) In general.--Notwithstanding any other provision of
law, funds made available to carry out this Act may not be
obligated for a project unless the steel, iron, and
manufactured goods used for the project are produced in the
United States.
``(2) Scope.--The requirements of this section apply to all
contracts for a project carried out within the scope of the
applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) regardless of the funding source of such contracts, if at
least one contract for the project is funded with amounts made
available to carry out this Act.
``(b) Exceptions.--
``(1) Issuance of waivers.--The Administrator may waive the
requirements of subsection (a) only if the Administrator finds
that--
``(A) applying subsection (a) would be inconsistent
with the public interest, as determined in accordance
with the regulations required under paragraph (2);
``(B) the steel, iron, or manufactured goods
required for a project are not produced in the United
States--
``(i) in sufficient and reasonably
available quantities; or
``(ii) to a satisfactory quality; or
``(C) the use of steel, iron, and manufactured
goods produced in the United States for a project will
increase the total cost of the project by more than 25
percent.
``(2) Regulations.--Not later than 1 year after the date of
enactment of this section, the Administrator shall issue
regulations establishing the criteria that the Administrator
shall use to determine whether the application of subsection
(a) is inconsistent with the public interest for purposes of
paragraph (1)(A).
``(3) Requests for waivers.--A recipient of assistance
under this Act seeking a waiver under paragraph (1) shall
submit to the Administrator a request for the waiver in such
form and containing such information as the Administrator may
require.
``(c) Waiver Requirements.--
``(1) Public notification of and opportunity for comment on
request for a waiver.--
``(A) In general.--If the Administrator receives a
request for a waiver under subsection (b), the
Administrator shall provide notice of and an
opportunity for public comment on the request at least
30 days before making a finding based on the request.
``(B) Notice requirements.--A notice provided under
subparagraph (A) shall--
``(i) include the information available to
the Administrator concerning the request,
including whether the request is being made
under subsection (b)(1)(A), (b)(1)(B), or
(b)(1)(C); and
``(ii) be provided by electronic means,
including on the official public Internet Web
site of FEMA.
``(2) Detailed justification in federal register.--If the
Administrator issues a waiver under subsection (b), the
Administrator shall publish in the Federal Register a detailed
justification for the waiver that--
``(A) addresses the public comments received under
paragraph (1)(A); and
``(B) is published before the waiver takes effect.
``(3) Annual report.--Not later than February 1 of each
year beginning after the date of enactment of this section, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report that--
``(A) specifies each project with respect to which
the Administrator issued a waiver under subsection (b)
during the preceding calendar year;
``(B) identifies the country of origin and product
specifications for steel, iron, or manufactured goods
acquired pursuant to each waiver under subsection (b)
issued by the Administrator during the preceding
calendar year;
``(C) summarizes the monetary value of contracts
awarded pursuant to each such waiver;
``(D) provides the justification for each such
waiver, including the specific law, treaty, or
international agreement under which the waiver was
granted;
``(E) summarizes the funds expended on--
``(i) steel, iron, and manufactured goods
produced in the United States for projects with
respect to which the Buy America requirement
under this section applied during the preceding
calendar year; and
``(ii) steel, iron, and manufactured goods
produced outside the United States for projects
with respect to which the Administrator issued
a waiver under subsection (b) during the
preceding calendar year; and
``(F) provides an employment impact analysis of the
cumulative effect of all waivers under subsection (b)
issued by the Administrator during the preceding
calendar year on manufacturing employment in the United
States.
``(d) State Requirements.--The Administrator may not impose a
limitation or condition on assistance provided under this Act that
restricts--
``(1) a State from imposing requirements that are more
stringent than those imposed under this section with respect to
limiting the use of articles, materials, or supplies mined,
produced, or manufactured in foreign countries for projects
carried out with such assistance; or
``(2) any recipient of such assistance from complying with
such State requirements.
``(e) Intentional Violations.--Pursuant to procedures established
under subpart 9.4 of chapter 1 of title 48, Code of Federal
Regulations, a person shall be ineligible to receive a contract or
subcontract funded with amounts made available to carry out this Act if
the Administrator, the head of any department, agency, or
instrumentality of the United States, or a court determines that such
person intentionally--
``(1) affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any
steel, iron, or manufactured goods that--
``(A) were used in a project to which this section
applies; and
``(B) were not produced in the United States; or
``(2) represented that any steel, iron, or manufactured
goods were produced in the United States that--
``(A) were used in a project to which this section
applies; and
``(B) were not produced in the United States.
``(f) Consistency With International Agreements.--
``(1) In general.--This section shall be applied in a
manner that is consistent with United States obligations under
international agreements.
``(2) Treatment of foreign countries in violation of
international agreements.--The Administrator shall prohibit the
use of steel, iron, and manufactured goods produced in a
foreign country in a project funded with amounts made available
to carry out this Act, including any project for which the
Administrator has issued a waiver under subsection (b), if the
Administrator, in consultation with the United States Trade
Representative, determines that the foreign country is in
violation of the terms of an agreement with the United States
by discriminating against steel, iron, or manufactured goods
that are produced in the United States and covered by the
agreement.
``(g) Emergency Waiver.--Notwithstanding any other provision of
this section, the Administrator may waive the applicability of this
section, in whole or in part, in an emergency.''. | Dam Rehabilitation and Repair Act of 2015 Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards of the state or an Indian tribe and pose an unacceptable risk to the public (deficient dams). Sets forth provisions regarding procedures for grant awards and fund allocation. Requires FEMA to: (1) require a state to provide an assurance that the owner of the dam to be rehabilitated has developed and will carry out a maintenance plan during the expected life of the dam, (2) require a recipient of a grant under this Act to comply with requirements applicable to contributions of federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and (3) develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 75%. Prohibits grant funds from being used to: (1) rehabilitate a federal dam, (2) perform routine operation or maintenance, (3) modify a dam to produce hydroelectric power, (4) increase water supply storage capacity, or (5) make any other modification that does not also improve dam safety. Conditions the receipt of grants by a state upon the state following specified requirements applicable to contracts for architectural and engineering services when entering into contracts for services relating to dam rehabilitation. Provides that such contracts shall not be considered to confer a proprietary interest upon the United States. Prohibits funds from being obligated for a project under this Act unless the steel, iron, and manufactured goods used for the project are produced in the United States. Authorizes waivers. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Choice
Preservation Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVEMENTS IN PAYMENTS
Sec. 101. Increase in national per capita medicare+choice growth
percentage in 2001 and 2002.
Sec. 102. Increasing minimum payment amount.
Sec. 103. Allowing movement to 50:50 percent blend in 2002.
Sec. 104. Increasing the minimum percentage increase in 2001.
Sec. 105. Increased update for payment areas with only one or no
Medicare+Choice contracts.
Sec. 106. Elimination of budget neutrality adjustment for 2001 and
2002.
Sec. 107. Revising calculation of area-specific rate.
Sec. 108. 10-year phase in of risk adjustment based on data from all
settings.
TITLE II--ADDITIONAL IMPROVEMENTS
Sec. 201. Delay from July to November, 15, 2000, in deadline for
offering and withdrawing Medicare+Choice
plans for 2001.
Sec. 202. Miscellaneous regulatory changes.
Sec. 203. Effectiveness of elections and changes of elections.
Sec. 204. Uniform premium and benefits.
Sec. 205. Medicare+Choice program compatibility with employer group or
union group health plans.
TITLE I--IMPROVEMENTS IN PAYMENTS
SEC. 101. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH
PERCENTAGE IN 2001 AND 2002.
Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
23(c)(6)(B)) is amended--
(1) in clause (iv), by striking ``for 2001, 0.5 percentage
points'' and inserting ``for 2001, 0 percentage points''; and
(2) in clause (v), by striking ``for 2002, 0.3 percentage
points'' and inserting ``for 2002, 0 percentage points''.
SEC. 102. INCREASING MINIMUM PAYMENT AMOUNT.
(a) In General.--Section 1853(c)(1)(B)(ii) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)(B)(ii)) is amended--
(1) by striking ``(ii) For a succeeding year'' and
inserting ``(ii)(I) Subject to subclause (II), for a succeeding
year''; and
(2) by adding at the end the following new subclause:
``(II) For 2001 for any of the 50 States
and the District of Columbia, $475.''.
(b) Effective Date.--The amendments made by subsection (a) apply to
years beginning with 2001.
SEC. 103. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002.
Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w-
23(c)(2)) is amended--
(1) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(2) by adding after and below subparagraph (F) the
following:
``except that a Medicare+Choice organization may elect to apply
subparagraph (F) (rather than subparagraph (E)) for 2002.''.
SEC. 104. INCREASING THE MINIMUM PERCENTAGE INCREASE IN 2001.
Section 1853(c)(1)(C) of the Social Security Act (42 U.S.C. 1395w-
23(c)(1)(C)) is amended--
(1) in clause (i) by striking ``For 1998'' and inserting
``For 1998, 1999, and 2000''; and
(2) in clause (ii) by striking ``102'' and inserting
``104''.
SEC. 105. INCREASED UPDATE FOR PAYMENT AREAS WITH ONLY ONE OR NO
MEDICARE+CHOICE CONTRACTS.
(a) In General.--Section 1853(c)(1)(C)(ii) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended--
(1) by striking ``(ii) For a subsequent year'' and
inserting ``(ii)(I) Subject to subclause (II), for a subsequent
year''; and
(2) by adding at the end the following new subclause:
``(II) During 2002, 2003, 2004, and 2005,
in the case of a Medicare+Choice payment area
in which there is no more than one contract
entered into under this part as of July 1
before the beginning of the year, 104.5 percent
of the annual Medicare+Choice capitation rate
under this paragraph for the area for the
previous year.''.
(b) Construction.--The amendments made by subsection (a) do not
affect the payment of a first-time bonus under section 1853(i) of the
Social Security Act (42 U.S.C. 1395w-23(i)).
SEC. 106. ELIMINATION OF BUDGET NEUTRALITY ADJUSTMENT FOR 2001 AND
2002.
Section 1853(c) of the Social Security Act (42 U.S.C. 1395w-23(c))
is amended--
(1) in paragraph (1)(A) in the matter following clause
(ii), by inserting ``for a year (other than 2001 or 2002)''
after ``multiplied''; and
(2) in paragraph (5), by inserting ``(other than 2001 or
2002)'' after ``for each year''.
SEC. 107. REVISING CALCULATION OF AREA-SPECIFIC RATE.
(a) In General.--Section 1853(c)(5) of the Social Security Act (42
U.S.C. 1395w-23(c)(5)) is amended--
(1) by striking ``for each year'' and inserting ``for each
year after 2000''; and
(2) by adding at the end the following: ``Such area-
specific capitation rates shall be calculated without regard to
paragraphs (3)(B) and (3)(C).''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to years beginning on or after January 1, 2001.
SEC. 108. 10-YEAR PHASE IN OF RISK ADJUSTMENT BASED ON DATA FROM ALL
SETTINGS.
Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C.
1395w-23(c)(1)(C)(ii)) is amended--
(1) by striking the period at the end of subclause (II) and
inserting a semicolon; and
(2) by adding after and below subclause (II) the following:
``and, beginning in 2004, insofar as such risk
adjustment is based on data from all (or
substantially all) settings, the methodology
shall be phased in equal increments over a 10
year period, beginning with 2004 or (if later)
the first year in which such data is used.''.
TITLE II--ADDITIONAL IMPROVEMENTS
SEC. 201. DELAY FROM JULY TO NOVEMBER, 15, 2000, IN DEADLINE FOR
OFFERING AND WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001.
Notwithstanding any other provision of law, the deadline for a
Medicare+Choice organization to withdraw the offering of a
Medicare+Choice plan under part C of title XVIII of the Social Security
Act (or otherwise to submit information required for the offering of
such a plan) for 2001 is delayed from July 1, 2000, to November 15,
2000, and any such organization that provided notice of withdrawal of
such a plan during 2000 before the date of the enactment of this Act
may rescind such withdrawal at any time before November 15, 2000.
SEC. 202. MISCELLANEOUS REGULATORY CHANGES.
(a) Prohibition on Requirement To Submit Encounter Data.--Section
1853(a)(3)(B) of the Social Security Act (42 U.S.C. 1395w-23(a)(3)(B))
is amended--
(1) by designating the matter following ``Data
collection.--'' as clause (i) with appropriate indentation and
the heading ``In general.--''; and
(2) by adding at the end the following new clauses:
``(ii) Issuance of data submission
requirements.--The Secretary may not require
under clause (i) the submission of encounter
data to support a risk adjustment methodology
based on all (or substantially all) settings
until a reasonable time after the Secretary
issues the complete requirements for data
submission. Such requirements shall be limited
to the minimum data elements necessary to
support the risk adjustment methodology. Such
system shall be designed to accept the required
minimum data elements in a form and manner
compatible with Medicare+Choice organizations'
operations.
``(iii) Evaluation.--In issuing such data
submission requirements, the Secretary must
include an evaluation by an outside,
independent actuary of whether the proposed
data elements are the minimum necessary to
support the risk adjustment methodology.''.
(b) Post-Stabilization Guidelines.--Section 1852(d)(2) of such Act
(42 U.S.C. 1395w-22(d)(2)) is amended by adding at the end the
following: ``In prescribing such guidelines--
``(A) post-stabilization care shall be limited to
care related to treatment of the condition that
precipitated the provision of emergency services; and
``(B) the provider of emergency services is not
authorized to provide post-stabilization care unless--
``(i) the Medicare+Choice organization has
been notified as soon as practicable, but not
later than 2 hours after stabilization, in
advance of the request to provide such care;
``(ii) the organization has either approved
the request or not responded to such request
within a reasonable period (of at least 3
hours) after it has been notified; and
``(iii) the emergency services provider
maintains a written documentation concerning
the notice and the organization's response to
such notice.''.
SEC. 203. EFFECTIVENESS OF ELECTIONS AND CHANGES OF ELECTIONS.
(a) In General.--Section 1851(f)(2) of the Social Security Act (42
U.S.C. 1395w-21(f)(2)) is amended by striking ``made,'' and all that
follows and inserting ``made.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to years beginning on or after on January 1, 2001.
SEC. 204. UNIFORM PREMIUM AND BENEFITS.
(a) In General.--Subsections (c) and (f)(1)(D) of section 1854 of
the Social Security Act (42 U.S.C. 1395w-24) are each amended by
inserting before the period at the end the following: ``, except across
counties as approved by the Secretary''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to years beginning on or after January 1, 2001.
SEC. 205. MEDICARE+CHOICE PROGRAM COMPATIBILITY WITH EMPLOYER OR UNION
GROUP HEALTH PLANS.
(a) In General.--Section 1857 of the Social Security Act (42 U.S.C.
1395w-27) is amended by adding at the end the following new subsection:
``(i) M+C Program Compatibility With Employer or Union Group Health
Plans.--To facilitate the offering of Medicare+Choice plans under
contracts between Medicare+Choice organizations and employers, labor
organizations, or the trustees of a fund established by 1 or more
employers or labor organizations (or combination thereof) to furnish
benefits to the entity's employees, former employees (or combination
thereof) or members or former members (or combination thereof) of the
labor organizations, the Secretary shall waive or modify requirements
that hinder the design of, the offering of, or the enrollment in such
Medicare+Choice plans.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to years beginning on or after January 1, 2001. | Title II: Additional Improvements
- Delays from July to November 2000 the deadline for withdrawing the offer, rescinding the withdrawal, of Medicare+Choice plans for 2001.
Amends SSA title XVIII part C to revise data collection requirements under the Medicare+Choice program with regard to: (1) issuance of encounter data submission; (2) post-stabilization guidelines; (3) effectiveness of elections and changes of elections; (4) uniform premium and benefits; and (5) Medicare+Choice program compatibility with employer or union group health plans. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Biological Monitoring Use
Act''.
SEC. 2. BIOLOGICAL MONITORING AT PUBLICLY OWNED TREATMENT WORKS,
MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND MUNICIPAL
COMBINED SEWER OVERFLOWS, INCLUDING CONTROL FACILITIES,
AND OTHER WET WEATHER CONTROL FACILITIES.
(a) Biological Monitoring Criteria.--Section 303(c)(2) of the
Federal Water Pollution Control Act (33 U.S.C. 1313(c)(2)) is amended--
(1) in subparagraph (B)--
(A) by striking the period at the end and inserting
the following: ``: Provided, That for publicly owned
treatment works, municipal separate storm sewer
systems, and municipal combined sewer overflows,
including control facilities, and other wet weather
control facilities, nothing in this Act shall be
construed to authorize the use of water quality
standards or permit effluent limitations which result
in the finding of a violation upon failure of whole
effluent toxicity tests or biological monitoring
tests.''; and
(B) by inserting after the third sentence the
following: ``Criteria for biological monitoring or
whole effluent toxicity shall employ an aquatic species
that is indigenous to the type of waters, a species
that is representative of such species, or such other
appropriate species as will indicate the toxicity of
the effluent in the specific receiving waters. Such
criteria shall take into account the natural biological
variability of the species, and shall ensure that the
accompanying test method accurately represents actual
in-stream conditions, including conditions associated
with dry and wet weather.''; and
(2) by adding at the end the following:
``(C) Where the permitting authority determines that the discharge
from a publicly owned treatment works, a municipal separate storm sewer
system, or municipal combined sewer overflows, including control
facilities, or other wet weather control facilities causes, has the
reasonable potential to cause, or contributes to an in-stream excursion
above a narrative or numeric criterion for whole effluent toxicity, the
permit may contain terms, conditions, or limitations requiring further
analysis, identification evaluation, or reduction evaluation of such
effluent toxicity. Such terms, conditions, or limitations meeting the
requirements of this section may be utilized in conjunction with a
municipal separate storm sewer system, or municipal combined sewer
overflows, including control facilities, or other wet weather control
facilities only upon a demonstration that such terms, conditions, or
limitations are technically feasible, accurately represent toxicity
associated with wet weather conditions, and can materially assist in an
identification evaluation or reduction evaluation of such toxicity.''.
(b) Information on Water Quality Criteria.--Section 304(a)(8) of
the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(8)) is
amended by inserting ``, consistent with subparagraphs (B) and (C) of
section 303(c)(2),'' after ``publish''.
(c) Use of Biological Monitoring or Whole Effluent Toxicity Testing
at Publicly Owned Treatment Works, Municipal Separate Storm Sewer
Systems, or Municipal Combined Sewer Overflows, Including Control
Facilities, or Other Wet Weather Control Facilities.--Section 402 of
the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by
adding at the end the following:
``(q) Use of Biological Monitoring or Whole Effluent Toxicity
Testing at Publicly Owned Treatment Works, Municipal Separate Storm
Sewer Systems, or Municipal Combined Sewer Overflows, Including Control
Facilities, or Other Wet Weather Control Facilities.--
``(1) In general.--Where the Administrator determines that
it is necessary in accordance with subparagraphs (B) and (C) of
section 303(c)(2) to include biological monitoring, whole
effluent toxicity testing, or assessment methods as a term,
condition, or limitation in a permit issued to a publicly owned
treatment works, a municipal separate storm sewer system, or a
municipal combined sewer overflow, including a control
facility, or other wet weather control facility pursuant to
this section, such permit term, condition, or limitation shall
be in accordance with such subparagraphs.
``(2) Responding to test failures.--If a permit issued
under this section contains terms, conditions, or limitations
requiring biological monitoring or whole effluent toxicity
testing designed to meet criteria for biological monitoring or
whole effluent toxicity, the permit may establish procedures
for further analysis, identification evaluation, or reduction
evaluation of such toxicity. The permit shall allow the
permittee to discontinue such procedures, subject to future
reinitiation of such procedures upon a showing by the
permitting authority of changed conditions, if the source of
such toxicity cannot, after thorough investigation, be
identified.
``(3) Test failure not a violation.--The failure of a
biological monitoring test or a whole effluent toxicity test at
a publicly owned treatment works, a municipal separate storm
sewer system, or a municipal combined sewer overflow, including
a control facility, or other wet weather control facility shall
not result in a finding of a violation under this Act.''. | Municipal Biological Monitoring Use Act - Amends the Federal Water Pollution Control Act relating to a State's adoption of water quality standards to provide that, with respect to publicly owned treatment works, municipal separate storm sewer systems, and municipal combined sewer overflows (public sewer facilities), nothing in such Act shall be construed to authorize the use of water quality standards or permit effluent limitations which result in a finding of a violation upon failure of whole effluent toxicity or biological monitoring tests. Requires criteria for such testing to employ an aquatic species that is indigenous to the type of waters, a species that is representative of such species, or other appropriate species to indicate the toxicity of the effluent in the specific receiving waters, taking into account the natural biological variability of the species.
States that where the permitting authority determines that the discharge from a public sewer facility has reasonable potential to cause or contribute to an in-stream excursion above the criterion for whole effluent toxicity, the permit may contain terms, conditions and limitations requiring further toxicity analysis and evaluation. Directs the Administrator of the Environmental Protection Agency to follow the above criteria when the Administrator determines that it is necessary to include biological monitoring, whole effluent toxicity testing, or assessment methods as a permit term, condition or limitation issued to a public sewer facility. States that the failure of a biological monitoring or whole effluent toxicity test at a public sewer facility shall not result in a finding of a violation under the Federal Water Pollution Control Act. | billsum_train |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.