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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Communities Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Land use and public facility planning at both the State
and local levels have not had adequate financial resources to
fully incorporate the threats posed both by natural and human-
caused disasters, including acts of terrorism. Too frequently
this has resulted in costly disaster relief programs and
piecemeal, ad hoc security responses, such as unattractive
physical barriers that disrupt and adversely impact the
physical, social, economic, and civic lives in United States
communities.
(2) Although land use planning is rightfully within the
jurisdiction of State and local governments, encouraging
community safety by incorporating disaster mitigation and
emergency preparedness into comprehensive land use planning and
urban development should be supported by the Federal Government
and State governments.
(3) Disaster response and relief efforts impose significant
costs to United States taxpayers. Federal expenditure is
heavily weighted to post-disaster recovery, rather than
mitigation. Planning should be undertaken to prevent property
damage and human casualties, proactively incorporating
mitigation strategies and methods from the professional fields
of urban, community, and regional planning (including
transportation and land use), architecture, landscape
architecture, and urban design.
(4) Disaster planning has traditionally been biased toward
facilitating efficient responses and recovery, potentially to
the detriment of other planning goals. Comprehensive planning
can incorporate a range of effective practices for reducing
risks posed by natural disasters and terrorist acts. The
Federal Government and States should provide a supportive
climate and statutory context for comprehensive planning.
(5) Many States have land use statutes that do not
currently support comprehensive planning for safe communities,
and many States are undertaking efforts to update and reform
statutes to better enable planning efforts that incorporate
long-term hazard mitigation and emergency preparedness.
(6) Efforts to coordinate State and regional investments,
including at-risk public infrastructure, with local plans
require additional State level planning.
(7) Comprehensive urban planning takes into account the
relationship between land use, transportation systems, water
and wastewater facilities, open space, and other critical
infrastructure in promoting safe and economically viable
communities.
(8) Local governments should integrate safety
considerations into comprehensive planning efforts.
(9) Safe housing is an essential component of safe
community development, and comprehensive planning should
incorporate modern, scientific planning techniques to ensure
that a broad range of safe housing options are available to all
members of the Nation's communities.
(10) Prevailing land use patterns often place people,
structures, and environmental systems at great risk. Poorly-
regulated rural communities and small towns located on the
metropolitan fringe often face significant growth pressures,
resulting in haphazard development patterns that do not
incorporate regional impacts on critical disaster-reduction
systems, such as open space and wetlands.
(11) The Federal Government and State governments should
support the efforts of tribal governments and Native Hawaiian
organizations to implement land use planning and community
development to improve the safety of housing and socioeconomic
conditions for Indian tribes and Native Hawaiians.
SEC. 3. SAFE COMMUNITIES PLANNING GRANTS.
(a) Grant Program Authorized.--The Secretary of Homeland Security
shall establish a program to provide grants to States and local
governments for the purpose of assisting in--
(1) the development or revision of land use planning
statutes, and State or local comprehensive planning documents,
in those States or local governments that either do not have
land use planning statutes, or have inadequate or outmoded land
use planning statutes and regulations, such that planning
efforts have not adequately incorporated strategies to mitigate
natural and human-caused hazards, including acts of terror, or
otherwise hinder coordination of comprehensive planning and
emergency preparedness efforts;
(2) the creation or revision of State land use planning
statutes and local comprehensive land use plans or plan
elements in those States or local governments that have land
use planning statutes that incorporate risk-reduction and
natural and human-caused hazard mitigation; and
(3) the development or revision of comprehensive land use
plans or plan elements for multi-State regions.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or local planning director shall submit to the
Secretary an application, in such form as the Secretary may require,
that demonstrates to the Secretary that the basic goals of the State or
local government regarding land use planning legislation or regulation
are consistent with all of the following guidelines:
(1) Citizen engagement.--Public notification, citizen
representation, and stakeholder involvement in a consensus-
based, multi-disciplinary planning process are required in
developing, adopting, and updating land use plans.
(2) Multijurisdictional cooperation.--In order to
effectively assess the risks posed to communities by natural
hazards and terrorist acts, planning legislation, comprehensive
plans, and regulations are created based on multijurisdictional
governmental cooperation.
(3) Multi-agency coordination.--In order to effectively
assess the risks posed to communities by natural hazards and
terrorist acts, planning legislation, comprehensive plans, and
regulations are created based on cooperation between Federal,
State, and local government agencies.
(4) Implementation elements.--Land use plans contain an
implementation element that--
(A) includes a timetable for action and a
definition of the respective roles and responsibilities
of agencies, local governments, and citizens of the
State;
(B) is consistent with State and local capital
budget objectives; and
(C) provides the framework for decisions relating
to the siting of future infrastructure development,
including development of utilities and utility
distribution systems.
(5) Comprehensive planning.--There is comprehensive
planning to encourage land use plans that incorporate risk
assessment and mitigation into any of State or locally-
adopted--
(A) comprehensive plans;
(B) urban design guidelines;
(C) building codes; and
(D) transportation plans, addressing both facility
investment and operations.
(6) Updating.--The State or local government addresses how
comprehensive plans, including land use plans, urban design
guidelines, building codes and transportation plans, will be
updated over time.
(7) Standards.--Comprehensive plans reflect an approach
that is consistent with established professional planning
standards.
(c) Use of Grant Funds.--Grant funds received by a State or local
government under subsection (a) shall be used for one or more of the
following purposes:
(1) Developing a comprehensive land use plan and
integrating natural hazard mitigation and security plan
elements into locally adopted and statewide comprehensive
plans.
(2) Assessing, inventorying, or mapping critical public
infrastructure for use in developing land use and community
development policies.
(3) Developing geographical information systems, including
technology acquisition, data development, modernization,
coordination, and technical assistance.
(4) Acquiring and developing scenario planning, risk
assessment, or vulnerability analysis technology.
(5) Reviewing and updating building codes, zoning, land use
regulations, and State-level enabling legislation.
(6) Implementing CPTED (Crime Prevention Through
Environmental Design) initiatives.
(7) Assessing risk and vulnerability, particularly related
to land use.
(8) Incorporating mitigation and security elements in
transportation plans, facilities, and operations.
(9) Incorporating regional security plans with regional
transportation or land use plans.
(10) Encouraging interagency cooperation, particularly
between first-responders and State and local planning agencies.
(11) Identifying natural hazard areas and integrating them
into updates of comprehensive plans, land use regulations,
zoning, and building codes.
(d) Amount of Grant.--The amount of a grant under subsection (a)
shall not exceed $1,125,000.
(e) Cost-Sharing.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of a project funded with a grant under subsection
(a) shall not exceed 90 percent.
(2) Increased federal share.--The Secretary may increase
the Federal share in the case of a grant to a tribal government
or Native Hawaiian organization if the Secretary finds that the
tribal government or Native Hawaiian organization does not have
sufficient funds to contribute to the project.
(f) Coordination.--The Secretary shall encourage Federal land
management agencies to coordinate land use planning for Federal land
with the State or local planning director responsible for the drafting
and updating of State guide plans or guidance documents regulating land
use and infrastructure development on a statewide basis.
(g) Audits.--
(1) In general.--The Inspector General of the Department of
Homeland Security shall conduct an audit of a portion of the
grants provided under this section to ensure that all funds
provided under the grants are used for the purposes specified
in this section.
(2) Use of audit results.--The results of audits conducted
under paragraph (1) and any recommendations made in connection
with the audits shall be taken into consideration in awarding
any future grant under this section to a State.
(h) Definitions.--In this section, the following definitions apply:
(1) Land use planning legislation.--The term ``land use
planning legislation'' means a statute, regulation, executive
order or other action taken by a State or local government to
guide, regulate, and assist in the planning, regulation, and
management of land, natural resources, development practices,
and other activities related to the pattern and scope of future
land use.
(2) Comprehensive plan.--The term ``comprehensive plan''
means a binding or non-binding planning document adopted for
the purpose of regulation and management of land, natural
resources, development practices, infrastructure investments,
and other activities related to the pattern and scope of future
land use and urban development.
(3) State.--The term ``State'' means any of the following:
(A) One of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
(B) A tribal government.
(C) A Native Hawaiian organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(4) State planning director.--The term ``State planning
director'' means a State official designated by statute or by
the chief executive officer of the State whose principal
responsibility is the drafting and updating of State guide
plans or guidance documents that regulate land use and
development on a statewide basis.
(5) Local planning director.--The term ``local planning
director'' means a local official designated by statute, by the
mayor, or by the city council whose principal responsibility is
the drafting and updating of local comprehensive plans or
guidance documents that regulate land use and development
within the local government's jurisdiction.
(6) Tribal government.--The term ``tribal government''
means the tribal government of an Indian tribe, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
SEC. 4 SAFE COMMUNITIES PLANNING RESEARCH.
(a) Research Program Authorized.--The Secretary of Homeland
Security, in coordination with governmental, nongovernmental,
university, and commercial partners, shall conduct research and
analysis of the best practices in comprehensive land use and community
planning that aims to reduce threats posed by natural hazards and acts
of terrorism, focusing on--
(1) the integration of Federal facility security with local
and regional plans, codes, and regulations;
(2) examination of the impacts of security strategies,
facilities, and design on the overall physical and social
environment of a community, including the functionality and
accessibility of its streets, neighborhoods, civic and
commercial building, and public spaces; and
(3) integration of comprehensive mapping and risk-
assessment tools and strategies.
(b) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall report to Congress on best
practices in community security and safety planning, including--
(1) an evaluation of land use and development codes and
ordinances that aim to reduce the risks posed by natural
hazards and acts of terrorism;
(2) an evaluation of software and other tools that have
been developed to aide communities in planning for safe
development;
(3) an evaluation of codes, ordinances, security design
standards, and design tools that aim to encourage safe planning
in the siting and design of residential development; and
(4) evaluation of best practices in incorporating safety
and security into infrastructure planning, including water,
wastewater, and storm water facilities, transportation systems,
and electricity generation and distribution facilities.
In determining best practices, the Secretary shall take into
consideration regional, State, and local differences, and shall
evaluate practices in terms of risk-reduction and cost.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this section
$57,250,000 for each of the fiscal years 2007 through 2011, of which --
(1) $56,250,000 shall be used for making grants under
section 3; and
(2) $300,000 shall be used to carry out section 4. | Safe Communities Act of 2005 - Directs the Secretary of Homeland Security to provide cost-sharing grants to states and local governments for: (1) development or revision of land use planning statutes, and state or local comprehensive planning documents, in those states or local governments that have not adequately incorporated strategies to mitigate natural and human-caused hazards, including terrorism; (2) creation or revision of state land use statutes and local comprehensive land use plans in those states or local governments that have land use statutes that incorporate risk-reduction and natural and human-caused hazard mitigation; and (3) development or revision of multi-state land use plans.
Sets forth eligible grant purposes, including: (1) developing a comprehensive land use plan and integrating natural hazard mitigation and security plan elements into state and local comprehensive plans; (2) assessing, inventorying, or mapping critical public infrastructure; (3) developing geographical information systems; (4) acquiring scenario planning, or risk assessment technology; (5) reviewing building codes, zoning, land use regulations, and related state legislation; (6) implementing crime prevention through environmental design initiatives; (7) assessing land use risk; (8) incorporating mitigation and security elements in transportation plans, facilities, and operations; (9) encouraging interagency cooperation; particularly between first-responders and state and local planning agencies; and (10) identifying natural hazard areas and integrating them into comprehensive plan updates.
Directs the Secretary to analyze comprehensive land use and community planning practices in order to reduce natural hazard and terrorism threats, including: (1) integration of federal facility security with local and regional plans; (2) examination of the impacts of security strategies, facilities, and design on a community's physical and social environment; and (3) integration of mapping and risk-assessment tools and strategies. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chief Justice John Marshall
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) John Marshall served as the Chief Justice of the
Supreme Court of the United States from 1801 to 1835, the
longest tenure of any Chief Justice in the Nation's history;
(2) Under Marshall's leadership, the Supreme Court
expounded the fundamental principles of constitutional
interpretation, including judicial review, and affirmed
national supremacy, both of which served to secure the newly
founded United States against dissolution; and
(3) John Marshall's service to the nascent United States,
not only as Chief Justice, but also as a soldier in the
Revolutionary War, as a member of the Virginia Congress and the
United States Congress, and as Secretary of State, makes him
one of the most important figures in our Nation's history.
SEC. 3. COIN SPECIFICATIONS.
(a) Denomination.--In commemoration of the 250th anniversary of the
birth of Chief Justice John Marshall, the Secretary of the Treasury (in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 400,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of Chief Justice John Marshall and his
contributions to the United States.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2005''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Commission of Fine Arts, and the Supreme Court Historical
Society; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning on January 1, 2005.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2005.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins minted under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to pre-paid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Supreme Court Historical Society for the purposes of--
(1) historical research about the Supreme Court and the
Constitution of the United States and related topics;
(2) supporting fellowship programs, internships, and
docents at the Supreme Court; and
(3) collecting and preserving antiques, artifacts, and
other historical items related to the Supreme Court and the
Constitution of the United States and related topics.
(c) Audits.--The Supreme Court Historical Society shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code, with regard to the amounts received by the Society under
subsection (b).
SEC. 8. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins referred to in section 3(a) shall result in no net cost to
the Federal Government.
(b) Payment for the Coins.--The Secretary may not sell a coin
referred to in section 3(a) unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
Federal Government for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution, the deposits of which
are insured by the Federal Deposit Insurance Corporation, the
Federal Savings and Loan Insurance Corporation, or the National
Credit Union Administration Board.
Passed the Senate November 21, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Chief Justice John Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 400,000 silver one-ollar coins emblematic of Chief Justice John Marshall and his contributions to the United States in commemoration of the 250th anniversary of his birth.
Directs that all sales of coins minted under this Act include a ten-dollar per coin surcharge, to be paid by the Secretary to the Supreme Court Historical Society for purposes of: (1) historical research about the Supreme Court, the Constitution, and related topics; (2) supporting fellowship programs, internships, and docents at the Supreme Court; and (3) collecting and preserving related antiques, artifacts, and other historical items. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Cooperative Antitrust
Protection Act of 1993''.
SEC. 2. PURPOSE.
It is the purpose of this Act to substantively encourage the
formation of efficiency producing, pro-competitive joint ventures among
providers of health care services by minimizing unnecessary antitrust
risk and clarifying regulatory ambiguity in order to reduce excess
capacity and duplication of services.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Advisory Committee'' means the Interagency
Advisory Committee on Competition, Antitrust Policy, and Health
Care established under section 6.
(2) The term ``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--
(A) section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent such section applies to
unfair methods of competition; and
(B) any State law similar to the laws referred to
in subparagraph (A).
(3) The term ``health care joint venture'' means an
agreement between 2 or more providers of health care services
that is entered into solely for the purpose of sharing in the
provision of health care services and that involves substantial
integration or financial risk-sharing between the parties, but
does not include the exchanging of information, the entering
into of any agreement, or the engagement in any other conduct
that is not reasonably required to carry out such agreement.
(4) The term ``health care services'' includes services
related to the delivery or administration of health care
services.
(5) The term ``provider of health care services'' means any
individual or entity that is engaged in the delivery of health
care services in a State and that is required by State law or
regulation to be licensed or certified by the State to engage
in the delivery of such services in the State.
(6) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 4. ESTABLISHMENT OF EXEMPTION PROGRAM FOR HEALTH CARE JOINT
VENTURES.
(a) Establishment.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Health and Human
Services, in concurrence with the Attorney General, shall
promulgate specific guidelines under which a health care joint
venture may submit an application requesting that the Secretary
provide the entities participating in the joint venture with
either of the following exemptions:
(A) With respect to any action brought against the
entity under the antitrust laws, an exemption under
which (notwithstanding any other provision of law)--
(i) monetary recovery on a claim shall be
limited to actual damages if the claim results
from conduct within the scope of the joint
venture and the action is filed after the
exemption becomes effective; and
(ii) the conduct of the entity in making or
performing a contract to carry out the joint
venture shall not be deemed illegal per se but
shall be judged on the basis of its
reasonableness, taking into account all
relevant factors affecting competition,
including (but not limited to) effects on
competition in properly defined, relevant
research, development, product, process, and
service markets (taking into consideration
worldwide capacity to the extent that it may be
appropriate in the circumstances).
(B) An exemption under which (notwithstanding any
other provision of law) the antitrust laws shall not
apply to conduct within the scope of the joint venture
for a 5-year period.
(2) Deadline for response.--The Secretary, with the
concurrence of the Attorney General, shall approve or
disapprove the application of a health care joint venture for
an exemption under this subsection--
(A) in the case of an exemption described in
paragraph (1)(A), not later than 30 days after the
Secretary and the Attorney General receive the joint
venture's application; and
(B) in the case of an exemption described in
paragraph (1)(B), not later than 90 days after the
Secretary and the Attorney General receive the joint
venture's application.
(3) Providing reasons for disapproval.--If the Secretary
disapproves the application of a health care joint venture for
an exemption under this subsection, the Secretary shall provide
the joint venture with a statement explaining the reasons for
the Secretary's disapproval.
(b) Requirements for Approval.--For purposes of subsection (a), the
Secretary and the Attorney General shall approve the application of a
health care joint venture for an exemption under subsection (a) if--
(1) in the case of a joint venture seeking an exemption
described in subsection (a)(1)(B), the Secretary (in
concurrence with the Attorney General) finds that the joint
venture meets the criteria described in subsection (c); and
(2) an entity participating in the joint venture submits to
the Secretary, the Attorney General, and the Advisory Committee
an application not later than 30 days after the entity has
entered into a written agreement to participate in the joint
venture (or not later than 30 days after the date of the
enactment of this Act in the case of an agreement in effect as
of such date) that contains the following information and
assurances:
(A) The identities of the parties to the joint
venture.
(B) The nature, objectives, and planned activities
of the joint venture.
(C) Assurances that the entities participating in
the joint venture shall notify the Secretary and the
Attorney General of any changes in the information
described in subparagraphs (A) and (B) during the
period for which the exemption is in effect.
(D) In the case of a joint venture seeking an
exemption described in subsection (a)(1)(B)--
(i) assurances that the entities
participating in the joint venture shall submit
annual reports to the Secretary and the
Attorney General during the period for which
the exemption is in effect on the activities of
the joint venture; and
(ii) any other information and assurances
required by the Secretary and the Attorney
General to ensure that the joint venture meets
the criteria described in subsection (c).
(c) Criteria Described.--A health care joint venture meets the
criteria referred to in this subsection if the Secretary (with the
concurrence of the Attorney General) finds that the approval of the
joint venture will promote each of the following goals:
(1) The enhancement of the quality of health care services
provided to individuals residing in the geographic area served
by the entities participating in the joint venture.
(2) The preservation of meaningful competition among
providers of health care services in such area.
(3) The reduction of the costs of providing health care
services in such area, or an increase in the efficiency of the
provision of such services.
(4) The improvement of the utilization of health care
services in such area.
(5) The elimination of costly and unnecessary duplication
in the delivery of health care services in such area.
(d) Revocation of Exemption.--
(1) In general.--The Secretary, in concurrence with the
Attorney General, may revoke an exemption provided to a health
care joint venture under this section if, at any time during
which the exemption is in effect, the Secretary finds that the
joint venture no longer meets any of the applicable
requirements for approval under subsection (b), except that the
Secretary may not revoke such an exemption if the failure of
the health care joint venture to meet such requirements is
merely technical in nature.
(2) Timing.--The revocation of an exemption under paragraph
(1) shall apply only to conduct of the health care joint
venture occurring after the date on which the Secretary revokes
the exemption.
(e) Renewal of Exemptions Providing Exemption From Antitrust
Laws.--Upon the request of an entity participating in a health care
joint venture for which an exemption described in subsection (a)(1)(B)
is in effect, the Secretary, in concurrence with the Attorney General
may renew the exemption for an additional 5-year period if the joint
venture continues to meet the applicable requirements for approval
under subsection (b).
(f) Withdrawal of Application.--Any party that submits an
application under this section may withdraw such application at any
time before the Secretary's and the Attorney General's response to the
application.
SEC. 5. REQUIREMENTS RELATING TO NOTICE AND PUBLICATION OF EXEMPTIONS
AND RELATED INFORMATION.
(a) Publication of Approved Applications for Exemptions in Federal
Register.--
(1) In general.--With respect to each exemption for a
health care joint venture provided under section 4(a), the
Secretary (with the concurrence of the Attorney General)
shall--
(A) prepare a notice with respect to the joint
venture that identifies the parties to the venture and
that describes the planned activities of the venture;
(B) submit the notice to the entities participating
in the joint venture; and
(C) after submitting the notice to such entities
(but not later than 30 days after approving the
application for the exemption for the joint venture),
publish the notice in the Federal Register.
(2) Effect of Publication.--An exemption provided by the
Secretary and the Attorney General under section 4(a) shall
take effect as of the date of the publication in the Federal
Register of the notice with respect to the exemption pursuant
to paragraph (1).
(b) Waiver of Disclosure Requirements for Information Relating to
Applications for Exemptions.--
(1) In general.--All information and documentary material
submitted as part of an application of a health care joint
venture for an exemption under section 4(a), together with any
other information obtained by the Attorney General, the
Secretary, or the Advisory Committee in the course of any
investigation, administrative proceeding, or case with respect
to a potential violation of the antitrust laws by the joint
venture with respect to which the exemption applies, shall be
exempt from disclosure under section 552 of title 5, United
States Code, and shall not be made publicly available by any
agency of the United States to which such section applies,
except as relevant to a law enforcement investigation or in a
judicial or administrative proceeding in which such information
and material is subject to any protective order.
(2) Exception for information included in federal register
notice.--Paragraph (1) shall not apply with respect to
information contained in a notice published in the Federal
Register pursuant to subsection (a).
(c) Use of Information to Support or Answer Claims Under Antitrust
Laws.--
(1) In general.--Except as provided in paragraph (2), the
fact of disclosure of conduct under an application for an
exemption under section 4(a) and the fact of publication of a
notice in the Federal Register under subsection (a) shall be
admissible into evidence in any judicial or administrative
proceeding for the sole purpose of establishing that a person
is entitled to the protections provided by an exemption granted
under section 4(a).
(2) Effect of rejected application.--If the Secretary and
the Attorney General deny, in whole or in part, an application
for an exemption under section 4(a), or revoke an exemption
under such section, neither the negative determination nor the
statement of reasons therefore shall be admissible into
evidence in any administrative or judicial proceeding for the
purpose of supporting or answering any claim under the
antitrust laws.
SEC. 6. INTERAGENCY ADVISORY COMMITTEE ON COMPETITION, ANTITRUST
POLICY, AND HEALTH CARE.
(a) Establishment.--There is hereby established the Interagency
Advisory Committee on Competition, Antitrust Policy, and Health Care.
The Advisory Committee shall be composed of--
(1) the Secretary of Health and Human Services (or the
designee of the Secretary);
(2) the Attorney General (or the designee of the Attorney
General);
(3) the Director of the Office of Management and Budget (or
the designee of the Director); and
(4) a representative of the Federal Trade Commission.
(b) Duties.--The duties of the Advisory Committee are--
(1) to discuss and evaluate competition and antitrust
policy, and their implications with respect to the performance
of health care markets;
(2) to analyze the effectiveness of health care joint
ventures receiving exemptions under the program established
under section 4(a) in reducing the costs of and expanding
access to the health care services that are the subject of such
ventures; and
(3) to make such recommendations to Congress not later than
2 years after the date of the enactment of this Act (and at
such subsequent periods as the Advisory Committee considers
appropriate) regarding modifications to the program established
under section 4(a) as the Advisory Committee considers
appropriate, including modifications relating to the costs to
health care providers of obtaining an exemption for a joint
venture under such program. | Health Care Cooperative Antitrust Protection Act of 1993 - Directs the Secretary of Health and Human Services to promulgate guidelines under which a health care joint venture may submit an application requesting that the Secretary provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met and the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se; or (2) the antitrust laws shall not apply to conduct within the scope of the venture for a five-year period.
Requires the Secretary to approve or disapprove the application within a specified time frame and, with respect to a disapproval, to provide a statement explaining the reasons for such disapproval.
Directs the Secretary and the Attorney General to approve the application if: (1) in the case of a venture seeking the five-year exemption, the Secretary finds that such venture meets specified criteria, such as promoting enhancement of the quality of health care services to individuals residing in the geographic area served by the participating entities, preserving meaningful competition among health care providers, reducing costs or increasing efficiency, improving utilization of services, and eliminating costly and unnecessary duplication in the delivery of health care services in such area; and (2) an entity participating in the venture submits to the Secretary, the Attorney General, and the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care (created by this Act) an application that contains the identities of the parties to the venture; the nature, objectives, and planned activities of the venture; and specified assurances and information.
Sets forth provisions regarding: (1) revocation and renewal of exemptions, and withdrawal of an application; and (2) requirements relating to notice and publication of exemptions.
Establishes the Advisory Committee to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American-Made
Energy Freedom Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TAX INCENTIVES FOR CELLULOSIC BIOMASS ETHANOL, SOLAR AND FUEL
CELL PROPERTY, AND CERTAIN LIQUID FUEL DERIVED FROM COAL
Sec. 101. Increased tax credits for cellulosic biomass ethanol.
Sec. 102. Extension of energy credit for solar and fuel cell property.
Sec. 103. Extension and modification of credit for residential energy
efficient property.
Sec. 104. Extension and modification of excise tax credits for certain
liquid fuel derived from coal.
TITLE II--AMERICAN-MADE ENERGY TRUST FUND
Sec. 201. Establishment of American-Made Energy Trust Fund.
TITLE III--DEVELOPMENT OF OIL AND GAS RESOURCES OF THE COASTAL PLAIN OF
ALASKA
Sec. 301. Definitions.
Sec. 302. Leasing program for lands within the Coastal Plain.
Sec. 303. Lease sales.
Sec. 304. Grant of leases by the Secretary.
Sec. 305. Lease terms and conditions.
Sec. 306. Coastal plain environmental protection.
Sec. 307. Expedited judicial review.
Sec. 308. Federal and State distribution of revenues.
Sec. 309. Rights-of-way across the Coastal Plain.
Sec. 310. Conveyance.
Sec. 311. Local government impact aid and community service assistance.
TITLE I--TAX INCENTIVES FOR CELLULOSIC BIOMASS ETHANOL, SOLAR AND FUEL
CELL PROPERTY, AND CERTAIN LIQUID FUEL DERIVED FROM COAL
SEC. 101. INCREASED TAX CREDITS FOR CELLULOSIC BIOMASS ETHANOL.
(a) Income Tax Credit.--
(1) In general.--Section 40 of the Internal Revenue Code of
1986 (relating to alcohol used as fuel) is amended by adding at
the end the following new subsection:
``(i) Increased Credit for Cellulosic Biomass Ethanol.--
``(1) In general.--In the case of cellulosic biomass
ethanol--
``(A) subsection (h) shall not apply,
``(B) if such ethanol has a proof of at least 150
but less than 190--
``(i) subsection (b)(3) shall not apply,
and
``(ii) subsections (b)(1)(A), (b)(2)(A),
(d)(3)(A), and (d)(3)(B) shall each be applied
by substituting `the low-proof cellulosic
ethanol amount' for `60 cents', and
``(C) if such alcohol has a proof of at least 190,
subsections (b)(1)(A), (b)(2)(A), (d)(3)(A), and
(d)(3)(B) shall each be applied by substituting `the
cellulosic ethanol amount' for `60 cents'.
``(2) Limitations.--
``(A) Overall dollar limitation.--Paragraph (1)
shall not apply to any cellulosic biomass ethanol which
is sold or used after the date on which the Secretary
certifies that, in the estimation of the Secretary,
more than $1,250,000,000 has been allowed, in the
aggregate, as a credit under this section with respect
to cellulosic biomass ethanol taken into account under
this subsection and subsection (c).
``(B) Per taxpayer maximum.--
``(i) In general.--With respect to any
taxpayer, paragraph (1) shall only apply to the
first 25,000,000 gallons of cellulosic biomass
ethanol sold or used by the taxpayer during any
calendar year.
``(ii) Termination of taxpayer maximum.--
Clause (i) shall not apply with respect to any
calendar year after the first calendar year
with respect to which the Secretary certifies
that, in the estimation of the Secretary, at
least 10 taxpayers sell or use cellulosic
biomass ethanol to which paragraph (1) applies.
``(C) Per taxpayer minimum.--With respect to any
taxpayer, paragraph (1) shall not apply to any
cellulosic biomass ethanol sold or used by the taxpayer
during any calendar year unless the aggregate amount of
cellulosic biomass ethanol sold or used by such
taxpayer during such calendar year exceeds 5,000,000
gallons.
``(3) Cellulosic ethanol amount; low-proof cellulosic
ethanol amount.--
``(A) In general.--The terms `cellulosic ethanol
amount' and `low-proof cellulosic ethanol amount' mean
$1.25 and $1.10, respectively.
``(B) Phase-out based on price of oil.--
``(i) In general.--The $1.25 and $1.10
amounts contained in subparagraph (A) shall
each be reduced (but not below $0.51 and
$0.3778, respectively) by an amount which bears
the same ratio to the amount so contained in
subparagraph (A) (as so increased) as--
``(I) the amount (if any) by which
the price of a barrel of crude oil
exceeds $40, bears to
``(II) $71.
``(ii) Determination by secretary.--The
price of a barrel of crude oil shall be
determined periodically by the Secretary under
such methodology as the Secretary determines
appropriate. The price determined under this
clause and the reduction required by clause (i)
shall apply with respect to cellulosic biomass
ethanol sold or used during the period with
respect to which such determination relates.
``(C) Inflation adjustment of phase-out based on
price of oil.--In the case of any period beginning in a
calendar year after 2007, the dollar amounts contained
in subclauses (I) and (II) of subparagraph (B)(i) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2006'
for `calendar year 1992' in subparagraph (B)
thereof.
Any increase determined under the preceding sentence
shall be rounded to the nearest multiple of $1.
``(4) Cellulosic biomass ethanol.--The term `cellulosic
biomass ethanol' means ethanol produced by enzymatic hydrolysis
of any lignocellulosic or hemicellulosic feedstock that is
available on a renewable or recurring basis, including
agricultural residues, agricultural fibers, dedicated energy
crops, grasses, plants, and wood and wood residues.
``(5) Application of aggregation, etc., rules.--Rules
similar to the rules of paragraphs (2), (3), and (4) of
subsection (g) shall apply for purposes of the limitations
under subparagraphs (B) and (C) of paragraph (2).''.
(2) Termination.--Subsection (e) of section 40 of such Code
(relating to termination) is amended--
(A) by redesignating paragraph (2) as paragraph
(3),
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Cellulosic biomass ethanol.--In the case of
cellulosic biomass ethanol with respect to which subsection
(i)(1) applies--
``(A) paragraph (1) shall not apply, and
``(B) this section shall not apply to any sale or
use of such ethanol for any period after the earlier of
the date on which the Secretary makes the certification
described in subsection (i)(2)(A) or December 31,
2023.'', and
(C) by inserting ``or (2)'' after ``paragraph (1)''
in paragraph (3) (as redesignated by this paragraph).
(b) Excise Tax Credit.--
(1) In general.--Paragraph (2) of section 6426(b) of the
Internal Revenue Code of 1986 (relating to applicable amount)
is amended--
(A) by adding at the end the following new
subparagraph:
``(C) Cellulosic biomass ethanol.--In the case of
cellulosic biomass ethanol to which section 40(i)(1)
applies or to which such section would apply but for
subsections (c) and (e) of section 40, the applicable
amount is the cellulosic ethanol amount (as defined in
section 40(i)(3)).'', and
(B) by striking ``subparagraph (B)'' in
subparagraph (A) and inserting ``subparagraphs (B) or
(C)''.
(2) Termination.--Paragraph (5) of section 6426(b) of such
Code (relating to termination) is amended to read as follows:
``(5) Termination.--
``(A) In general.--Except as provided in
subparagraph (B), this subsection shall not apply to
any sale, use, or removal for any period after December
31, 2010.
``(B) Cellulosic biomass ethanol.--In the case of
any cellulosic biomass ethanol with respect to which
paragraph (2)(C) applies--
``(i) subparagraph (A) shall not apply, and
``(ii) this subsection shall not apply to
any sale or use of such ethanol for any period
after the earlier of the date on which the
Secretary makes the certification described in
section 40(i)(2)(A) or December 31, 2023.''.
(c) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after the date of the enactment of this Act.
SEC. 102. EXTENSION OF ENERGY CREDIT FOR SOLAR AND FUEL CELL PROPERTY.
(a) 30 Percent Credit for Solar.--Subclause (II) of section
48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by
striking ``2008'' and inserting ``2013''.
(b) Qualified Fuel Cell Property.--
(1) In general.--Subparagraph (E) of section 48(c)(1) of
such Code is amended by striking ``2007'' and inserting
``2012''.
(2) Termination of special rule.--Subparagraph (D) of
section 48(c)(1) of such Code is amended by inserting ``placed
in service before January 1, 2008, and'' after ``qualified fuel
cell property which is''.
(c) Fiber-Optic Distributed Sunlight.--Clause (ii) of section
48(a)(3)(A) of such Code is amended by striking ``2008'' and inserting
``2013''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 103. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY
EFFICIENT PROPERTY.
(a) In General.--Subsection (g) of section 25D of the Internal
Revenue Code of 1986 is amended by striking ``2007'' and inserting
``2012''.
(b) Modification of Maximum Credit for Qualified Solar Electricity
Property.--Subparagraph (A) of section 25D(b)(1) of such Code is
amended to read as follows:
``(A) $2,000 with respect to each half kilowatt of
capacity of property for which qualified solar
electricity property expenditures are made,''.
(c) Conforming Amendments.--
(1) Paragraph (1) of section 25D(a) of such Code is amended
by striking ``photovoltaic'' and inserting ``solar
electricity''.
(2) Paragraph (2) of section 25D(d) of such Code is amended
in the text and in the heading by striking ``photovoltaic'' and
inserting ``solar electricity''.
(3) Paragraph (4)(A)(i) of section 25D(e) of such Code is
amended by striking ``photovoltaic'' and inserting ``solar
electricity''.
(d) Effective Dates.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) Increase in credit for solar electricity property.--The
amendments made by subsections (b) and (c) shall apply to
taxable years beginning after December 31, 2005.
(3) Hold harmless transition rule.--In the case of any
taxable year beginning after December 31, 2005, and before the
date of the enactment of this Act, the taxpayer may elect (at
such time and in such form and manner as the Secretary of the
Treasury may determine) to apply the limitation under section
25D(b)(1)(A) of the Internal Revenue Code of 1986 which was in
effect immediately before the date of the enactment of this Act
for purposes of determining the credit under section 25D of
such Code for such taxable year in lieu of such limitation as
otherwise in effect for such year.
SEC. 104. EXTENSION AND MODIFICATION OF EXCISE TAX CREDITS FOR CERTAIN
LIQUID FUEL DERIVED FROM COAL.
(a) Modification of Excise Tax Credits.--Section 6426 of the
Internal Revenue Code of 1986 is amended by redesignating subsection
(g) as subsection (h) and by inserting after subsection (f) the
following new subsection:
``(g) Special Rules for Liquid Fuel Derived From Coal.--
``(1) Limitations.--
``(A) Overall dollar limitation.--No liquid coal
fuel shall be taken into account in determining the
alternative fuel credit under subsection (d) or the
alternative fuel mixture credit under subsection (e) if
such fuel is sold or used after the date on which the
Secretary certifies that, in the estimation of the
Secretary, more than $1,500,000,000 has been allowed,
in the aggregate, as a credit under this section with
respect to liquid coal fuel taken into account under
subsections (d) and (e).
``(B) Per taxpayer maximum.--
``(i) In general.--With respect to any
taxpayer, only the first 150,000,000 gallons of
liquid coal fuel which is sold or used by the
taxpayer during any calendar year may be taken
into account under subsection (d) or (e).
``(ii) Termination of taxpayer maximum.--
Clause (i) shall not apply with respect to any
calendar year after the first calendar year
with respect to which the Secretary certifies
that, in the estimation of the Secretary, at
least 5 taxpayers sell or use liquid coal fuel
which is taken into account under subsection
(d) or (e).
``(C) Per taxpayer minimum.--With respect to any
taxpayer, liquid coal fuel sold or used by the taxpayer
during any calendar year shall not be taken into
account in determining the alternative fuel credit
under subsection (d) or the alternative fuel mixture
credit under subsection (e) unless the aggregate amount
of liquid coal fuel sold or used by such taxpayer
during such calendar year exceeds 15,000,000 gallons.
``(2) Adjustment of credit amount.--Solely for purposes of
determining that portion of the alternative fuel credit under
subsection (d) and the alternative fuel mixture credit under
subsection (e) which is allowed with respect to liquid coal
fuel--
``(A) Phase-out based on price of oil.--
``(i) In general.--The 50 cent amounts
contained in subsections (d)(1) and (e)(1)
shall each be reduced (but not below zero) by
an amount which bears the same ratio to the
amount so contained in subsection (d)(1) or
(e)(1) (as so increased) as--
``(I) the amount (if any) by which
the price of a barrel of crude oil | American-Made Energy Freedom Act of 2006 - Amends the Internal Revenue Code to: (1) increase tax credits for cellulosic biomass ethanol; (2) extend the energy credit for solar and fuel cell property; (3) extend and modify the credits for residential energy efficient property and for certain liquid fuel derived from coal; and (4) establish the American-Made Energy Trust Fund to implement designated sections of the Energy Policy Act of 2005, including climate change technology deployment.
Directs the Secretary of the Interior to undertake a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain of Alaska.
Amends the Alaska National Interest Lands Conservation Act of 1980 to repeal the prohibition against production of oil and gas from the Arctic National Wildlife Refuge (ANWR) and any leasing or development leading to such production.
Prescribes procedures for: (1) lease sales; (2) grants of leases; and (3) Coastal Plain environmental protection; (4) rights-of-way and easements for the transportation of oil and gas across the Coastal Plain.
Directs the Secretary to convey: (1) the surface estate of specified lands to the Kaktovik Inupiat Corporation; and (2) the remaining subsurface estate of specified lands to the Arctic Slope Regional Corporation.
Establishes the Coastal Plain Local Government Impact Aid Assistance Fund to provide financial assistance to specified entities directly impacted by oil and gas production and exploration on the Coastal Plain. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Point Reyes Farmland Protection Act
of 1999''.
SEC. 2. POINT REYES FARMLAND PROTECTION.
(a) Definitions.--In this section:
(1) Eligible lands.--
(A) In general.--The term ``eligible lands'' means
parcels of land in Marin or Sonoma Counties in the
State of California that are located wholly or
partially in what is known as--
(i) the Marin County coastal zone, unit II,
per Marin County Agricultural Zoning Map, file
designation, MALT-AGDWG, PLT.HPG, extending
from Lagunitas Creek north along the east shore
of Tomales Bay to the boundary with Sonoma
County; or
(ii) the Sonoma County coastal zone, per
the Sonoma County Post-Local Coastal Plan
Certification Map of January 1981, extending
from the boundary with Marin County north to
Highway 1 and Doran Beach Road.
(B) Exclusion.--The term does not include any lands
described in subparagraph (A) that are zoned solely or
exclusively for commercial or residential use.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State or local government agency; or
(B) a nonprofit organization having substantial
experience in the holding, monitoring, and managing of
conservation easements on eligible lands, including the
Marin Agricultural Land Trust, the Sonoma County
Agricultural Preservation and Open Space District, and
the Sonoma Land Trust.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Purposes.--The purposes of this section are--
(1) to promote the acquisition of conservation easements on
eligible lands from willing sellers, which will protect
agricultural lands and prevent incompatible development, while
still maintaining the lands in private ownership;
(2) to create a voluntary public/private partnership among
the Federal Government, the State of California, local
governments, eligible entities, and participating citizens,
which can serve as a model for other farmland, watershed, and
open space preservation efforts; and
(3) to protect the substantial Federal investment in the
Point Reyes National Seashore by protecting nearby eligible
lands and water resources that maintain the relatively
undeveloped nature of the lands adjacent to Tomales and Bodega
Bays.
(c) Grants for Purchase of Easements.--To promote the purposes of
this section, the Secretary may make grants to eligible entities to
provide the Federal share of the cost of purchasing permanent
conservation easements on eligible lands from willing sellers for the
purpose of preserving agricultural lands.
(d) Negotiation, Acquisition, and Administration of Easements.--
(1) Acquisition of permanent easements.--Easements acquired
using funds provided by the Secretary under subsection (c)
shall be in perpetuity.
(2) Negotiation.--The acquisition of an easement using
funds provided by the Secretary under subsection (c) shall be
negotiated and transacted between the willing seller and the
eligible entity.
(3) Administration.--Easements acquired by an eligible
entity using funds provided by the Secretary under subsection
(c) shall be held by the eligible entity.
(4) Executory limitation.--If an eligible entity holding an
easement acquired using funds provided by the Secretary under
subsection (c) ceases to exist or ceases to be a nonprofit
organization, the eligible entity's rights and obligations
under the easement shall vest in the United States.
(e) Protection of Private Property.--
(1) Consent of owner required.--No interest in eligible
lands may be acquired using funds provided by the Secretary
under subsection (c) without the consent of the owner of the
eligible lands.
(2) Prohibition on land purchases.--Funds provided by the
Secretary under subsection (c) may not be used, or combined
with other funds, to acquire land in fee title.
(3) Regulation.--Nothing in this Act shall be construed to
authorize the Secretary or any other Federal agency or official
to regulate the use or enjoyment of privately owned eligible
lands, including lands subject to easements held by an eligible
entity.
(f) Matching Funds.--
(1) Matching requirement.--Subject to paragraph (2), the
Federal share of the costs for acquiring a conservation
easement in eligible lands may not exceed one half of the total
costs of such acquisition. The non-Federal share of the
acquisition costs may be provided in the form of property,
monies, services, or in-kind contributions, fairly valued.
(2) Recognition of previous conservation efforts.--To the
extent that an eligible entity holds conservation easements on
eligible lands as of the date of the enactment of this Act, the
Secretary shall waive the match requirement of paragraph (1)
for that eligible entity until such time as Federal funds are
provided to that eligible entity under subsection (c) in an
amount equal to the fair market value of the conservation
easements, as determined by the Secretary.
(g) Relationship to Other Land Preservation Efforts.--The authority
provided by this section is in addition to, and shall not preclude the
use of, other authorities that may be available to the Federal
Government to preserve eligible lands.
(h) Authorization of appropriations.--There is authorized to be
appropriated $60,000,000 to the Secretary to make grants under this
section. | Point Reyes Farmland Protection Act of 1999 - Authorizes the Secretary of the Interior to make grants to eligible entities to provide the Federal share of the cost of purchasing permanent conservation easements on eligible lands (specified parcels of land in Marin and Sonoma Counties in California) from willing sellers for the purpose of preserving agricultural lands. Defines "eligible entity" to mean a State or local government agency or a nonprofit organization having substantial experience in the holding, monitoring, and managing of conservation easements on eligible lands, including the Marin Agricultural Land Trust, the Sonoma County Agricultural Preservation and Open Space District, and the Sonoma Land Trust.
Vests an eligible entity's rights and obligations under an easement acquired using funds provided by the Secretary under this Act in the United States if the entity ceases to exist or ceases to be a nonprofit organization.
Prohibits: (1) any interest in eligible lands from being acquired with such funds without the owner's consent; and (2) the use of such funds to acquire land in fee title.
Limits the Federal cost share for acquiring a conservation easement in eligible lands to one half of the total costs of such acquisition. Waives such matching requirement for an eligible entity who currently holds conservation easements on eligible lands until such time as grant funds are provided to that entity in an amount equal to the fair market value of such easements.
Authorizes appropriations. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``COBRA Plus Act of 2001''.
SEC. 2. REFUNDABLE HEALTH INSURANCE COSTS CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by redesignating section 35 as section 36 and
inserting after section 34 the following:
``SEC. 35. HEALTH INSURANCE COSTS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the amount paid by the
taxpayer during such taxable year for qualified health insurance for
the taxpayer and the taxpayer's spouse and dependents.
``(b) Limitations.--
``(1) Maximum dollar amount.--
``(A) In general.--The amount allowed as a credit
under subsection (a) to the taxpayer for the taxable
year shall not exceed the sum of the monthly
limitations for coverage months during such taxable
year.
``(B) Monthly limitation.--The monthly limitation
for each coverage month during the taxable year is an
amount equal to the lesser of--
``(i) 50 percent of the amount paid for
qualified health insurance for such month, or
``(ii) an amount equal to \1/12\ of--
``(I) in the case of self-only
coverage, $1,320, and
``(II) in the case of family
coverage, $3,480.
``(2) 9-month limitation.--For purposes of paragraph (1),
the total number of coverage months taken into account with
respect to each qualifying event of the individual shall not
exceed 9.
``(3) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2002, each of the dollar amounts
referred to in paragraph (1)(B) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section (1)(f)(3) for the
calendar year in which the taxable year begins,
by substituting `2001' for `1992'.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $50, such amount
shall be rounded to the nearest multiple of $50.
``(c) Definitions.--For purposes of this section--
``(1) Coverage month.--
``(A) In general.--The term `coverage month' means,
with respect to an individual, any month if--
``(i) as of the first day of such month
such individual is covered by qualified health
insurance, and
``(ii) the premium for coverage under such
insurance, or any portion of the premium, for
such month is paid by the taxpayer.
``(B) Exclusion of months in which individual is
eligible for coverage under certain health programs.--
Such term shall not include any month during a taxable
year with respect to an individual if, as of the first
day of such month, such individual is eligible--
``(i) for any benefits under title XVIII of
the Social Security Act,
``(ii) to participate in the program under
title XIX or XXI of such Act,
``(iii) for benefits under chapter 17 of
title 38, United States Code,
``(iv) for benefits under chapter 55 of
title 10, United States Code,
``(v) to participate in the program under
chapter 89 of title 5, United States Code, or
any similar program for State or local
government employees, or
``(vi) for benefits under any medical care
program under the Indian Health Care
Improvement Act or any other provision of law.
``(C) Exclusion of months in which individual is
imprisoned.--Such term shall not include any month with
respect to an individual if, as of the first day of
such month, such individual is imprisoned under
Federal, State, or local authority.
``(2) Eligible individual.--The term `eligible individual'
means an individual who is--
``(A) a covered employee (as defined in section
4980B(f)) of the plan sponsor of the qualified health
insurance, and
``(B) eligible for continuation coverage by reason
of a qualifying event.
``(3) Qualified health insurance.--The term `qualified
health insurance' means health insurance coverage under--
``(A) a COBRA continuation provision (as defined in
section 9832(d)(1)), or
``(B) section 8905a of title 5, United States Code.
``(4) Qualifying event.--The term `qualifying event' means
an event described in section 4980B(f)(3)(B).
``(d) Special Rules.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this paragraph) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with advance payment.--Rules similar to
the rules of section 32(g) shall apply to any credit to which
this section applies.
``(e) Expenses Must Be Substantiated.--A payment for insurance to
which subsection (a) applies may be taken into account under this
section only if the taxpayer substantiates such payment in such form as
the Secretary may prescribe.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.
``(g) Termination.--This section shall not apply to any amount paid
after December 31, 2003.''.
(b) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 (relating to
information concerning transactions with other persons) is
amended by inserting after section 6050S the following:
``SEC. 6050T. RETURNS RELATING TO PAYMENTS FOR QUALIFIED HEALTH
INSURANCE.
``(a) In General.--Any person who, in connection with a trade or
business conducted by such person, receives payments during any
calendar year from any individual for coverage of such individual or
any other individual under creditable health insurance, shall make the
return described in subsection (b) (at such time as the Secretary may
by regulations prescribe) with respect to each individual from whom
such payments were received.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of the individual
from whom payments described in subsection (a) were
received,
``(B) the name, address, and TIN of each individual
who was provided by such person with coverage under
creditable health insurance by reason of such payments
and the period of such coverage,
``(C) the aggregate amount of payments described in
subsection (a),
``(D) the qualified health insurance credit advance
amount (as defined in section 7527(e)) received by such
person with respect to the individual described in
subparagraph (A), and
``(E) such other information as the Secretary may
reasonably prescribe.
``(c) Creditable Health Insurance.--For purposes of this section,
the term `creditable health insurance' means qualified health insurance
(as defined in section 35(c)).
``(d) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required under subsection (b)(2)(A) to be set forth in such return a
written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person,
``(2) the aggregate amount of payments described in
subsection (a) received by the person required to make such
return from the individual to whom the statement is required to
be furnished,
``(3) the information required under subsection (b)(2)(B)
with respect to such payments, and
``(4) the qualified health insurance credit advance amount
(as defined in section 7527(e)) received by such person with
respect to the individual described in paragraph (2).
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be made.
``(e) Returns Which Would Be Required To Be Made by 2 or More
Persons.--Except to the extent provided in regulations prescribed by
the Secretary, in the case of any amount received by any person on
behalf of another person, only the person first receiving such amount
shall be required to make the return under subsection (a).''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by
redesignating clauses (xi) through (xvii) as clauses
(xii) through (xviii), respectively, and by inserting
after clause (x) the following:
``(xi) section 6050T (relating to returns
relating to payments for qualified health
insurance),''.
(B) Paragraph (2) of section 6724(d) of such Code
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:
``(BB) section 6050T(d) (relating to returns
relating to payments for qualified health
insurance).''.
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6050S
the following:
``Sec. 6050T. Returns relating to
payments for qualified health
insurance.''.
(c) Criminal Penalty for Fraud.--Subchapter B of chapter 75 of the
Internal Revenue Code of 1986 (relating to other offenses) is amended
by adding at the end the following:
``SEC. 7276. PENALTIES FOR OFFENSES RELATING TO HEALTH INSURANCE TAX
CREDIT.
``Any person who knowingly misuses Department of the Treasury
names, symbols, titles, or initials to convey the false impression of
association with, or approval or endorsement by, the Department of the
Treasury of any insurance products or group health coverage in
connection with the credit for health insurance costs under section 35
shall on conviction thereof be fined not more than $10,000, or
imprisoned not more than 1 year, or both.''.
(d) Conforming Amendments.--
(1) Section 162(l) of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(6) Election to have subsection apply.--No deduction
shall be allowed under paragraph (1) for a taxable year unless
the taxpayer elects to have this subsection apply for such
year.''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following:
``Sec. 35. Health insurance costs.
``Sec. 36. Overpayments of tax.''.
(4) The table of sections for subchapter B of chapter 75 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following:
``Sec. 7276. Penalties for offenses
relating to health insurance
tax credit.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2001.
(2) Penalties.--The amendments made by subsections (c) and
(d)(4) shall take effect on the date of the enactment of this
Act.
SEC. 3. ADVANCE PAYMENT OF CREDIT TO ISSUERS OF QUALIFIED HEALTH
INSURANCE.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following:
``SEC. 7527. ADVANCE PAYMENT OF HEALTH INSURANCE CREDIT FOR PURCHASERS
OF QUALIFIED HEALTH INSURANCE.
``(a) General Rule.--In the case of an eligible individual, the
Secretary shall make payments to the plan sponsor of the group health
plan providing, or the qualified health insurance issuer of, such
individual's qualified health insurance equal to such individual's
qualified health insurance credit advance amount with respect to such
sponsor or issuer.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual--
``(1) who purchases qualified health insurance (as defined
in section 35(c)), and
``(2) for whom a qualified health insurance credit
eligibility certificate is in effect.
``(c) Definitions.--For purposes of this section--
``(1) Qualified health insurance issuer.--The term
`qualified health insurance issuer' means a health insurance
issuer described in section 9832(b)(2) (determined without
regard to the last sentence thereof) offering coverage in
connection with a group health plan.
``(2) Group health plan.--The term `group health plan' has
the meaning given such term by section 5000(b)(1) (determined
without regard to subsection (d) thereof).
``(d) Qualified Health Insurance Credit Eligibility Certificate.--
For purposes of this section, a qualified health insurance credit
eligibility certificate is a statement furnished by an individual to a
plan sponsor of a group health plan or qualified health insurance
issuer which--
``(1) certifies that the individual will be eligible to
receive the credit provided by section 35 for the taxable year,
``(2) estimates the amount of such credit for such taxable
year, and
``(3) provides such other information as the Secretary may
require for purposes of this section.
``(e) Qualified Health Insurance Credit Advance Amount.--For
purposes of this section, the term `qualified health insurance credit
advance amount' means, with respect to any plan sponsor of a group
health plan providing, or qualified health insurance issuer of,
qualified health insurance, an estimate of the amount of credit
allowable under section 35 to the individual for the taxable year which
is attributable to the insurance provided to the individual by such
sponsor or issuer.
``(f) Required Documentation for Receipt of Payments of Advance
Amount.--No payment of a qualified health insurance credit advance
amount with respect to any eligible individual may be made under
subsection (a) unless the plan sponsor of the group health plan or
health insurance issuer provides to the Secretary--
``(1) the qualified health insurance credit eligibility
certificate of such individual, and
``(2) the return relating to such individual under section
6050T.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following:
``Sec. 7527. Advance payment of health
insurance credit for purchasers
of qualified health
insurance.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2002.
SEC. 4. STUDY.
Not later than January 1, 2003, the Comptroller General of the
United States shall--
(1) conduct a study on the effectiveness of the amendments
made by this Act in increasing enrollment by eligible
individuals (as defined in section 35(c)(2), as added by
section 2) in group health plans under COBRA continuation
coverage; and
(2) submit a report on the study conducted under paragraph
(1) to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate. | COBRA Plus Act of 2001 - Amends the Internal Revenue Code to temporarily allow a refundable tax credit of 50 percent for an eligible individual's health insurance premium under COBRA, subject to specified limitations.Reduces the medical expense deduction accordingly.Requires former employers receiving COBRA payments to make a return as specified.Sets forth criminal penalties for fraud relating to such credit.Directs the Secretary of the Treasury to make COBRA payments in the amount of the allowable credit for eligible individuals with a qualified health insurance credit eligibility certificate.Requires the Comptroller General to study and report on whether this credit increased COBRA enrollment. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Family Protection
Act''.
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of the Social
Security Act (42 U.S.C. 423) is amended by adding at the end the
following:
``Last Payment of Benefit Terminated by Death
``(k)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of the Social Security Act (42 U.S.C. 428) is amended by adding at
the end the following:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH
OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a)(3) of the Social
Security Act (42 U.S.C. 402(a)(3)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1)(D) of such Act (42
U.S.C. 402(b)(1)(D)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii)(II) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of the
Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1)(D) of the Social
Security Act (42 U.S.C. 402(c)(1)(D)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii)(II) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of the
Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of the Social
Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) in subparagraph (D), by striking ``dies, or''.
(e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social
Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: she remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social
Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: he remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which he dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
the Social Security Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social
Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: such parent dies, marries,'' in the matter following
subparagraph (E) and inserting ``ending with the month in which such
parent dies or (if earlier) with the month preceding the first month in
which any of the following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of the Social
Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with
the month preceding whichever of the following months is the earliest:
the month in which he dies,'' in the matter following subparagraph (D)
and inserting the following: ``ending with the month in which he dies
or (if earlier) with whichever of the following months is the
earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by
striking ``the month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of the Social
Security Act (42 U.S.C. 403) is amended by adding at the end the
following:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to any amount
received by reason of section 202(z), 223(j), or 228(i).''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the date that is 180 days after the date of the
enactment of this Act. | Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that, if an OASDI recipient dies during the first 15 days of a month, the last payment of the monthly benefit for that month shall be half the ususal benefit amount. | billsum_train |
Change the following text into a summary: SECTION 1. FINDINGS.
Congress finds that--
(1) energy workers at the former Mallinkrodt facilities
(including the St. Louis downtown facility, the Weldon Springs
facility, and the Hematite facility) were exposed to levels of
radionuclides and radioactive materials that were much greater
than the current maximum allowable Federal standards;
(2) the Mallinkrodt workers at the St. Louis site were
exposed to excessive levels of airborne uranium dust relative
to the standards in effect during the time, and many workers
were exposed to 200 times the preferred levels of exposure;
(3)(A) the chief safety officer for the Atomic Energy
Commission during the Mallinkrodt-St. Louis operations
described the facility as 1 of the 2 worst plants with respect
to worker exposures;
(B) workers were excreting in excess of a milligram of
uranium per day causing kidney damage; and
(C) a recent epidemiological study found excess levels of
nephritis and kidney cancer from inhalation of uranium dusts;
(4) the Department of Energy has admitted that those
workers were subjected to risks and had their health endangered
as a result of working with these highly radioactive materials;
(5) the Department of Energy reported that workers at the
Weldon Springs feed materials plant handled plutonium and
recycled uranium, which are highly radioactive;
(6) the National Institute of Occupational Safety and
Health admits that--
(A) the operations at the St. Louis downtown site
consisted of intense periods of processing extremely
high levels of radionuclides; and
(B) the Institute has virtually no personal
monitoring data for workers prior to 1948;
(7) the National Institute of Occupational Safety and
Health has informed claimants and their survivors at those 3
sites that if they are not interviewed as a part of the dose
reconstruction process, it--
(A) would hinder the ability of the Institute to
conduct dose reconstruction for the claimant; and
(B) may result in a dose reconstruction that
incompletely or inaccurately estimates the radiation
dose to which the energy employee named in the claim
had been exposed;
(8) the Department of Health and Human Services published
the first notice of proposed rulemaking concerning the Special
Exposure Cohort on June 25, 2002, and as of January 27, 2004,
the rule has yet to be finalized; and
(9) many of those former workers have died while waiting
for the proposed rule to be finalized, including some claimants
who were waiting for dose reconstruction to be completed.
SEC. 2. DEFINITION OF MEMBER OF THE SPECIAL EXPOSURE COHORT.
Section 3621(14) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) The employee was so employed for a number of
work days aggregating at least 45 workdays at a
facility operated under contract to the Department of
Energy by Mallinkrodt Incorporated or its successors
(including the St. Louis downtown or `Destrahan'
facility during any of calendar years 1942 through
1958, the Weldon Springs feed materials plant facility
during any of calendar years 1958 through 1966, and the
Hematite facility during any of calendar years 1958
through 1969), and during the employment--
``(i)(I) was monitored through the use of
dosimetry badges for exposure at the plant of
the external parts of an employee's body to
radiation; or
``(II) was monitored through the use of
bioassays, in vivo monitoring, or breath
samples for exposure at the plant to internal
radiation; or
``(ii) worked in a job that had exposures
comparable to a job that is monitored, or
should have been monitored, under standards of
the Department of Energy in effect on the date
of enactment of this subparagraph through the
use of dosimetry badges for monitoring external
radiation exposures, or bioassays, in vivo
monitoring, or breath samples for internal
radiation exposures, at a facility.''. | Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include within its Special Exposure Cohort certain employees who during their employment at a facility operated under contract to the Department of Energy (DOE) by Mallinkrodt Incorporated: (1) were monitored through the use of dosimetry badges for exposure at the plant of the external parts of an employee's body to radiation; (2) were monitored through the use of bioassays, in vivo monitoring, or breath samples for exposure at the plant to traternal radiation; or (3) worked in a job that had exposures comparable to a job that is monitored under DOE standards through the use of dosimetry badges for monitoring external radiation exposures, or bioassays, in vivo monitoring, or breath samples for internal radiation exposures. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Clean Energy Jobs
Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
TITLE I--RENEWABLE FUELS
Sec. 101. Extension of biodiesel and renewable diesel incentives.
Sec. 102. Extension of income tax credit for alcohol used as fuel.
Sec. 103. Extension of excise tax credit for alcohol used as fuel.
Sec. 104. Extension of additional duties on ethanol.
TITLE II--FOSSIL FUELS
Sec. 201. Amortization of geological and geophysical expenditures.
Sec. 202. Producing oil and gas from marginal wells.
Sec. 203. Enhanced oil recovery credit.
Sec. 204. Intangible drilling and development costs in the case of oil
and gas wells.
Sec. 205. Percentage depletion.
Sec. 206. Tertiary injectants.
Sec. 207. Passive activity losses and credits limited.
Sec. 208. Income attributable to domestic production activities.
TITLE III--INCREASED REVENUES TO REDUCE FEDERAL BUDGET DEFICIT
Sec. 301. Increased revenues to reduce Federal budget deficit.
TITLE I--RENEWABLE FUELS
SEC. 101. EXTENSION OF BIODIESEL AND RENEWABLE DIESEL INCENTIVES.
(a) Credits for Biodiesel and Renewable Diesel Used as Fuel.--
Subsection (g) of section 40A of the Internal Revenue Code of 1986 is
amended by striking ``December 31, 2011'' and inserting ``December 31,
2016''.
(b) Excise Tax Credits and Outlay Payments for Biodiesel and
Renewable Diesel Fuel Mixtures.--
(1) Paragraph (6) of section 6426(c) of such Code is
amended by striking ``December 31, 2011'' and inserting
``December 31, 2016''.
(2) Subparagraph (B) of section 6427(e)(6) is amended by
striking ``December 31, 2011'' and inserting ``December 31,
2016''.
(c) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2011.
SEC. 102. EXTENSION OF INCOME TAX CREDIT FOR ALCOHOL USED AS FUEL.
(a) In General.--Paragraph (1) of section 40(e) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``December 31, 2011'' in subparagraph (A)
and inserting ``December 31, 2016'', and
(2) by striking ``January 1, 2012'' in subparagraph (B) and
inserting ``January 1, 2017''.
(b) Cellulosic Biofuel.--Subparagraph (H) of section 40(b)(6) of
such Code is amended by striking ``January 1, 2013'' and inserting
``January 1, 2017''.
(c) Reduced Amount for Ethanol Blenders.--Paragraphs (1) and (2) of
section 40(h) of such Code are both amended by striking ``2011'' and
inserting ``2016''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 103. EXTENSION OF EXCISE TAX CREDIT FOR ALCOHOL USED AS FUEL.
(a) In General.--Paragraph (6) of section 6426(b) of the Internal
Revenue Code of 1986 is amended by striking ``December 31, 2011'' and
inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 104. EXTENSION OF ADDITIONAL DUTIES ON ETHANOL.
Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff
Schedule of the United States are each amended in the effective period
column by striking ``1/1/2012'' and inserting ``1/1/2017''.
TITLE II--FOSSIL FUELS
SEC. 201. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.
(a) In General.--Subparagraph (A) of section 167(h)(5) of the
Internal Revenue Code of 1986 is amended by striking ``major integrated
oil company'' and inserting ``covered large oil company''.
(b) Covered Large Oil Company.--Paragraph (5) of section 167(h) of
such Act is amended by redesignating subparagraph (B) as subparagraph
(C) and by inserting after subparagraph (A) the following new
subparagraph:
``(B) Covered large oil company.--For purposes of
this paragraph, the term `covered large oil company'
means a taxpayer which--
``(i) is a major integrated oil company, or
``(ii) has gross receipts in excess of
$50,000,000 for the taxable year.
For purposes of clause (ii), all persons treated as a
single employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.''.
(c) Conforming Amendment.--The heading for paragraph (5) of section
167(h) of such Code is amended by inserting ``and other large
taxpayers''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2011.
SEC. 202. PRODUCING OIL AND GAS FROM MARGINAL WELLS.
(a) In General.--Section 45I of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--Subsection (a) shall not apply to any
taxpayer which is not a small, independent oil and gas company
for the taxable year.
``(2) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to credits determined for taxable years beginning after December
31, 2011.
SEC. 203. ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Section 43 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--Subsection (a) shall not apply to any
taxpayer which is not a small, independent oil and gas company
for the taxable year.
``(2) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2011.
SEC. 204. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL
AND GAS WELLS.
(a) In General.--Subsection (c) of section 263 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
sentence: ``This subsection shall not apply to amounts paid or incurred
by a taxpayer in any taxable year in which such taxpayer is not a
small, independent oil and gas company, determined by deeming all
persons treated as a single employer under subsections (a) and (b) of
section 52 as 1 person.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2011.
SEC. 205. PERCENTAGE DEPLETION.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--This section and section 611 shall not
apply to any taxpayer which is not a small, independent oil and
gas company for the taxable year.
``(2) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Conforming Amendment.--Section 613A(c)(1) of such Code is
amended by striking ``subsection (d)'' and inserting ``subsections (d)
and (f)''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011.
SEC. 206. TERTIARY INJECTANTS.
(a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--Subsection (a) shall not apply to any
taxpayer which is not a small, independent oil and gas company
for the taxable year.
``(2) Exception for qualified carbon dioxide disposed in
secure geological storage.--Paragraph (1) shall not apply in
the case of any qualified tertiary injectant expense paid or
incurred for any tertiary injectant is qualified carbon dioxide
(as defined in section 45Q(b)) which is disposed of by the
taxpayer in secure geological storage (as defined by section
45Q(d)).
``(3) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Effective Date.--The amendment made by this section shall apply
to expenses incurred after December 31, 2011.
SEC. 207. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED.
Paragraph (3) of section 469(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(C) Exception for taxpayer who is not small,
independent oil and gas company.--
``(i) In general.--Subparagraph (A) shall
not apply to any taxpayer which is not a small,
independent oil and gas company for the taxable
year.
``(ii) Aggregation rule.--For purposes of
clause (i), all persons treated as a single
employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.''.
SEC. 208. INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES.
(a) In General.--Section 199 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--Subsection (a) shall not apply to the income derived from
the production, transportation, or distribution of oil, natural gas, or
any primary product (within the meaning of subsection (d)(9)) thereof
by any taxpayer which for the taxable year is an oil and gas company
which is not a small, independent oil and gas company.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011.
TITLE III--INCREASED REVENUES TO REDUCE FEDERAL BUDGET DEFICIT
SEC. 301. INCREASED REVENUES TO REDUCE FEDERAL BUDGET DEFICIT.
Any increase in revenues by reason of the amendments made by this
Act shall be applied to reduce the Federal budget deficit, or, for any
fiscal year for which there is no Federal budget deficit, to reduce the
Federal debt. | Clean Energy Jobs Act of 2011 - Amends the Internal Revenue Code to extend through 2016: (1) the income and excise tax credits for biodiesel and renewable diesel used as fuel and for alcohol used as fuel, (2) the cellulosic biofuel producer tax credit, and (3) the reduced credit for ethanol blenders.
Amends the Harmonized Tariff Schedule of the United States to extend through 2016 the additional tariff on ethyl alcohol blends (ethanol) used as fuel.
Requires seven-year amortization of the geological and geophysical expenditures of covered large oil companies. Defines a "covered large oil company" as a taxpayer that is a major integrated oil company or that has gross receipts in excess of $50 million in a taxable year.
Denies certain tax benefits to any taxpayer that is not a small, independent oil and gas company, including: (1) the tax credits for producing oil and gas from marginal wells and for enhanced oil recovery; (2) expensing of intangible drilling and development costs in the case of gas wells and geothermal wells; (3) percentage depletion; (4) the tax deduction for qualified tertiary injectant expenses; (5) the exemption from limitations on passive activity losses; and (6) the tax deduction for income attributable to domestic production activities.
Dedicates any increase in revenues resulting from this Act to the reduction of a federal budget deficit or the federal debt. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Response Broadcasters Act of
2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in the periods before, during, and after major
disasters that occurred not long before the date of enactment
of this Act (including Hurricane Katrina, Hurricane Rita, and
the terrorist attacks of September 11, 2001), local media
organizations (including newspapers, public and private
broadcasters, and online publications) provided a valuable
public service by transmitting and publishing disaster-related
information, guidance, and assistance;
(2) local broadcasters, public and private, provided a
particularly valuable public service by transmitting evacuation
instructions, warnings of impending threats, timely response
status updates, and other essential information related to such
major disasters to listeners and viewers to whom other forms of
media were often unavailable or inaccessible;
(3) an inability to access a disaster area may impede the
ability of local media organizations to provide such public
services;
(4) according to the report by the Committee on Homeland
Security and Governmental Affairs of the Senate, titled
``Hurricane Katrina: A Nation Still Unprepared'', dated May
2006, ``It is essential that the news media receive accurate
disaster information to circulate to the public. News media can
also help inform the public by reporting on rumors and
soliciting evidence and comment on their plausibility, if
any'';
(5) according to testimony provided on September 22, 2005,
to the Committee on Commerce, Science, and Transportation of
the Senate, an estimated 100 Gulf Coast broadcast stations were
unable to broadcast as a result of Hurricane Katrina, with
approximately 28 percent of television stations and
approximately 35 percent of radio stations unable to broadcast
in the area affected by Hurricane Katrina;
(6) according to testimony provided on September 7, 2005,
to the Committee on Energy and Commerce of the House of
Representatives, following Hurricane Katrina only 4 of the 41
radio broadcast stations in the New Orleans metropolitan area
remained on the air in the immediate aftermath of that
hurricane;
(7) the only television station in New Orleans to continue
transmitting its over-the-air signal uninterrupted during and
after Hurricane Katrina was able to do so only as a direct
result of steps taken to better protect its transmitter and
provide redundant production facilities in the region;
(8) fuel and other supply shortages inhibit the ability of
a broadcaster to stay on the air and provide essential public
information following a major disaster;
(9) according to the report by the Committee on Homeland
Security and Governmental Affairs of the Senate, titled
``Hurricane Katrina: A Nation Still Unprepared'', dated May
2006, there were instances of Federal authorities confiscating
privately-purchased fuel supplies in the area affected by
Hurricane Katrina;
(10) the ability of several broadcasters in Mississippi to
remain on the air was unduly compromised by the confiscation of
their privately-purchased fuel supplies;
(11) practices put in place following Hurricane Andrew to
involve broadcasters in disaster response and expedite access
by broadcast engineers to disaster areas for the purpose of
repairing critical-to-air facilities and infrastructure has
significantly increased the ability of broadcasters in Florida
to continue transmitting essential public information during
subsequent major disasters;
(12) a June 12, 2006, report to the Federal Communications
Commission from the Independent Panel Reviewing the Impact of
Hurricane Katrina on Communications Networks recommends that
cable and broadcasting infrastructure providers, and their
contracted workers, be afforded emergency responder status
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) and that this
designation would remedy many of the access and fuel sharing
issues that hampered industry efforts to quickly repair
infrastructure following Hurricane Katrina;
(13) the partnership of competing radio broadcasters in the
wake of Hurricane Katrina, casting aside commercial interests
to provide uninterrupted, redundant public information
programming from multiple transmission facilities, served the
public well and for many hurricane victims was the only source
of disaster-related information for many days;
(14) other similar models for regional broadcaster
cooperation nationwide, such as the initiative by 3 public and
private radio groups to cooperatively produce essential
disaster-related programming in eastern and central Maine, will
further prepare the industry to effectively respond to major
disasters;
(15) following Hurricane Katrina, a Primary Entry Point
station in Louisiana, operating only on generator power until
commercial power was restored 2 weeks after the disaster, was
instrumental in providing life-saving information to the
general public throughout the area as battery-operated radios
were the only source of official news and information;
(16) as of April 18, 2007, there were 24 States with 1
Primary Entry Point station, 4 States with 2 Primary Entry
point stations, 2 Primary Entry Point stations located in
territories of the United States, and 2 Primary Entry Point
stations under development in Alabama and Mississippi;
(17) in the event of a man-made or natural disaster, it is
essential to provide for Primary Entry Point stations in any
State or territory where there is not a facility, meaning an
additional 23 stations are required, located in--
(A) Arkansas;
(B) Connecticut;
(C) Delaware;
(D) the District of Columbia;
(E) Indiana;
(F) Iowa;
(G) Kentucky;
(H) Maine;
(I) Michigan;
(J) Nebraska;
(K) New Hampshire;
(L) New Jersey;
(M) Oklahoma;
(N) Oregon;
(O) Pennsylvania;
(P) Rhode Island;
(Q) South Dakota;
(R) Vermont;
(S) West Virginia;
(T) Wisconsin;
(U) American Samoa;
(V) the Northern Mariana Islands; and
(W) Guam; and
(18) in the event of a man-made or natural disaster, it is
essential to provide for the Primary Entry Point stations in
larger States where there is currently a facility, but an
additional station is required to ensure full sufficient
geographic coverage, meaning 2 stations are required, located
in--
(A) Kansas; and
(B) Florida.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency;
(2) the term ``disaster area'' means an area in which the
President has declared a major disaster, during the period of
that declaration;
(3) the term ``first response broadcaster'' means a local
or regional television or radio broadcaster that provides
essential disaster-related public information programming
before, during, and after the occurrence of a major disaster;
(4) the term ``major disaster'' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122); and
(5) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 4. PRIMARY ENTRY POINT STATIONS.
(a) In General.--There are authorized to be appropriated $6,500,000
to the Administrator of the Federal Emergency Management Agency for
facility and equipment expenses to construct an additional 25 Primary
Entry Point stations in the continental United States and territories.
(b) Definition.--In this section, the term ``Primary Entry Point
station'' means a radio broadcast station designated to provide public
information following national and local emergencies where there is no
commercial power.
SEC. 5. BROADCAST DISASTER PREPAREDNESS GRANT PROGRAM.
(a) Definition.--In this section, the term ``pilot program'' means
the Broadcast Disaster Preparedness Grant Program established under
subsection (b).
(b) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a pilot program
under which the Administrator may make grants to first response
broadcasters, to be known as the ``Broadcast Disaster Preparedness
Grant Program''.
(c) Priority.--The Administrator may give priority to an
application for a grant under the pilot program that--
(1) is submitted--
(A) on behalf of more than 1 first response
broadcaster operating in an area;
(B) in cooperation with State or local authorities;
(C) on behalf of a first response broadcaster with
50 employees or less;
(D) on behalf of a first response broadcaster that
is principally owned and operated by individuals
residing within the State, county, parish, or
municipality in which the broadcaster is located; or
(2) provides, in writing, a statement of the intention of
the applicant to provide disaster-related programming dedicated
to essential public information purposes before, during, and
after a major disaster.
(d) Use of Funds.--A grant under the pilot program shall be used by
a first response broadcaster to--
(1) protect or provide redundancy for facilities and
infrastructure, including transmitters and other at-risk
equipment (as determined by the Administrator), critical to the
ability of that first response broadcaster to continue to
produce and transmit essential disaster-related public
information programming; or
(2) upgrade or add facilities or equipment that will
enhance or expand the ability of the first responder
broadcaster to acquire, produce, or transmit essential
disaster-related public information programming.
(e) Federal Share.--The Federal share of an activity carried out
with a grant under this section shall be not more than 50 percent.
(f) Termination.--The authority to make grants under the pilot
program shall terminate at the end of the third full fiscal year after
the date of enactment of this Act.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the pilot program
$10,000,000 for each of fiscal years 2008 through 2010.
SEC. 6. FIRST RESPONSE BROADCASTER ACCESS FOLLOWING A MAJOR DISASTER.
(a) Access.--Section 403 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170b) is amended--
(1) in subsection (a)(3)(B), by inserting ``(including
providing fuel, food, water, and other supplies to first
response broadcasters, after providing essential emergency
services, health care, and utility restoration services)''
before the semicolon at the end; and
(2) in subsection (c)(6)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) First response broadcaster.--The term `first
response broadcaster' has the meaning given that term
in section 707.''.
(b) Confiscation.--Title VII of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended
by adding at the end the following:
``SEC. 707. CONFISCATION FROM FIRST RESPONSE BROADCASTERS.
``(a) Definition.--In this section, the term `first response
broadcaster' means a local or regional television or radio broadcaster
that provides essential disaster-related public information programming
before, during, and after a major disaster.
``(b) In General.--In the event of a major disaster, and to the
extent practicable and consistent with not endangering public safety, a
Federal officer or employee may not confiscate fuel, water, or food
from a first response broadcaster if that first response broadcaster
adequately documents that such supplies will be used to enable that
broadcast first responder to broadcast essential disaster-related
public information programming in the area affected by that major
disaster.''.
(c) Restoration of Services.--The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is
amended--
(1) by redesignating section 425 (42 U.S.C. 5189e)
(relating to essential service providers) as section 427; and
(2) in section 427, as so redesignated, by adding at the
end the following:
``(d) First Response Broadcasters.--
``(1) Definition.--In this subsection, the term `first
response broadcaster' has the meaning given that term in
section 707.
``(2) In general.--In the event of a major disaster, the
head of a Federal agency, in consultation with appropriate
State and local government authorities, and to the greatest
extent practicable and consistent with not endangering public
safety or inhibiting recovery efforts, shall allow access to
the area affected by that major disaster for technical
personnel, broadcast engineers, and equipment needed to
restore, repair, or resupply any facility or equipment critical
to the ability of a first response broadcaster to continue to
acquire, produce, and transmit essential disaster-related
public information programming, including the repair and
maintenance of transmitters and other facility equipment and
transporting fuel for generators.
``(3) News gathering employees.--This subsection shall not
apply to news gathering employees or agents of a first response
broadcaster.''.
(d) Guidelines for Press.--
(1) Definitions.--In this subsection--
(A) the term ``credentialing authority'' means a
Federal, State, or local government agency that--
(i) issues press credentials; and
(ii) permits and coordinates access to a
designated location or area on the basis of
possessing such press credentials;
(B) the term ``press credential'' means the
identification provided to news personnel to identify
such personnel as members of the press; and
(C) the term ``news personnel'' includes a
broadcast journalist or technician, newspaper or
periodical reporter, photojournalist, and member of a
similar professional field whose primary interest in
entering the disaster area is to gather information
related to the disaster for wider publication or
broadcast.
(2) Access to disaster area.--For purposes of permitting
and coordinating access by news personnel to a disaster area--
(A) any State or local government agency that
serves as the primary credentialing authority for that
disaster area before the date of the applicable major
disaster shall remain the primary credentialing
authority during and after that major disaster,
unless--
(i) the State or local government agency
voluntarily relinquishes the ability to serve
as primary credentialing authority to another
agency; or
(ii) the State or local government agency,
in consultation with appropriate Federal
disaster response agencies, assigns certain
duties, including primary credentialing
authority, to the Federal Emergency Management
Agency or another appropriate Federal, State,
or local government agency; and
(B) the Federal Emergency Management Agency and
other appropriate Federal disaster response agencies
operating in a disaster area shall permit and
coordinate news personnel access to the disaster area
consistent with the access guidelines determined by the
primary credentialing authority for that disaster area.
(3) Catastrophic incident access.--In the event of a
catastrophic incident (as that term is defined in section 501
of the Homeland Security Act of 2002 (6 U.S.C. 311)) that
leaves a State or local primary credentialing authority unable
to execute the duties of that credentialing authority described
under paragraph (2) or to effectively communicate to Federal
officials a determination regarding the intent of that
credentialing authority to retain, relinquish, or assign its
status as the primary credentialing authority, the Secretary
may designate the Federal Emergency Management Agency or
another Federal agency as the interim primary credentialing
authority, until such a time as the State or local
credentialing authority notifies the Secretary of whether that
authority intends to retain, relinquish, or assign its status. | First Response Broadcasters Act of 2007 - Authorizes appropriations to the Administrator of the Federal Emergency Management Agency (FEMA) for facility and equipment expenses to construct an additional 25 Primary Entry Point stations (radio broadcast stations designated to provide public information following emergencies where there is no commercial power) in the continental United States and territories.
Directs the Secretary of Homeland Security to establish a pilot program, the Broadcast Disaster Preparedness Grant Program, under which the Administrator may make grants to first response broadcasters. Sets forth provisions regarding priorities in making grants, use of funds, the federal share, and termination of grant authority.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) include specified assistance to first response broadcasters among the essential assistance that federal agencies may provide to meet immediate threats to life and property resulting from a major disaster; (2) prohibit a federal officer or employee from confiscating fuel, water, or food from such a broadcaster during a disaster if that broadcaster documents that such supplies will be used to enable the broadcast of essential disaster-related public information in the affected area; and (3) direct the head of a federal agency to allow access to the area affected by a major disaster for technical personnel, broadcast engineers, and equipment needed to restore, repair, or resupply any facility or equipment critical to such a broadcaster's ability to continue to acquire, produce, and transmit essential disaster-related public information, subject to specified limitations. Establishes guidelines for press access to a disaster area. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Education, Expansion, and
Development Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) While the Nurse Reinvestment Act (Public Law 107-205)
helped to increase applications to schools of nursing by 60
percent, schools of nursing have been unable to accommodate the
influx of interested students because they have an insufficient
number of nurse educators. It is estimated that--
(A) in the 2003-2004 school year--
(i) 61.5 percent of schools of nursing had
from 1 to 15 vacant faculty positions; and
(ii) an additional 30.9 percent of schools
of nursing needed additional faculty, but
lacked the resources needed to add more
positions; and
(B) 18,105 eligible candidates were denied
admission to schools of nursing in 2003, primarily due
to an insufficient number of faculty members.
(2) A growing number of nurses with doctoral degrees are
choosing careers outside of education. Over the last few years,
there has been a 12 percent increase in doctoral nursing
graduates seeking employment outside the education profession.
(3) The average age of nurse faculty at retirement is 62.5
years. With the average age of doctorally-prepared faculty
currently 53.5 years, a wave of retirements is expected within
the next 10 years.
(4) Master's and doctoral programs in nursing are not
producing a large enough pool of potential nurse educators to
meet the projected demand for nurses over the next 10 years. In
the 2003-2004 school year, graduations from master's programs
in nursing were down 2.5 percent or 251 graduates, and
graduations from doctoral programs decreased by 9.9 percent or
44 graduates.
(5) According to the February 2004 Monthly Labor Review of
the Bureau of Labor Statistics, more than 1,000,000 new and
replacement nurses will be needed by 2012.
SEC. 3. CAPITATION GRANTS TO INCREASE THE NUMBER OF NURSING FACULTY AND
STUDENTS.
(a) Grants.--Part D of title VIII of the Public Health Service Act
(42 U.S.C. 296p) is amended by adding at the end the following:
``SEC. 832. CAPITATION GRANTS.
``(a) In General.--For the purpose described in subsection (b), the
Secretary, acting through the Health Resources and Services
Administration, shall award a grant each fiscal year in an amount
determined in accordance with subsection (c) to each eligible school of
nursing that submits an application in accordance with this section.
``(b) Purpose.--A funding agreement for a grant under this section
is that the eligible school of nursing involved will expend the grant
to increase the number of nursing faculty and students at the school,
including by hiring new faculty, retaining current faculty, purchasing
educational equipment and audiovisual laboratories, enhancing clinical
laboratories, repairing and expanding infrastructure, or recruiting
students.
``(c) Grant Computation.--
``(1) Amount per student.--Subject to paragraph (2), the
amount of a grant to an eligible school of nursing under this
section for a fiscal year shall be the total of the following:
``(A) $1,800 for each full-time or part-time
student who is enrolled at the school in a graduate
program of education in nursing that--
``(i) leads to a master's degree, a
doctoral degree, or an equivalent degree; and
``(ii) prepares individuals to serve as
faculty through additional course work in
education and ensuring competency in an
advanced practice area.
``(B) $1,405 for each full-time or part-time
student who--
``(i) is enrolled at the school in a
program of education in nursing leading to the
degree of bachelor of science, bachelor of
nursing, or an equivalent degree; and
``(ii) has not more than 3 years of
academic credits remaining in the program.
``(C) $966 for each full-time or part-time student
who is enrolled at the school in a program of education
in nursing leading to an associate degree in nursing or
an equivalent degree.
``(2) Limitation.--In calculating the amount of a grant to
a school under paragraph (1), the Secretary may not make a
payment with respect to a particular student--
``(A) for more than 2 fiscal years in the case of a
student described in paragraph (1)(A) who is enrolled
in a graduate program of education in nursing leading
to a master's degree or an equivalent degree;
``(B) for more than 4 fiscal years in the case of a
student described in paragraph (1)(A) who is enrolled
in a graduate program of education in nursing leading
to a doctoral degree or an equivalent degree;
``(C) for more than 3 fiscal years in the case of a
student described in paragraph (1)(B); or
``(D) for more than 2 fiscal years in the case of a
student described in paragraph (1)(C).
``(d) Eligibility.--For purposes of this section, the term
`eligible school of nursing' means a school of nursing that--
``(1) is accredited by a nursing accrediting agency
recognized by the Secretary of Education;
``(2) has a passage rate on the National Council Licensure
Examination for Registered Nurses of not less than 80 percent
for each of the 3 school years preceding submission of the
grant application; and
``(3) has a graduation rate (based on the number of
students in a class who graduate relative to, for a
baccalaureate program, the number of students who were enrolled
in the class at the beginning of junior year or, for an
associate degree program, the number of students who were
enrolled in the class at the end of the first year) of not less
than 80 percent for each of the 3 school years preceding
submission of the grant application.
``(e) Requirements.--The Secretary may award a grant under this
section to an eligible school of nursing only if the school gives
assurances satisfactory to the Secretary that, for each school year for
which the grant is awarded, the school will comply with the following:
``(1) The school will maintain a passage rate on the
National Council Licensure Examination for Registered Nurses of
not less than 80 percent.
``(2) The school will maintain a graduation rate (as
described in subsection (d)(3)) of not less than 80 percent.
``(3)(A) Subject to subparagraphs (B) and (C), the first-
year enrollment of full-time nursing students in the school
will exceed such enrollment for the preceding school year by 5
percent or 5 students, whichever is greater.
``(B) Subparagraph (A) does not apply to the first school
year for which a school receives a grant under this section.
``(C) With respect to any school year, the Secretary may
waive application of subparagraph (A) if--
``(i) the physical facilities at the school
involved limit the school from enrolling additional
students; or
``(ii) the school has increased enrollment in the
school (as described in subparagraph (A)) for each of
the 2 preceding school years.
``(4) Not later than 1 year after receipt of the grant, the
school will formulate and implement a plan to accomplish at
least 2 of the following:
``(A) Establishing or significantly expanding an
accelerated baccalaureate degree nursing program
designed to graduate new nurses in 12 to 18 months.
``(B) Establishing cooperative intradisciplinary
education among schools of nursing with a view toward
shared use of technological resources, including
information technology.
``(C) Establishing cooperative interdisciplinary
training between schools of nursing and schools of
allied health, medicine, dentistry, osteopathy,
optometry, podiatry, pharmacy, public health, or
veterinary medicine, including training for the use of
the interdisciplinary team approach to the delivery of
health services.
``(D) Integrating core competencies on evidence-
based practice, quality improvements, and patient-
centered care.
``(E) Increasing admissions, enrollment, and
retention of qualified individuals who are financially
disadvantaged.
``(F) Increasing enrollment of minority and diverse
student populations.
``(G) Increasing enrollment of new graduate
baccalaureate nursing students in graduate programs
that educate nurse faculty members.
``(H) Developing post-baccalaureate residency
programs to prepare nurses for practice in specialty
areas where nursing shortages are most severe.
``(I) Increasing integration of geriatric content
into the core curriculum.
``(J) Partnering with economically disadvantaged
communities to provide nursing education.
``(K) Expanding the ability of nurse managed health
centers to provide clinical education training sites to
nursing students.
``(5) The school will submit an annual report to the
Secretary that includes updated information on the school with
respect to student enrollment, student retention, graduation
rates, passage rates on the National Council Licensure
Examination for Registered Nurses, the number of graduates
employed as nursing faculty or nursing care providers within 12
months of graduation, and the number of students who are
accepted into graduate programs for further nursing education.
``(6) The school will allow the Secretary to make on-site
inspections, and will comply with the Secretary's requests for
information, to determine the extent to which the school is
complying with the requirements of this section.
``(g) Reports to Congress.--The Secretary shall evaluate the
results of grants under this section and submit to the Congress--
``(1) not later than 18 months after the date of the
enactment of this section, an interim report on such results;
and
``(2) not later than the end of fiscal year 2007, a final
report on such results.
``(h) Application.--To seek a grant under this section, a school
nursing shall submit an application to the Secretary at such time, in
such manner, and containing such information and assurances as the
Secretary may require.
``(i) Authorization of Appropriations.--
``(1) In general.--For the costs of carrying out this
section (except the costs described in paragraph (2)), there
are authorized to be appropriated $75,000,000 for fiscal year
2005, $85,000,000 for fiscal year 2006, and $95,000,000 for
fiscal year 2007.
``(2) Administrative costs.--For the costs of administering
this section, including the costs of evaluating the results of
grants and submitting reports to the Congress, there are
authorized to be appropriated such sums as may be necessary for
each of fiscal years 2005, 2006, and 2007.''.
(b) GAO Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study and submit a report to the
Congress on ways to increase participation in the nurse faculty
profession.
(2) Contents of report.--The report required by paragraph
(1) shall include the following:
(A) A discussion of the master's degree and
doctoral degree programs that are successful in placing
graduates as faculty in schools of nursing.
(B) An examination of compensation disparities
throughout the nursing profession and compensation
disparities between higher education instructional
faculty generally and higher education instructional
nursing faculty. | Nurse Education, Expansion, and Development Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Health Resources and Services Administration, to award a grant to each eligible school of nursing to increase the number of nursing faculty and students at the school.
Requires such schools to formulate and implement a plan to accomplish at least two of specified goals, which include: (1) establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months; (2) establishing cooperative interdisciplinary training between schools of nursing and other specified health related fields; (3) increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged; (4) increasing enrollment of minority and diverse student populations; (5) increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members; (6) developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are more severe; and (7) increasing integration of geriatric content into the core curriculum.
Requires the Comptroller General of the United States to study ways to increase participation in the nurse faculty profession and to submit a report to Congress that includes: (1) a discussion of the master's degree and doctoral degree programs that are successful in placing graduates as faculty in schools of nursing; and (2) an examination of compensation disparities throughout the nursing profession and between higher education instructional faculty generally and higher education instructional nursing faculty. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear-
Yard Stop Illegal Trafficking in Firearms Act of 2017''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Anti-straw purchasing and firearms trafficking amendments.
Sec. 4. Amendments to section 922(d).
Sec. 5. Amendments to section 924(a).
Sec. 6. Amendments to section 924(h).
Sec. 7. Amendments to section 924(k).
SEC. 3. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
``(a) For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `purchases' includes the receipt of any
firearm by a person who does not own the firearm--
``(A) by way of pledge or pawn as security for the
payment or repayment of money; or
``(B) on consignment.
``(b) It shall be unlawful for any person (other than a licensed
importer, licensed manufacturer, licensed collector, or licensed
dealer) to knowingly purchase, or attempt or conspire to purchase, any
firearm in or otherwise affecting interstate or foreign commerce--
``(1) from a licensed importer, licensed manufacturer,
licensed collector, or licensed dealer for, on behalf of, or at
the request or demand of any other person, known or unknown; or
``(2) from any person who is not a licensed importer,
licensed manufacturer, licensed collector, or licensed dealer
for, on behalf of, or at the request or demand of any other
person, known or unknown, knowing or having reasonable cause to
believe that such other person--
``(A) is under indictment for, or has been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year;
``(B) is a fugitive from justice;
``(C) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(D) has been adjudicated as a mental defective or
has been committed to any mental institution;
``(E) is an alien who--
``(i) is illegally or unlawfully in the
United States; or
``(ii) except as provided in section
922(y)(2), has been admitted to the United
States under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));
``(F) has been discharged from the Armed Forces
under dishonorable conditions;
``(G) having been a citizen of the United States,
has renounced his or her citizenship;
``(H) is subject to a court order that restrains
such person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this subparagraph shall only apply
to a court order that--
``(i) was issued after a hearing of which
such person received actual notice, and at
which such person had the opportunity to
participate; and
``(ii)(I) includes a finding that such
person represents a credible threat to the
physical safety of such intimate partner or
child; or
``(II) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury;
``(I) has been convicted in any court of a
misdemeanor crime of domestic violence;
``(J) intends to--
``(i) use, carry, possess, or sell or
otherwise dispose of the firearm or ammunition
in furtherance of a crime of violence or drug
trafficking crime; or
``(ii) export the firearm or ammunition in
violation of law;
``(K) who does not reside in any State; or
``(L) intends to sell or otherwise dispose of the
firearm or ammunition to a person described in any of
subparagraphs (A) through (K).
``(c)(1) Except as provided in paragraph (2), any person who
violates subsection (b) shall be fined under this title, imprisoned for
not more than 15 years, or both.
``(2) If a violation of subsection (b) is committed knowing or with
reasonable cause to believe that any firearm involved will be used to
commit a crime of violence, the person shall be sentenced to a term of
imprisonment of not more than 25 years.
``(d) Subsection (b)(1) shall not apply to any firearm that is
lawfully purchased by a person--
``(1) to be given as a bona fide gift to a recipient who
provided no service or tangible thing of value to acquire the
firearm, unless the person knows or has reasonable cause to
believe such recipient is prohibited by Federal law from
possessing, receiving, selling, shipping, transporting,
transferring, or otherwise disposing of the firearm; or
``(2) to be given to a bona fide winner of an organized
raffle, contest, or auction conducted in accordance with law
and sponsored by a national, State, or local organization or
association, unless the person knows or has reasonable cause to
believe such recipient is prohibited by Federal law from
possessing, purchasing, receiving, selling, shipping,
transporting, transferring, or otherwise disposing of the
firearm.
``Sec. 933. Trafficking in firearms
``(a) It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported,
or otherwise dispose of 2 or more firearms to another person in
or otherwise affecting interstate or foreign commerce, if the
transferor knows or has reasonable cause to believe that the
use, carrying, or possession of a firearm by the transferee
would be in violation of, or would result in a violation of,
any Federal law punishable by a term of imprisonment exceeding
1 year;
``(2) receive from another person 2 or more firearms in or
otherwise affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe that such
receipt would be in violation of, or would result in a
violation of, any Federal law punishable by a term of
imprisonment exceeding 1 year; or
``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(b)(1) Except as provided in paragraph (2), any person who
violates subsection (a) shall be fined under this title, imprisoned for
not more than 15 years, or both.
``(2) If a violation of subsection (a) is committed by a person in
concert with 5 or more other persons with respect to whom such person
occupies a position of organizer, leader, supervisor, or manager, the
person shall be sentenced to a term of imprisonment of not more than 25
years.
``Sec. 934. Forfeiture and fines
``(a)(1) Any person convicted of a violation of section 932 or 933
shall forfeit to the United States, irrespective of any provision of
State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a person convicted of a
violation of section 932 or 933, shall order, in addition to any other
sentence imposed pursuant to section 932 or 933, that the person
forfeit to the United States all property described in paragraph (1).
``(b) A defendant who derives profits or other proceeds from an
offense under section 932 or 933 may be fined not more than the greater
of--
``(1) the fine otherwise authorized by this part; and
``(2) the amount equal to twice the gross profits or other
proceeds of the offense under section 932 or 933.''.
(b) Title III Authorization.--Section 2516(1)(n) of title 18,
United States Code, is amended by striking ``and 924'' and inserting
``, 924, 932, or 933''.
(c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``section 932 (relating to straw
purchasing), section 933 (relating to trafficking in firearms),''
before ``section 1028''.
(d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking ``section 924(n)'' and
inserting ``section 924(n), 932, or 933''.
(e) Directive to Sentencing Commission.--Pursuant to its authority
under section 994 of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend its guidelines and policy statements to ensure that persons
convicted of an offense under section 932 or 933 of title 18, United
States Code, and other offenses applicable to the straw purchases and
firearms trafficking of firearms are subject to increased penalties in
comparison to those currently provided by the guidelines and policy
statements for such straw purchasing and firearms trafficking offenses.
The Commission shall also review and amend its guidelines and policy
statements to reflect the intent of Congress that a person convicted of
an offense under section 932 or 933 of title 18, United States Code,
who is affiliated with a gang, cartel, organized crime ring, or other
such enterprise should be subject to higher penalties than an otherwise
unaffiliated individual.
(f) Technical and Conforming Amendment.--The table of sections of
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
SEC. 4. AMENDMENTS TO SECTION 922(D).
Section 922(d) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by striking the matter following paragraph (9) and
inserting the following:
``(10) intends to sell or otherwise dispose of the firearm
or ammunition to a person described in any of paragraphs (1)
through (9); or
``(11) intends to sell or otherwise dispose of the firearm
or ammunition in furtherance of a crime of violence or drug
trafficking offense or to export the firearm or ammunition in
violation of law.
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 925 is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief from
disabilities pursuant to subsection (c) of section 925.''.
SEC. 5. AMENDMENTS TO SECTION 924(A).
Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d) or (g) of section
922 shall be fined under this title, imprisoned not more than 15 years,
or both.''.
SEC. 6. AMENDMENTS TO SECTION 924(H).
Section 924 of title 18, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h)(1) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing or having
reasonable cause to believe that such firearm or ammunition will be
used to commit a crime of violence (as defined in subsection (c)(3)), a
drug trafficking crime (as defined in subsection (c)(2)), or a crime
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.),
or section 212(a)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined
in accordance with this title, or both.
``(2) No term of imprisonment imposed on a person under this
subsection shall run concurrently with any term of imprisonment imposed
on the person under section 932.''.
SEC. 7. AMENDMENTS TO SECTION 924(K).
Section 924 of title 18, United States Code, is amended by striking
subsection (k) and inserting the following:
``(k)(1) A person who, with intent to engage in or to promote
conduct that--
``(A) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
``(B) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
``(C) constitutes a crime of violence (as defined in
subsection (c)(3)),
smuggles or knowingly brings into the United States, a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.
``(2) A person who, with intent to engage in or to promote conduct
that--
``(A) would be punishable under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46, if the conduct had occurred within the United States; or
``(B) would constitute a crime of violence (as defined in
subsection (c)(3)) for which the person may be prosecuted in a
court of the United States, if the conduct had occurred within
the United States,
smuggles or knowingly takes out of the United States, a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.''. | Hadiya Pendleton and Nyasia Pryear-Yard Stop Illegal Trafficking in Firearms Act of 2017 This bill amends the federal criminal code to establish stand-alone criminal offenses for trafficking in firearms and straw purchasing of firearms. The bill expands the categories of prohibited persons (i.e., persons barred from receiving or possessing a firearm or ammunition) to include persons who intend: (1) to sell or transfer a firearm or ammunition to a prohibited person, (2) to sell or transfer a firearm to further a crime of violence or drug trafficking offense, or (3) to unlawfully export. It increases the maximum prison term for the sale or transfer of a firearm to or the receipt or possession of a firearm by a prohibited person. The bill revises the existing prohibition on transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking offense. It broadens the scope of the prohibition and increases the maximum prison term for a violator. The bill also revises the existing prohibition on smuggling a firearm into the United States with the intent to unlawfully import or to promote a crime of violence or drug trafficking offense. It broadens the scope of the prohibition and increases the maximum prison term for a violator. Finally, the bill makes it a crime to smuggle a firearm or ammunition out of the United States, or conspire or attempt to do so, with the intent to unlawfully export or to promote a crime of violence or drug trafficking offense. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Holding Company Tax Repeal
Act of 2004''.
SEC. 2. REPEAL OF PERSONAL HOLDING COMPANY TAX.
(a) In General.--Part II of subchapter G of chapter 1 of the
Internal Revenue Code of 1986 (relating to personal holding companies)
is hereby repealed.
(b) Conforming Amendments.--
(1) Section 12(2) of such Code is amended to read as
follows:
``(2) For accumulated earnings tax, see part I of
subchapter G (sec. 531 and following).''.
(2) Section 26(b)(2) of such Code is amended by striking
subparagraph (G) and by redesignating the succeeding
subparagraphs accordingly.
(3) Section 30A(c) of such Code is amended by striking
paragraph (3), by inserting ``or'' at the end of paragraph (2),
and by redesignating paragraph (4) as paragraph (3).
(4) Section 41(e)(7)(E) of such Code is amended by adding
``and'' at the end of clause (i), by striking clause (ii), and
by redesignating clause (iii) as clause (ii).
(5) Section 56(b)(2) of such Code is amended by striking
subparagraph (C) and by redesignating subparagraph (D) as
subparagraph (C).
(6) Section 170(e)(4)(D) of such Code is amended by adding
``and'' at the end of clause (i), by striking clause (ii), and
by redesignating clause (iii) as clause (ii).
(7) Section 111(d) of such Code is amended to read as
follows:
``(d) Special Rules for Accumulated Earnings Tax.--In applying
subsection (a) for the purpose of determining the accumulated earnings
tax under section 531--
``(1) any excluded amount under subsection (a) allowed for
purposes of this subtitle (other than section 531) shall be
allowed whether or not such amount resulted in a reduction of
the tax under section 531 for the prior taxable year, and
``(2) where any excluded amount under subsection (a) was
not allowed as a deduction for the prior taxable year for
purposes of this subtitle other than section 531 but was
allowable for the same taxable year under section 531, then
such excluded amount shall be allowable if it did not result in
a reduction of the tax under section 531.''.
(8)(A) Section 316(b) of such Code is amended by striking
paragraph (2) and by redesignating paragraph (3) as paragraph
(2).
(B) Section 331(b) of such Code is amended by striking
``(other than a distribution referred to in paragraph (2)(B) of
section 316(b))''.
(9) Section 341(d) of such Code is amended--
(A) by striking ``section 544(a)'' and inserting
``section 465(f)'', and
(B) by inserting before the period at the end of
the next to the last sentence ``and such paragraph (2)
shall be applied by inserting `by or for his partner'
after `his family'''.
(10) Section 381(c) of such Code is amended by striking
paragraphs (14) and (17).
(11) Section 443(e) of such Code is amended by striking
paragraph (2) and by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively.
(12) Section 447(g)(4)(A) of such Code is amended by
striking ``other than--'' and all that follows and inserting
``other than an S corporation.''
(13)(A) Section 465(a)(1)(B) of such Code is amended to
read as follows:
``(B) a C corporation which is closely held,''.
(B) Section 465(a)(3) of such Code is amended to read as
follows:
``(3) Closely held determination.--For purposes of
paragraph (1), a corporation is closely held if, at any time
during the last half of the taxable year, more than 50 percent
in value of its outstanding stock is owned, directly or
indirectly, by or for not more than 5 individuals. For purposes
of this paragraph, an organization described in section 401(a),
501(c)(17), or 509(a) or a portion of a trust permanently set
aside or to be used exclusively for the purposes described in
section 642(c) shall be considered an individual.''
(C) Section 465 of such Code is amended by adding at the
end the following new subsection:
``(f) Constructive Ownership Rules.--For purposes of subsection
(a)(3)--
``(1) Stock not owned by individual.--Stock owned, directly
or indirectly, by or for a corporation, partnership, estate, or
trust shall be considered as being owned proportionately by its
shareholders, partners, or beneficiaries.
``(2) Family ownership.--An individual shall be considered
as owning the stock owned, directly or indirectly, by or for
his family. For purposes of this paragraph, the family of an
individual includes only his brothers and sisters (whether by
the whole or half blood), spouse, ancestors, and lineal
descendants.
``(3) Options.--If any person has an option to acquire
stock, such stock shall be considered as owned by such person.
For purposes of this paragraph, an option to acquire such an
option, and each one of a series of such options, shall be
considered as an option to acquire such stock.
``(4) Application of family and option rules.--Paragraphs
(2) and (3) shall be applied if, but only if, the effect is to
make the corporation closely held under subsection (a)(3).
``(5) Constructive ownership as actual ownership.--Stock
constructively owned by a person by reason of the application
of paragraph (1) or (3), shall, for purposes of applying
paragraph (1) or (2), be treated as actually owned by such
person; but stock constructively owned by an individual by
reason of the application of paragraph (2) shall not be treated
as owned by him for purposes of again applying such paragraph
in order to make another the constructive owner of such stock.
``(6) Option rule in lieu of family rule.--If stock may be
considered as owned by an individual under either paragraph (2)
or (3) it shall be considered as owned by him under paragraph
(3).
``(7) Convertible securities.--Outstanding securities
convertible into stock (whether or not convertible during the
taxable year) shall be considered as outstanding stock if the
effect of the inclusion of all such securities is to make the
corporation closely held under subsection (a)(3). The
requirement under the preceding sentence that all convertible
securities must be included if any are to be included shall be
subject to the exception that, where some of the outstanding
securities are convertible only after a later date than in the
case of others, the class having the earlier conversion date
may be included although the others are not included, but no
convertible securities shall be included unless all outstanding
securities having a prior conversion date are also included.''
(D) Section 465(c)(7)(B) of such Code is amended by
striking clause (i) and by redesignating clauses (ii) and (iii)
as clauses (i) and (ii), respectively.
(E) Section 465(c)(7)(G) of such Code is amended to read as
follows:
``(G) Loss of 1 member of affiliated group may not
offset income of personal service corporation.--Nothing
in this paragraph shall permit any loss of a member of
an affiliated group to be used as an offset against the
income of any other member of such group which is a
personal service corporation (as defined in section
269A(b) but determined by substituting `5 percent' for
`10 percent' in section 269A(b)(2)).''
(14) Sections 508(d), 4947, and 4948(c)(4) of such Code are
each amended by striking ``545(b)(2),'' each place it appears.
(15) Section 532(b) of such Code is amended by striking
paragraph (1) and by redesignating paragraphs (2), (3), and (4)
as paragraphs (1), (2), and (3), respectively.
(16) Sections 535(b)(1) and 556(b)(1) of such Code are each
amended by striking ``section 541'' and inserting ``section 541
(as in effect before its repeal)''.
(17)(A) Section 553(a)(1) of such Code is amended by
striking ``section 543(d)'' and inserting ``subsection (c)''.
(B) Section 553 of such Code is amended by adding at the
end the following new subsection:
``(c) Active Business Computer Software Royalties.--
``(1) In general.--For purposes of subsection (a), the term
`active business computer software royalties' means any
royalties--
``(A) received by any corporation during the
taxable year in connection with the licensing of
computer software, and
``(B) with respect to which the requirements of
paragraphs (2), (3), (4), and (5) are met.
``(2) Royalties must be received by corporation actively
engaged in computer software business.--The requirements of
this paragraph are met if the royalties described in paragraph
(1)--
``(A) are received by a corporation engaged in the
active conduct of the trade or business of developing,
manufacturing, or producing computer software, and
``(B) are attributable to computer software which--
``(i) is developed, manufactured, or
produced by such corporation (or its
predecessor) in connection with the trade or
business described in subparagraph (A), or
``(ii) is directly related to such trade or
business.
``(3) Royalties must constitute at least 50 percent of
income.--The requirements of this paragraph are met if the
royalties described in paragraph (1) constitute at least 50
percent of the ordinary gross income of the corporation for the
taxable year.
``(4) Deductions under sections 162 and 174 relating to
royalties must equal or exceed 25 percent of ordinary gross
income.--
``(A) In general.--The requirements of this
paragraph are met if--
``(i) the sum of the deductions allowable
to the corporation under sections 162, 174, and
195 for the taxable year which are properly
allocable to the trade or business described in
paragraph (2) equals or exceeds 25 percent of
the ordinary gross income of such corporation
for such taxable year, or
``(ii) the average of such deductions for
the 5-taxable year period ending with such
taxable year equals or exceeds 25 percent of
the average ordinary gross income of such
corporation for such period.
If a corporation has not been in existence during the
5-taxable year period described in clause (ii), then
the period of existence of such corporation shall be
substituted for such 5-taxable year period.
``(B) Deductions allowable under section 162.--For
purposes of subparagraph (A), a deduction shall not be
treated as allowable under section 162 if it is
specifically allowable under another section.
``(C) Limitation on allowable deductions.--For
purposes of subparagraph (A), no deduction shall be
taken into account with respect to compensation for
personal services rendered by the 5 individual
shareholders holding the largest percentage (by value)
of the outstanding stock of the corporation. For
purposes of the preceding sentence individuals holding
less than 5 percent (by value) of the stock of such
corporation shall not be taken into account.''
(18) Section 561(a) of such Code is amended by striking
paragraph (3), by inserting ``and'' at the end of paragraph
(1), and by striking '', and'' at the end of paragraph (2) and
inserting a period.
(19) Section 562(b) of such Code is amended to read as
follows:
``(b) Distributions in Liquidation.--Except in the case of a
foreign personal holding company described in section 552--
``(1) in the case of amounts distributed in liquidation,
the part of such distribution which is properly chargeable to
earnings and profits accumulated after February 28, 1913, shall
be treated as a dividend for purposes of computing the
dividends paid deduction, and
``(2) in the case of a complete liquidation occurring
within 24 months after the adoption of a plan of liquidation,
any distribution within such period pursuant to such plan
shall, to the extent of the earnings and profits (computed
without regard to capital losses) of the corporation for the
taxable year in which such distribution is made, be treated as
a dividend for purposes of computing the dividends paid
deduction.
For purposes of paragraph (1), a liquidation includes a redemption of
stock to which section 302 applies. Except to the extent provided in
regulations, the preceding sentence shall not apply in the case of any
mere holding or investment company which is not a regulated investment
company.''
(20) Section 563 of such Code is amended by striking
subsection (b).
(21) Section 564 of such Code is hereby repealed.
(22) Section 631(c) of such Code is amended by striking
``or section 545(b)(5)''.
(23) Section 852(b)(1) of such Code is amended by striking
``which is a personal holding company (as defined in section
542) or''.
(24)(A) Section 856(h)(1) of such Code is amended to read
as follows:
``(1) In general.--For purposes of subsection (a)(6), a
corporation, trust, or association is closely held if the stock
ownership requirement of section 465(a)(3) is met.''
(B) Section 856(h)(3)(A)(i) of such Code is amended by
striking ``section 542(a)(2)'' and inserting ``section
465(a)(3)''.
(C) Paragraph (3) of section 856(h) of such Code is amended
by striking subparagraph (B) and by redesignating subparagraphs
(C) and (D) as subparagraphs (B) and (C), respectively.
(D) Subparagraph (C) of section 856(h)(3) of such Code, as
redesignating by the preceding subparagraph, is amended by
striking ``subparagraph (C)'' and inserting ``subparagraph
(B)''.
(25) The last sentence of section 882(c)(2) of such Code is
amended to read as follows: ``The preceding sentence shall not
be construed to deny the credit provided by section 33 for tax
withheld at source or the credit provided by section 34 for
certain uses of gasoline.''.
(26) Section 936(a)(3) of such Code is amended by striking
subparagraph (C), by inserting ``or'' at the end of
subparagraph (B), and by redesignating subparagraph (D) as
subparagraph (C).
(27) Section 992(d) of such Code is amended by striking
paragraph (2) and by redesignating succeeding paragraphs
accordingly.
(28) Section 992(e) of such Code is amended by striking
``and section 541 (relating to personal holding company tax)''.
(29) Section 1202(e)(8) of such Code is amended by striking
``section 543(d)(1)'' and inserting ``section 553(c)(1)''.
(30) Section 1362(d)(3)(C)(iii) of such Code is amended by
adding at the end the following new sentence: ``References to
section 542 in the preceding sentence shall be treated as
references to such section as in effect on the day before its
repeal.''
(31) Section 1504(c)(2)(B) of such Code is amended by
adding ``and'' at the end of clause (i), by striking clause
(ii), and by redesignating clause (iii) as clause (ii).
(32) Section 2057(e)(2)(C) of such Code is amended by
adding at the end the following new sentence: ``References to
sections 542 and 543 in the preceding sentence shall be treated
as references to such sections as in effect on the day before
their repeal.''
(33) Sections 6422 of such Code is amended by striking
paragraph (3) and by redesignating paragraphs (4) through (12)
and paragraphs (3) through (11), respectively.
(34) Section 6501 of such Code is amended by striking
subsection (f).
(35) Section 6503(k) of such Code is amended by striking
paragraph (1) and by redesignating paragraphs (2) through (5)
as paragraphs (1) through (4), respectively.
(36) Section 6515 of such Code is amended by striking
paragraph (1) and by redesignating paragraphs (2) through (6)
as paragraphs (1) through (5), respectively.
(37) Subsections (d)(1)(B) and (e)(2) of section 6662 of
such Code are each amended by striking ``or a personal holding
company (as defined in section 542)''.
(38) Section 6683 of such Code is hereby repealed.
(c) Clerical Amendments.--
(1) The table of parts for subchapter G of chapter 1 of
such Code is amended by striking the item relating to part II.
(2) The table of sections for part IV of such subchapter G
of such Code is amended by striking the item relating to
section 564.
(3) The table of sections for part I of subchapter B of
chapter 68 of such Code is amended by striking the item
relating to section 6683.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Personal Holding Company Tax Repeal Act of 2004 - Amends the Internal Revenue Code to repeal the tax on personal holding companies. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Exascale Computing for Science,
Competitiveness, Advanced Manufacturing, Leadership, and the Economy
Act of 2015'' or the ``ExaSCALE Computing Leadership Act of 2015''.
SEC. 2. RENAMING OF ACT.
(a) In General.--Section 1 of the Department of Energy High-End
Computing Revitalization Act of 2004 (15 U.S.C. 5501 note; Public Law
108-423) is amended by striking ``Department of Energy High-End
Computing Revitalization Act of 2004'' and inserting ``Exascale
Computing for Science, Competitiveness, Advanced Manufacturing,
Leadership, and the Economy Act of 2015''.
(b) Conforming Amendment.--Section 976(a)(1) of the Energy Policy
Act of 2005 (42 U.S.C. 16316(1)) is amended by striking ``Department of
Energy High-End Computing Revitalization Act of 2004'' and inserting
``Exascale Computing for Science, Competitiveness, Advanced
Manufacturing, Leadership, and the Economy Act of 2015''.
SEC. 3. DEFINITIONS.
Section 2 of the Exascale Computing for Science, Competitiveness,
Advanced Manufacturing, Leadership, and the Economy Act of 2015 (15
U.S.C. 5541) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(2) by striking paragraph (1) and inserting the following:
``(1) Department.--The term `Department' means the
Department of Energy.
``(2) Exascale computing.--The term `exascale computing'
means computing through the use of a computing machine that
performs near or above 10 to the 18th power floating point
operations per second.''; and
(3) in paragraph (6) (as redesignated by paragraph (1)), by
striking ``, acting through the Director of the Office of
Science of the Department of Energy''.
SEC. 4. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND
DEVELOPMENT PROGRAM.
Section 3 of the Exascale Computing for Science, Competitiveness,
Advanced Manufacturing, Leadership, and the Economy Act of 2015 (15
U.S.C. 5542) is amended--
(1) in subsection (a)(1), by striking ``program'' and
inserting ``coordinated program across the Department'';
(2) in subsection (b)(2), by striking ``, which may'' and
all that follows through ``architectures''; and
(3) by striking subsection (d) and inserting the following:
``(d) Exascale Computing Program.--
``(1) In general.--The Secretary shall conduct a research
program (referred to in this subsection as the `Program') to
develop 2 or more exascale computing machine architectures to
promote the missions of the Department.
``(2) Implementation.--
``(A) In general.--In carrying out the Program, the
Secretary shall--
``(i) establish 2 or more National
Laboratory partnerships with industry partners
and institutions of higher education for the
research and development of 2 or more exascale
computing systems across all applicable
organizations of the Department; and
``(ii) provide, as appropriate, on a
competitive, merit-reviewed basis, access for
researchers in industries in the United States,
institutions of higher education, National
Laboratories, and other Federal agencies to the
exascale computing systems developed pursuant
to clause (i).
``(B) Selection of partners.--The Secretary shall
select members for the partnerships under subparagraph
(A) through a competitive, peer-review process.
``(3) Codesign and application development.--
``(A) In general.--The Secretary shall carry out
the Program through an integration of application,
computer science, and computer hardware architecture
using the partnerships established pursuant to
paragraph (2) to ensure that, to the maximum extent
practicable, 2 or more exascale computing machine
architectures are capable of solving Department target
applications and broader scientific problems.
``(B) Report.--The Secretary shall submit to
Congress a report on how the integration under
subparagraph (A) is furthering application science data
and computational workloads across application
interests, including national security, material
science, physical science, cyber security, biological
science, the Materials Genome and BRAIN Initiatives of
the President, advanced manufacturing, and the national
electric grid.
``(4) Project review.--
``(A) In general.--The exascale architectures
systems developed pursuant to partnerships established
pursuant to paragraph (2) shall be reviewed through a
project review process.
``(B) Report.--Not later than 90 days after the
date of enactment of this subsection, the Secretary
shall submit to Congress a report on--
``(i) the results of the review conducted
under subparagraph (A); and
``(ii) the coordination and management of
the Program to ensure an integrated research
program across the Department.
``(5) Annual reports.--At the time of the budget submission
of the Department for each fiscal year, the Secretary, in
consultation with the members of the partnerships established
pursuant to paragraph (2), shall submit to Congress a report
that describes funding for the Program as a whole by functional
element of the Department and critical milestones.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 4 of the Exascale Computing for Science, Competitiveness,
Advanced Manufacturing, Leadership, and the Economy Act of 2015 (15
U.S.C. 5543) is amended--
(1) by striking ``this Act'' and inserting ``section
3(d)''; and
(2) by striking paragraphs (1) through (3) and inserting
the following:
``(1) $272,000,000 for fiscal year 2016;
``(2) $340,000,000 for fiscal year 2017; and
``(3) $360,000,000 for fiscal year 2018.''. | Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015 or the ExaSCALE Computing Leadership Act of 2015 Renames the Department of Energy High-End Computing Revitalization Act of 2004 as the Exascale Computing for Science, Competitiveness, Advanced Manufacturing, Leadership, and the Economy Act of 2015. Defines "exascale computing" as computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second. Directs the Secretary of Energy (DOE) to: conduct a research program to develop exascale computing machine architectures to promote DOE missions; establish national laboratory partnerships with industry partners and institutions of higher education (IHEs) for the research and development of exascale computing systems across all applicable DOE organizations; provide, on a competitive, merit-reviewed basis, access for researchers in U.S. industries, IHEs, National Laboratories, and other federal agencies to the exascale computing systems developed under this Act; select members for such partnerships through a competitive, peer-review process; and execute the program through an integration of application, computer science, and computer hardware architecture using those partnerships to ensure that exascale computing machine architectures are capable of solving DOE target applications and broader scientific problems. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Fair Pay Act of
1995''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Wage differentials exist between equivalent jobs
segregated by sex, race, and national origin in Government
employment and in industries engaged in commerce or in the
production of goods for commerce:
(2) The existence of such wage differentials--
(A) depresses wages and living standards for
employees necessary for their health and efficiency;
(B) prevents the maximum utilization of the
available labor resources;
(C) tends to cause labor disputes, thereby
burdening, affecting, and obstructing commerce;
(D) burdens commerce and the free flow of goods in
commerce; and
(E) constitutes an unfair method of competition.
(3) Discrimination in hiring and promotion has played a
role in maintaining a segregated work force.
(4) Many women and people of color work in occupations
dominated by individuals of their same sex, race, and national
origin.
(5)(A) A General Accounting Office analysis of wages in the
civil service of the State of Washington found that in 1985 of
the 44 jobs studied that paid less than the average of all
equivalent jobs, approximately 39 percent were female-dominated
and approximately 16 percent were male dominated.
(B) A study of wages in Minnesota using 1990 Decennial
Census data found that 75 percent of the wage differential
between white and non-white workers was unexplained and may be
a result of discrimination.
(6) Section 6(d) of the Fair Labor Standards Act of 1938
prohibits discrimination in compensation for ``equal work'' on
the basis of sex.
(7) Title VII of the Civil Rights Act of 1964 prohibits
discrimination in compensation because of race, color,
religion, national origin, and sex. The United States Supreme
Court, in its decision in County of Washington v. Gunther, 452
U.S. 161 (1981), held that title VII's prohibition against
discrimination in compensation also applies to jobs which do
not constitute ``equal work'' as defined in section 6(d) of the
Fair Labor Standards Act of 1938. Decisions of lower courts,
however, have demonstrated that further clarification of
existing legislation is necessary in order effectively to carry
out the intent of Congress to implement the Supreme Court's
holding in its Gunther decision.
(8) Artificial barriers to the elimination of
discrimination in compensation based upon sex, race, and
national origin continue to exist more than 3 decades after the
passage of section 6(d) of the Fair Labor Standards Act of 1938
and the Civil Rights Act of 1964. Elimination of such barriers
would have positive effects, including--
(A) providing a solution to problems in the economy
created by discriminating wage differentials;
(B) substantially reducing the number of working
women and people of color earning low wages, thereby
reducing the dependence on public assistance; and
(C) promoting stable families by enabling working
family members to earn a fair rate of pay.
SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.
(a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
``(g)(1)(A) No employer having employees subject to any provisions
of this section shall discriminate between its employees on the basis
of sex, race, or national origin by paying wages to employees or groups
of employees at a rate less than the rate at which the employer pays
wages to employees or groups of employees of the opposite sex or
different race or national origin for work in equivalent jobs, except
where such payment is made pursuant to a seniority system, a merit
system, or a system which measures earnings by quantity or quality of
production.
``(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee which have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
``(4) As used in this subsection:
``(A) The term `labor organization' means any organization
of any kind, or any agency or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
``(B) The term `equivalent jobs' means jobs that may be
dissimilar, but whose requirements are equivalent, when viewed
as a composite of skills, effort, responsibility, and working
conditions.''.
(b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6(d) and 6(g)''.
SEC. 4. PROHIBITED ACTS.
Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period
at the end of paragraph (5) and inserting a semicolon and by adding
after paragraph (5) the following:
``(6) to discriminate against any individual because such
individual has opposed any act or practice made unlawful by
section 6(g) or because such individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under section 6(g); or
``(7) to discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with any
employee or any other person because the employee inquired
about, disclosed, compared, or otherwise discussed the
employee's wages or the wages of any other employee, or because
the employee exercised, enjoyed, aided, or encouraged any other
person to exercise or enjoy any right granted or protected by
section 6(g).''.
SEC. 5. REMEDIES.
Section 16 (29 U.S.C. 216) is amended--
(1) by adding at the end the following:
``(f) In any action brought under this section for violation of
section 6(g), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
(2) in subsection (b), by striking ``section 15(a)(3)''
each place it occurs and inserting ``paragraphs (3), (6), and
(7) of section 15(a)''; and
(3) in the fourth sentence of subsection (b), by striking
``No employees'' and inserting ``Except with respect to class
actions brought under subsection (f), no employees''.
SEC. 6. RECORDS.
Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)''
after ``(c)'' and by adding at the end the following:
``(2)(A) Every employer subject to section 6(g) shall preserve
records which document and support the method, system, calculations,
and other bases used by the employer in establishing, adjusting, and
determining the wages paid to the employees of the employer. Every
employer subject to section 6(g) shall preserve such records for such
periods of time and shall make such reports therefrom to the Equal
Employment Opportunity Commission as shall be prescribed by the Equal
Employment Opportunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of section 6(g) or
any regulations promulgated thereunder.
``(B) Every employer subject to section 6(g) shall file annually
with the Equal Employment Opportunity Commission a report signed by its
president, treasurer, or corresponding principal officer containing
information in such detail as may be necessary accurately to disclose
the wage or salary rates paid to each classification, position, job
title, or other wage or salary group of employees employed by the
employer, as well as the sex, race, and national origin of employees at
each wage or salary level in each classification, position, job title,
or other wage or salary group. The report shall not contain the name of
any individual employee.
``(C) In order to carry out the purposes of this Act, the contents
of the reports filed with the Equal Employment Opportunity Commission
pursuant to subparagraph (B) shall be public information, and the Equal
Employment Opportunity Commission may publish any information and data
which it obtains pursuant to the provisions of subparagraph (B). The
Equal Employment Opportunity Commission may use the information and
data for statistical and research purposes, and compile and publish
such studies, analyses, reports, and surveys based thereon as it may
deem appropriate.
``(D) In order to carry out the purposes of this Act the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report filed with it pursuant to
subparagraph (B).
``(E) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports filed with
it pursuant to subparagraph (B) to any person upon payment of a charge
based upon the cost of the service.
``(F) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be filed under subparagraph (B) and such other reasonable rules and
regulations as it may find necessary to prevent the circumvention or
evasion of such reporting requirements. In exercising its authority
under subparagraph (B), the Equal Employment Opportunity Commission may
prescribe by general rule simplified reports for employers for whom it
finds that by virtue of their size a detailed report would be unduly
burdensome.''.
SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
TO CONGRESS.
Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
``(4) The Equal Employment Opportunity Commission shall undertake
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(g) prohibiting wage
discrimination between employees performing work in equivalent jobs on
the basis of sex, race, or national origin. Such studies, information,
and technical assistance shall be based upon and include reference to
the declared policy of such section to eliminate such discrimination.
In order to achieve the purposes of such section, the Equal Employment
Opportunity Commission shall further carry on a continuing program of
research, education, and technical assistance including--
``(A) undertaking and promoting research with the intent of
developing means to expeditiously correct the conditions
leading to section 6(g);
``(B) publishing and otherwise making available to
employers, labor organizations, professional associations,
educational institutions, the various media of communication,
and the general public the findings of studies and other
materials for promoting compliance with section 6(g);
``(C) sponsoring and assisting State and community
informational and educational programs; and
``(D) providing technical assistance to employers, labor
organizations, professional associations and other interested
persons on means of achieving and maintaining compliance with
the provisions of section 6(g).
``(5) The report submitted annually by the Equal Employment
Opportunity Commission to Congress pursuant to paragraph (1) shall
include a separate evaluation and appraisal regarding the
implementation of section 6(g).''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of one year from the date of its enactment. | Fair Pay Act of 1995 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin.
Directs courts, in any action brought under this section for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action.
Requires employers subject to such prohibition to preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC), and make reports to the EEOC.
Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Disability
Applicants' Access to Professional Representation Act of 2010''.
SEC. 2. PERMANENT EXTENSION OF ATTORNEY FEE WITHHOLDING PROCEDURES TO
TITLE XVI.
(a) In General.--Section 302 of the Social Security Protection Act
of 2004 (Public Law 108-203; 118 Stat. 519) is amended--
(1) in the section heading, by striking ``temporary''; and
(2) in subsection (c), by striking ``Effective Date.--'' and
all that follows through ``The amendments'' and inserting
``Effective Date.--The amendments'', and by striking paragraph (2).
(b) Clerical Amendment.--The item relating to section 302 in the
table of contents in section 1(b) of such Act is amended by striking
``Temporary extension'' and inserting ``Extension''.
SEC. 3. PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO QUALIFIED
NON-ATTORNEY REPRESENTATIVES.
(a) In General.--Section 206 of the Social Security Act (42 U.S.C.
406) is amended by adding at the end the following new subsection:
``(e)(1) The Commissioner shall provide for the extension of the
fee withholding procedures and assessment procedures that apply under
the preceding provisions of this section to agents and other persons,
other than attorneys, who represent claimants under this title before
the Commissioner.
``(2) Fee-withholding procedures may be extended under paragraph
(1) to any nonattorney representative only if such representative meets
at least the following prerequisites:
``(A) The representative has been awarded a bachelor's degree
from an accredited institution of higher education, or has been
determined by the Commissioner to have equivalent qualifications
derived from training and work experience.
``(B) The representative has passed an examination, written and
administered by the Commissioner, which tests knowledge of the
relevant provisions of this Act and the most recent developments in
agency and court decisions affecting this title and title XVI.
``(C) The representative has secured professional liability
insurance, or equivalent insurance, which the Commissioner has
determined to be adequate to protect claimants in the event of
malpractice by the representative.
``(D) The representative has undergone a criminal background
check to ensure the representative's fitness to practice before the
Commissioner.
``(E) The representative demonstrates ongoing completion of
qualified courses of continuing education, including education
regarding ethics and professional conduct, which are designed to
enhance professional knowledge in matters related to entitlement
to, or eligibility for, benefits based on disability under this
title and title XVI. Such continuing education, and the instructors
providing such education, shall meet such standards as the
Commissioner may prescribe.
``(3)(A) The Commissioner may assess representatives reasonable
fees to cover the cost to the Social Security Administration of
administering the prerequisites described in paragraph (2).
``(B) Fees collected under subparagraph (A) shall be credited to
the Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund, or deposited as miscellaneous receipts
in the general fund of the Treasury, based on such allocations as the
Commissioner determines appropriate.
``(C) The fees authorized under this paragraph shall be collected
and available for obligation only to the extent and in the amount
provided in advance in appropriations Acts. Amounts so appropriated are
authorized to remain available until expended for administering the
prerequisites described in paragraph (2).''.
(b) Conforming Amendments.--
(1) Section 1631(d)(2)(A) of such Act (42 U.S.C. 1383(d)(2)(A))
is amended--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) by substituting, in subsection (e)(1)--
``(I) `subparagraphs (B) and (C) of section 1631(d)(2)'
for `the preceding provisions of this section'; and
``(II) `title XVI' for `this title'.''.
(2) Section 303(e)(2) of the Social Security Protection Act of
2004 (Public Law 108-203; 118 Stat. 523) is amended by striking
``and final report'' in the heading and by striking the last
sentence.
(c) Effective Date.--The Commissioner of Social Security shall
provide for full implementation of the provisions of section 206(e) of
the Social Security Act (as added by subsection (a)) and the amendments
made by subsection (b) not later than March 1, 2010.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Social Security Disability Applicants' Access to Professional Representation Act of 2010 - Amends the Social Security Protection Act of 2004 to provide for permanent extension of the attorney fee witholding procedures under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to SSA title XVI (Supplemental Security Income) (SSI). Amends SSA titles II and XVI to provide for the permanent extension of such procedures to qualified non-attorney claimant representatives. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hudson and Mohawk Rivers National
Historical Park Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) Hudson-mohawk area.--The term ``Hudson-Mohawk Area''
means the area made up of the cities of Troy, Cohoes, and
Watervliet, the towns of Waterford and Colonie, and the
villages of Waterford and Green Island in the State of New
York.
(2) Park.--The term ``park'' means the Hudson and Mohawk
Rivers National Historical Park established pursuant to section
4(c).
(3) Sites.--The term ``sites'' means the Harmony Mills
National Historic Site and the Kate Mullaney National Historic
Site established by sections 4 (a) and (b), respectively.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The area of the confluence of the Hudson and Mohawk
Rivers in the State of New York experienced rapid growth and
transformation from an agrarian to an industrial area in the
early 19th century because of its geographic location, water
power, and human creative genius. It has been called the
``Birthplace of America's Industrial Revolution''.
(2) The cities and villages in the 19th century that make
up the Hudson and Mohawk area were commercial and industrial
communities that linked New England's markets with other
northeastern cities and Europe, spawned the collar industry,
the thriving iron and textile industries, and a diversified
economy.
(3) The transition from an agrarian to industrial society
within this area produced dramatically different relationships
between workers and employers and historically significant
examples of the Americanization of immigrant workers.
(4) The city of Troy was a leader nationally in the
development of trade unions with the Troy union of iron molders
being at one time the largest local in America and the Trojan
laundry workers organizing the first female union in the
Nation.
(5) Across the Hudson River from Troy in the city of
Cohoes, the Harmony Mills complex, America's largest complete
cotton mill in its time, made Cohoes a significant example of
the company town pervading almost every aspect of the life of
the mill workers.
(6) As a result of the enactment of Public Law 102-101
calling for a national labor theme study, the Harmony Mills
complex and the Kate Mullaney house, home of the organizer of
the first female union in the Nation, were nominated for
National Historic Landmark status.
(7) This area exists today as a reservoir of historic and
cultural lands, waterways, and structures revealing the wide
diversity of individual and social endeavor associated with the
life of the American worker that created a productive urban
industrial society.
(8) Collectively, the resources of this area provide
opportunities for illustrating and interpreting cultural themes
of the heritage of the United States and unique opportunities
for education, public use and enjoyment.
(9) The seven cities, towns, and villages making up this
Hudson-Mohawk area have entered into a cooperative arrangement
to manage their valuable cultural resources, and the area has
been designated by the State of New York to be one of 14 urban
cultural parks to represent industrial development and labor
themes in the State's development.
(10) This area, known as the Hudson-Mohawk Urban Cultural
Park or RiverSpark, has been a pioneer in the development of
``partnership parks'' where intergovernmental and public and
private partnerships bring about the conservation of its
heritage and the attainment of goals for preservation,
education, recreation, and economic development.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and interpret for the benefit, inspiration,
and education of the people of the United States significant
places illustrative and representative of the legacy of the
Hudson-Mohawk area workers;
(2) to help maintain the integrity of setting in the
Hudson-Mohawk area that reveals significant chapters in the
story of the American worker;
(3) through cooperative management, to coordinate the
interpretive, preservation, and recreational efforts of
Federal, State, and regional entities in the Hudson-Mohawk area
in order to enhance opportunities for education, public use,
and enjoyment; and
(4) to broaden public understanding of the Hudson-Mohawk
area and its role in American prehistory, history, and culture.
SEC. 4. ESTABLISHMENT OF SITES AND PARK.
(a) Harmony Mills National Historic Site.--There is established, as
a unit of the National Park System, the Harmony Mills National Historic
Site consisting of a portion of the Harmony Mills complex as depicted
on the map entitled ``________'' and dated ________.
(b) Kate Mullaney House National Historic Site.--There is
established, as a unit of the National Park System, the Kate Mullaney
National Historic Site consisting of the home of Kate Mullaney located
at 350-8th Street, City of Troy, State of New York and as generally
depicted on the map entitled ``________'' and dated ________.
(c) Hudson and Mohawk Rivers National Historical Park.--
(1) Establishment.--At such time as the Secretary
determines that sufficient lands, improvements, and interests
in lands and improvements have been acquired, or at such time
as the Secretary has entered into cooperative agreements
satisfying the interpretive, preservation, and historical
objectives of this Act, the Secretary may establish the Hudson
and Mohawk Rivers National Historical Park in the State of New
York by publication in the Federal Register of notice of the
establishment and a detailed description or map setting forth
the lands and improvements included in the park.
(2) Included lands.--The park shall consist of the sites
established by subsections (a) and (b).
(3) Maps.--The maps referred to in this section shall be on
file and available for public inspection in appropriate offices
of the National Park Service, Department of the Interior.
SEC. 5. ACQUISITION OF REAL AND PERSONAL PROPERTY AND SERVICES.
(a) Real Property.--The Secretary may acquire the sites and such
lands and improvements as are necessary for the management and
operation of the sites.
(b) Personal Property.--For the purposes of the Park, the Secretary
may acquire historic objects and artifacts and other personal property
associated with and appropriate for the interpretation of the Park.
(c) Other Property, Funds, and Services.--For the purpose of
carrying out this Act, the Secretary may accept donated funds,
property, and services and enter into cooperative agreements with the
Office of Parks, Recreation and Historic Preservation of the State of
New York, the Department of Environmental Conservation of the State of
New York, and other appropriate State, county, and local entities and
individuals, including the Hudson-Mohawk Urban Cultural Park
Commission, the Hudson-Mohawk Industrial Gateway, the Hudson River
Valley Greenway Council, and other private museums and institutions.
SEC. 6. ADMINISTRATION OF PARK.
(a) In General.--The Secretary shall administer the park in
accordance with this Act and all laws generally applicable to national
historic sites, including the Acts entitled ``An Act to establish a
National Park Service, and for other purposes'', approved August 25,
1916 (16 U.S.C. 1 et seq.), and ``An Act to provide for the
preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes'',
approved August 21, 1935 (16 U.S.C. 461 et seq.).
(b) Preservation and Interpretation.--In administering the park,
the Secretary shall preserve and interpret the site and preserve and
perpetuate knowledge and understanding of the park's natural and
cultural resources.
(c) In General.--
(1) Cooperative agreements.--To further the purposes of
this Act, the Secretary may consult with and enter into
cooperative agreements with the State of New York and other
public and private entities. Each agreement shall facilitate
the development, presentation, and funding of exhibits and
programs and other appropriate activities related to the
preservation, development, and use of the park, and encourage
an appreciation of the story and traditions inspired by the
workers of the Hudson-Mohawk area.
(2) Technical assistance.--Through agreements, the
Secretary may provide technical assistance to cooperating
entities described in paragraph (1) for the marking,
interpretation, restoration, preservation, or interpretation of
any property listed in section 4.
(3) Interpretation agreements.--The Secretary may enter
into additional cooperative agreements to plan and coordinate
the interpretation of the cultural and natural history of the
Hudson River Valley region, which provides the context for
relating the story of the workers of the Hudson-Mohawk area.
(d) General Management Plan.--
(1) In general.--Not later than the end of the second
fiscal year that begins after the establishment of the park,
the Secretary shall submit to the Committee or Energy and
Natural Resources of the Senate and the Committee on Resources
of the House of Representatives a general management plan for
the sites and the park.
(2) Consultation.--In preparing the plan, the Secretary,
acting through the Director of the National Park Service, shall
consult with advisors (including representatives of cooperating
entities described in subsection (c), representatives of local
and municipal interests, nationally recognized historians,
scholars, and other experts) concerning the interpretation,
preservation, and visitations of, and other issues pertaining
to the Park and other sites of related historical or scenic
significance in the Hudson-Mohawk Rivers area.
(3) Statutory authorities.--The plan shall be prepared in
accordance with this subsection and section 12(b) of the Act
entitled ``An Act to improve the administration of the national
park system by the Secretary of the Interior, and to clarify
the authorities applicable to the system, and for other
purposes'', approved August 18, 1970 (16 U.S.C. 1a-7), and
other applicable law.
(4) Contents.--The plan shall include--
(A) recommendations and cost estimates for the
identification, marking, interpretation, and
preservation of properties associated with the workers
of the Hudson-Mohawk Rivers area to be carried out
through cooperative agreements and other means
considered appropriate and practicable;
(B) recommendations on ways to broaden public
understanding of the Hudson and its role in American
prehistory, history, and culture; and
(C) recommendations on ways to foster relevant
public education, resources preservation, and
appropriate levels of regional tourism.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Hudson and Mohawk Rivers National Historical Park Act - Establishes, as a unit of the National Park System, in New York State: (1) the Harmony Mills National Historic Site; and (2) the Kate Mullaney House National Historic Site.
Authorizes the Secretary of the Interior to establish the Hudson and Mohawk Rivers National Historical Park in New York State, subject to specified requirements.
Sets forth provisions regarding: (1) the Secretary's acquisition of real and personal property and acceptance of donated funds, property, and services in connection with the Sites and Park; and (2) Park administration, including preservation and interpretation, cooperative and interpretation agreements, technical assistance, and the contents and submission to specified congressional committees of a general management plan for the Sites and the Park.
Authorizes appropriations. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Relief Act of 2003''.
SEC. 2. REDUCTION OF ESTATE TAX RATES.
(a) In General.--Section 2001 of the Internal Revenue Code of 1986
(relating to estate tax) is amended by striking subsections (b) and (c)
and by inserting after subsection (a) the following new subsections:
``(b) Computation of Tax.--The tax imposed by this section shall be
applicable percentage of the amount equal to the excess (if any) of--
``(1) the sum of--
``(A) the amount of the taxable estate, and
``(B) the amount of the adjusted taxable gifts,
over
``(2) the aggregate amount of tax paid under chapter 12
with respect to gifts made by the decedent after December 31,
1976.
For purposes of the preceding sentence, the term `applicable
percentage' means the highest rate of tax applicable under section 1
for a taxable year beginning in the calendar year in which the decedent
dies (or, for purposes of section 2502, the gift is made).
``(c) Adjusted Taxable Gifts.--For purposes of paragraph (1)(B),
the term `adjusted taxable gifts' means the total amount of the taxable
gifts (within the meaning of section 2503) made by the decedent after
December 31, 1976, other than gifts which are includible in the gross
estate of the decedent.''.
(b) Conforming Amendments.--
(1) Section 2010(c) of such Code is amended by striking
``the rate schedule set forth in section 2001(c)'' and
inserting ``section 2001''.
(2) Subsection (b) of section 2101 of such Code is amended
to read as follows:
``(b) Computation of Tax.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(1) a tax computed under section 2001 on the sum of--
``(A) the amount of the taxable estate, and
``(B) the amount of the adjusted taxable gifts,
over
``(2) the aggregate amount of tax paid under chapter 12
with respect to gifts made by the decedent after December 31,
1976.''.
(3) Section 2502 of such Code is amended to read as
follows:
``SEC. 2502. RATE OF TAX.
``(a) General Rule.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to--
``(1) the tax computed under section 2001 on the sum of the
taxable gifts for such calendar year, over
``(2) the tax computed under section 2001 on the sum of the
taxable gifts for each of the preceding calendar periods.
``(b) Tax To Be Paid by Donor.--The tax imposed by section 2501
shall be paid by the donor.''.
(4) Section 6601(j)(2)(A)(i) of such Code is amended by
striking ``the rate schedule set forth in section 2001(c)'' and
inserting ``section 2001''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act.
SEC. 3. UNIFIED CREDIT AGAINST ESTATE AND GIFT TAXES INCREASED TO
EXCLUSION EQUIVALENT OF $10,000,000; INFLATION ADJUSTMENT
OF CREDIT.
(a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (relating to applicable credit amount) is amended
to read as follows:
``(c) Applicable Credit Amount.--For purposes of this section, the
applicable credit amount is the amount of tax which would be determined
under section 2001 if the amount with respect to which such tax is to
be computed were the applicable exclusion amount. For purposes of the
preceding sentence, the applicable exclusion amount is $10,000,000.''.
(b) Inflation Adjustment.--
(1) In general.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting
after subsection (c) the following new subsection:
``(d) Inflation Adjustment.--In the case of any decedent dying,
and gift made, in a calendar year after 2003, the $10,000,000 amount
set forth in subsection (c) shall be increased by an amount equal to--
``(1) $10,000,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2002' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
(2) Conforming amendment.--Section 6018(a)(1) of such Code
is amended by striking ``section 2010(c)'' and inserting
``section 2010''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act.
SEC. 4. REPEAL OF ESTATE TAX BENEFIT FOR FAMILY-OWNED BUSINESS
INTERESTS.
(a) In General.--Section 2057 of the Internal Revenue Code of 1986
(relating to family-owned business interests) is hereby repealed.
(b) Conforming Amendments.--
(1) Paragraph (10) of section 2031(c) of such Code is
amended by inserting ``(as in effect on the day before the date
of the enactment of the Estate Tax Relief Act of 2001)'' before
the period.
(2) The table of sections for part IV of subchapter A of
chapter 11 of such Code is amended by striking the item
relating to section 2057.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act. | Estate Tax Relief Act of 2003 - Amends the Internal Revenue Code to: (1) reduce the estate and gift tax rate; (2) increase the unified credit exclusion to $10 million; and (3) repeal the estate tax benefit for family-owned business interests provisions. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Port Operations Require Tough
Scrutiny (PORTS) Act of 2006''.
SEC. 2. COMMENCEMENT OF INVESTIGATIONS.
(a) Discretionary Investigations.--Section 721(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2170(a)) is amended--
(1) in the second sentence, by striking ``30 days'' and
inserting ``60 days'';
(2) by inserting after the second sentence the following
new sentence: ``The 60-day period specified in the preceding
sentence may be extended by an additional 10 days if the
President or the President's designee determines that it is
appropriate to do so.''; and
(3) in the fourth sentence (as so redesignated), by
striking ``such determination'' and inserting ``a determination
is made under this subsection that an investigation should be
undertaken''.
(b) Mandatory Investigations.--Section 721(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2170(b)) is amended--
(1) in paragraph (1), by striking ``30 days'' and inserting
``60 days''; and
(2) by adding at the end the following new sentence:
``The 60-day period specified in paragraph (1) may be extended by an
additional 10 days if the President or the President's designee
determines that it is appropriate to do so.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
apply with respect to written notifications of proposed or pending
mergers, acquisitions, or takeovers received pursuant to section 721 of
the Defense Production Act of 1950 (50 U.S.C. App. 2170) on or after
the date of the enactment of this Act.
SEC. 3. ADDITIONAL MANDATORY INVESTIGATIONS.
(a) Amendments.--Section 721(b) of the Defense Production Act of
1950 (50 U.S.C. App. 2170(b)), as amended by section 2(b) of this Act,
is further amended--
(1) in the first sentence--
(A) by striking ``The President or the President's
designee'' and inserting the following new paragraph:
``(1) In general.--The President or the President's
designee'';
(B) by striking ``in which an entity'' and
inserting ``in which--
``(A) an entity'';
(C) by striking ``which could result in control''
and inserting ``which could result in--
``(i) control'';
(D) by striking the period at the end and inserting
``; or
``(ii) control of a person engaged
in interstate commerce in the United
States that could affect the critical
infrastructure of the United States;
or''; and
(E) by adding at the end the following new
subparagraph:
``(B) a foreign person seeks to engage in any
merger, acquisition, or takeover which could result in
foreign control of persons engaged in interstate
commerce in the United States that could affect the
critical infrastructure of the United States.'';
(2) in the second sentence--
(A) by striking ``Such investigation'' and
inserting the following new paragraph:
``(2) Requirements relating to commencement and
completion.--
``(A) In general.--An investigation described in
paragraph (1)''; and
(B) by redesignating paragraphs (1) and (2) as
clauses (i) and (ii), respectively, and moving the
margins of clauses (i) and (ii) (as so redesignated) 4
ems to the right;
(3) in the third sentence (as added by section 2(b)(2) of
this Act), by striking ``The 60-day period specified in
paragraph (1)'' and inserting the following new subparagraph:
``(B) Extension of commencement.--The 60-day period
specified in clause (i)''; and
(4) by adding at the end the following new paragraph:
``(3) Definition.--In this subsection, the term `critical
infrastructure'--
``(A) has the meaning given the term in section
2(4) of the Homeland Security Act of 2002 (6 U.S.C.
101(4)); and
``(B) includes seaports in the United States.''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to written notifications of proposed or pending mergers,
acquisitions, or takeovers received pursuant to section 721 of the
Defense Production Act of 1950 (50 U.S.C. App. 2170) on or after the
date of the enactment of this Act.
SEC. 4. REPORT; ACTION WITH RESPECT TO CERTAIN MANDATORY
INVESTIGATIONS.
(a) Amendments.--Section 721 of the Defense Production Act of 1950
(50 U.S.C. App. 2170) is amended--
(1) by redesignating subsections (g) through (k) as
subsections (h) through (l), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Report; Action With Respect to Certain Mandatory
Investigations.--
``(1) Report.--If the determination of the President or the
President's designee pursuant to an investigation described in
subsection (b)(1)(A)(ii) of this section is that the President
or the President's designee, as the case may be, approves or
does not otherwise object to the merger, acquisition, or
takeover which is the subject of the investigation and the
President decides not to take action pursuant to subsection (d)
of this section with respect to the merger, acquisition, or
takeover, as the case may be, then the President shall, not
later than 30 days after the date on which the investigation is
completed, transmit to the Congress a report that contains the
decision of the President not to take action pursuant to
subsection (d) of this section with respect to the merger,
acquisition, or takeover, as the case may be.
``(2) Action pursuant to joint resolution.--If, not later
than 45 days after the date on which the Congress receives the
report referred to in paragraph (1), a joint resolution
described in paragraph (3) is enacted into law, then the
President shall take such action under subsection (d) of this
section as is necessary to prohibit the merger, acquisition, or
takeover which is the subject of the investigation, including,
if the merger, acquisition, or takeover, as the case may be,
has been completed, directing the Attorney General to seek
divestment or other appropriate relief in the district courts
of the United States.
``(3) Joint resolution described.--For purposes of
paragraph (2), the term `joint resolution' means a joint
resolution of the Congress, the sole matter after the resolving
clause of which is as follows: `That the Congress disapproves
the decision of the President contained in the report
transmitted to the Congress pursuant to section 721(g)(1) of
the Defense Production Act of 1950 on _________.', with the
blank space being filled with the appropriate date.
``(4) Computation of review period.--In computing the 45-
day period referred to in paragraph (2), there shall be
excluded any day described in section 154(b) of the Trade Act
of 1974 (19 U.S.C. 2194(b)).''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to investigations commenced under section 721(b)(1)(A)(ii)
of the Defense Production Act of 1950 (as added by section 3(a)(1)(D)
of this Act) on or after the date of the enactment of this Act.
SEC. 5. ANNUAL REPORT.
(a) Amendments.--Subsection (h) of section 721 of the Defense
Production Act of 1950 (50 U.S.C. App. 2170(g)), as redesignated by
section 2(a)(1) of this Act, is amended--
(1) in the heading, by striking ``Report'' and inserting
``Reports'';
(2) by striking ``The President'' and inserting the
following:
``(1) Report on presidential action.--The President''; and
(3) by adding at the end the following new paragraph:
``(2) Annual report.--
``(A) In general.--The President or the President's
designee shall transmit to the appropriate
congressional committees an annual report that
contains--
``(i) a description of each written
notification of a proposed or pending merger,
acquisition, or takeover received pursuant to
this section during the preceding year,
including, with respect to each such written
notification involving a merger, acquisition,
or takeover described in subsection
(b)(1)(A)(ii), an analysis of the corporate
structure of the entity controlled by or acting
on behalf of a foreign government, including
whether or not the entity is a publicly-traded
corporation, and an identification of the
majority shareholder or shareholders; and
``(ii) a description of the determination
to undertake or not undertake an investigation
of the merger, acquisition, or takeover
referred to in clause (i) and the reasons
therefor.
``(B) Definition.--In this paragraph, the term
`appropriate congressional committees' means--
``(i) the Committee on Homeland Security
and the Permanent Select Committee on
Intelligence of the House of Representatives;
and
``(ii) the Committee on Homeland Security
and Governmental Affairs and the Select
Committee on Intelligence of the Senate.''.
(b) Effective Date.--The report required to be transmitted to
Congress under section 721(h)(2) of the Defense Production Act of 1950
(as added by subsection (a) of this section) shall be transmitted
beginning in 2007 and each subsequent calendar year.
SEC. 6. TECHNICAL AMENDMENTS.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170), as amended by this Act, is further amended--
(1) in subsection (d), by striking ``Subject to subsection
(d)'' and inserting ``Subject to subsection (e)'';
(2) in subsection (e), by striking ``the authority
conferred by subsection (c)'' and inserting ``the authority
conferred by subsection (d)''; and
(3) in subsection (h)(1) (as redesignated by section
2(a)(1) and further amended by section 3(a)(2) of this Act), by
striking ``subsection (c) of this Act'' and inserting
``subsection (c) of this section''.
SEC. 7. VERIFICATION OF SECURITY MEASURES UNDER THE CUSTOMS-TRADE
PARTNERSHIP AGAINST TERRORISM (C-TPAT) PROGRAM AND THE
FREE AND SECURE TRADE (FAST) PROGRAM.
(a) General Verification.--Not later than one year after the date
of the enactment of this Act, and on a biannual basis thereafter, the
Commissioner of the Bureau of Customs and Border Protection of the
Department of Homeland Security shall verify on-site the security
measures of each individual and entity that is participating in the
Customs-Trade Partnership Against Terrorism (C-TPAT) program and the
Free And Secure Trade (FAST) program.
(b) Policies for Noncompliance With C-TPAT Program Requirements.--
The Commissioner shall establish policies for non-compliance with the
requirements of the C-TPAT program by individuals and entities
participating in the program, including probation or expulsion from the
program, as appropriate. | Port Operations Require Tough Scrutiny (PORTS) Act of 2006 - Amends the Defense Production Act of 1950 relating to investigations of proposed corporate mergers, acquisitions, or takeovers (transactions) in the United States by a foreign interest which could affect U.S. national security to: (1) extend from 30 to 60 days after notification of the proposed transaction the period in which such investigation must be commenced by the President, if it is determined that there should be an investigation; and (2) allow an extension of such deadline by up to ten additional days if determined appropriate.
Requires the investigation of a transaction which could result in foreign control of a person engaged in interstate commerce in the United States that could affect U.S. critical infrastructure.
States with respect to certain mandatory investigations that if the President determines that the transaction should be approved or does not otherwise object to the transaction and the President does not suspend or prohibit such transaction, then the President, within 30 days after such decision, shall notify Congress of the decision. Allows Congress 45 days after such notification to enact into law a joint resolution disapproving the decision of the President and requiring the President to prohibit the proposed transaction, or, if the transaction has been completed, directing the Attorney General to seek divestment.
Requires annual reports from the President to the congressional homeland security and intelligence committees on actions taken with regard to such investigations.
Directs the Commissioner of the Bureau of Customs and Border Protection of the Department of Homeland Security (DHS) to: (1) verify on-site the security measures of each individual and entity participating in the Customs-Trade Partnership Against Terrorism (C-TPAT) program and the Free And Secure Trade (FAST) program; and (2) establish policies for non-compliance with requirements of the C-TPAT program, including probation and expulsion. | billsum_train |
Provide a summary of the following text: SECTION 1. TREATMENT OF AFFILIATE TRANSACTIONS.
(a) Commodity Exchange Act Amendments.--Section 1a(47) of the
Commodity Exchange Act (7 U.S.C. 1a(47)), as added by section
721(a)(21) of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, is amended by adding at the end the following:
``(G) Treatment of affiliate transactions.--
``(i) In general.--For the purposes of any
clearing and execution requirements under
section 2(h) and any applicable margin and
capital requirements of section 4s(e) and for
purposes of defining `swap dealer' or `major
swap participant', and reporting requirements
other than those set forth in clause (ii), the
term `swap' does not include any agreement,
contract, or transaction that--
``(I) would otherwise be included
as a `swap' under subparagraph (A); and
``(II) is entered into by parties
that report information or prepare
financial statements on a consolidated
basis, or for which a company
affiliated with both parties reports
information or prepares financial
statements on a consolidated basis.
``(ii) Reporting.--All agreements,
contracts, or transactions described in clause
(i) shall be reported to either a swap data
repository, or, if there is no swap data
repository that would accept such agreements,
contracts, or transactions, to the Commission
pursuant to section 4r, or to a swap data
repository or to the Commission pursuant to
section 2(h)(5), within such time period as the
Commission may by rule or regulation prescribe.
Nothing in this subparagraph shall prohibit the
Commission from establishing public reporting
requirements for covered transactions between
affiliates as described in sections 23A and 23B
of the Federal Reserve Act in a manner
consistent with rules governing the treatment
of such covered transactions pursuant to
section 2(a)(13) of this Act.
``(iii) Protection of insurance funds.--
Nothing in this subparagraph shall be construed
to prevent the regulator of a Federal or State
insurance fund or guaranty fund from exercising
its other existing authority to protect the
integrity of such a fund, except that such
regulator shall not subject agreements,
contracts, or transactions described in clause
(i) to clearing and execution requirements
under section 2 of this Act, to any applicable
margin and capital requirements of section
4s(e) of this Act, or to reporting requirements
of title VII of Public Law 111-203 other than
those set forth in clause (ii) of this
subparagraph.
``(iv) Preservation of federal reserve act
authority.--Nothing in this subparagraph shall
exempt a transaction described in this
subparagraph from sections 23A or 23B of the
Federal Reserve Act or implementing regulations
thereunder.
``(v) Preservation of federal and state
regulatory authorities.--Nothing in this
subparagraph shall affect the Federal banking
agencies' safety-and-soundness authorities over
banks established in law other than title VII
of Public Law 111-203 or the authorities of
State insurance regulators over insurers,
including the authority to impose capital
requirements with regard to swaps. For purposes
of this clause, the term `bank' shall be
defined pursuant to section 3(a)(6) of the
Securities Exchange Act of 1934, `insurer'
shall be defined pursuant to title V of Public
Law 111-203, and `swap' shall be defined
pursuant to title VII of Public Law 111-203.
``(vi) Prevention of evasion.--The
Commission may prescribe rules under this
subparagraph (and issue interpretations of such
rules) as determined by the Commission to be
necessary to include in the definition of swaps
under this paragraph any agreement, contract,
or transaction that has been structured to
evade the requirements of this Act applicable
to swaps.''.
(b) Securities Exchange Act of 1934 Amendments.--Section 3(a)(68)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68)), as added
by section 761(a)(6) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, is amended by adding at the end the following:
``(F) Treatment of affiliate transactions.--
``(i) In general.--For the purposes of any
clearing and execution requirements under
section 3C and any applicable margin and
capital requirements of section 15F(e), and for
purposes of defining `security-based swap
dealer' or a `major security-based swap
participant', and reporting requirements other
than those set forth in clause (ii), the term
`security-based swap' does not include any
agreement, contract, or transaction that--
``(I) would otherwise be included
as a `security-based swap' under
subparagraph (A); and
``(II) is entered into by parties
that report information or prepare
financial statements on a consolidated
basis, or for which a company
affiliated with both parties reports
information or prepares financial
statements on a consolidated basis.
``(ii) Reporting.--All agreements,
contracts, or transactions described in clause
(i) shall be reported to either a security-
based swap data repository, or, if there is no
security-based swap data repository that would
accept such agreements, contracts, or
transactions, to the Commission pursuant to
section 13A, within such time period as the
Commission may by rule or regulation prescribe.
``(iii) Preservation of federal reserve act
authority.--Nothing in this subparagraph shall
exempt a transaction described in this
subparagraph from sections 23A or 23B of the
Federal Reserve Act or implementing regulations
thereunder.
``(iv) Protection of insurance funds.--
Nothing in this subparagraph shall be construed
to prevent the regulator of a Federal or State
insurance fund or guaranty fund from exercising
its other existing authority to protect the
integrity of such a fund, except that such
regulator shall not subject security-based swap
transactions between affiliated companies to
clearing and execution requirements under
section 3C, to any applicable margin and
capital requirements of section 15F(e), or to
reporting requirements of title VII of Public
Law 111-203 other than those set forth in
clause (ii).
``(v) Preservation of federal and state
regulatory authorities.--Nothing in this
subparagraph shall affect the Federal banking
agencies' safety-and-soundness authorities over
banks established in law other than title VII
of Public Law 111-203 or the authorities of
State insurance regulators over insurers,
including the authority to impose capital
requirements with regard to security-based
swaps. For purposes of this clause, the term
`bank' shall be defined pursuant to section
3(a)(6) of the Securities Exchange Act of 1934,
`insurer' shall be defined pursuant to title V
of Public Law 111-203, and `security-based
swap' shall be defined pursuant to title VII of
Public Law 111-203.
``(vi) Prevention of evasion.--The
Commission may prescribe rules under this
subparagraph (and issue interpretations of such
rules) as determined by the Commission to be
necessary to include in the definition of
security-based swap under this paragraph any
agreement, contract, or transaction that has
been structured to evade the requirements of
this Act applicable to security-based swaps.''.
SEC. 2. IMPLEMENTATION.
The amendments made by this Act to the Commodity Exchange Act shall
be implemented--
(1) without regard to--
(A) chapter 35 of title 44, United States Code; and
(B) the notice and comment provisions of section
553 of title 5, United States Code;
(2) through the promulgation of an interim final rule,
pursuant to which public comment will be sought before a final
rule is issued, and
(3) such that paragraph (1) shall apply solely to changes
to rules and regulations, or proposed rules and regulations,
that are limited to and directly a consequence of such
amendments.
Passed the House of Representatives March 26, 2012.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 1) Amends the Commodity Exchange Act (CEA), as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), to exclude from the meaning of the term "swap," for purposes of clearing and execution requirements, capital and margin requirements, and for purposes of defining a swap dealer or major swap participant, any agreement, contract, or transaction that: (1) would otherwise be included as a "swap"; and (2) is entered into by parties that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis.
Requires that such exempted agreements, contracts, or transactions be reported to either a swap data repository, or, if no such repository would accept them, to the Commodity Futures Trading Commission (CFTC) within the time period prescribed by the CFTC.
Retains federal or state regulatory authority to protect the integrity of an insurance fund or guaranty fund. Prohibits the regulator of such a fund, however, from subjecting agreements, contracts, or transactions between affiliated companies to specified clearing, capital and margin requirements, or reporting requirements of the Wall Street Transparency and Accountability Act of 2010 (WSTAA) (title VII of Dodd-Frank).
States that such transactions, however, are not exempt from regulation under the Federal Reserve Act (FRA) with respect to transactions among banking affiliates.
Preserves the safety-and-soundness authorities of the federal banking agencies, other than the authorities set forth in WSTAA.
Authorizes the CFTC to prescribe rules that include in the definition of swaps any agreement, contract, or transaction that has been structured to evade CEA requirements applicable to swaps.
Amends the Securities Exchange Act of 1934 (SEA), as amended by Dodd-Frank, to exclude from the meaning of the term "security-based swap," for purposes of clearing and execution requirements, capital and margin requirements, and for purposes of defining a security-based swap dealer or major security-based swap participant, any agreement, contract, or transaction that: (1) would otherwise be included as a "security-based swap"; and (2) is entered into by parties that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis.
Requires that such exempted agreements, contracts, or transactions be reported to either a security-based swap data repository, or, if no such repository would accept them, to the Securities and Exchange Commission (SEC) within the time period prescribed by the SEC.
States that such transactions, however, are not exempt from regulation under the FRA with respect to transactions among banking affiliates.
Retains federal or state regulatory authority to protect the integrity of an insurance fund or guaranty fund. Prohibits the regulator of such a fund, however, from subjecting security-based swap transactions between affiliated companies to specified clearing and execution requirements, capital and margin requirements, or reporting requirements of the WSTAA.
Preserves the safety-and-soundness authorities of the federal banking agencies or state insurance regulators to impose capital requirements with regard to security-based swaps, other than the authorities set forth in WSTAA.
Authorizes the SEC to prescribe rules that include in the definition of security-based swaps any agreement, contract, or transaction that has been structured to evade SEA requirements applicable to security-based swaps.
(Sec. 2) Requires that the amendments to CEA made by this Act be implemented: (1) without regard to federal information policy requirements or the notice and comment requirements of federal administrative procedure; and (2) through promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued.
Limits the disregard of such federal information policy and notice and comment requirements solely to changes to rules and regulations, or proposed rule and regulations, that are limited to, and directly a consequence of, the amendments to CEA made by this Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Medicare
Coverage Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medicare requires beneficiaries to be hospitalized for
medically necessary inpatient hospital care for at least three
consecutive days before covering post-hospital care in a
skilled nursing facility under section 1861(i) of the Social
Security Act (42 U.S.C. 1395x(i)).
(2) Often patients remain under ``observation status'' in
the hospital for several days and these observation days are
not counted toward the 3-day stay requirement because they are
considered outpatient days.
(3) Hospitals' use of observation stays has increased
sharply since 2006. According to the March 2014 report of the
Medicare Payment Advisory Commission, outpatient visits, many
of which are observation stays, increased 28.5 percent between
2006 and 2012, with a simultaneous 12.6 percent decrease in
inpatient stays over this same six-year time period. A study
published in Health Affairs found a 34-percent increase in the
ratio of observation stays to inpatient admissions between 2007
and 2009, leading the researchers to conclude that outpatient
observation status was becoming a substitute for inpatient
admission. The same study also documented increases in long-
stay outpatient status, including an 88-percent increase in
observation stays exceeding 72 hours.
(4) To health care providers, care provided during
observation is indistinguishable from the care provided to
inpatients and all medically necessary care is provided,
regardless of patient status. Beneficiaries are generally not
informed of their inpatient or outpatient status and assume
that they are inpatients when they are placed in a hospital
bed, only to find out that such care was not counted for
purposes of satisfying eligibility requirements for medically
prescribed Medicare coverage of post-hospital care in a skilled
nursing facility.
(5) Older Americans and people with disabilities who are
hospitalized but do not meet the 3-day inpatient hospital stay
requirement simply because they were placed in ``outpatient
observation status'' for some or all of their hospital stay
(even when their total actual stay exceeds three days in the
hospital) can face a significant and unexpected financial
burden, which can amount to thousands of dollars, for skilled
nursing facility care. Among beneficiaries who received care in
a skilled nursing facility that Medicare did not cover, the
average out-of-pocket charges were more than $10,000, according
to the Office of Inspector General of the Department of Health
and Human Services.
(6) The Centers for Medicare & Medicaid Services (CMS)
attempted to provide hospitals with clarity on which patients
should be categorized as inpatients in the inpatient hospital
payment rule for fiscal year 2014. However, this rule fails
Medicare beneficiaries because it does not address the problem
and explicitly states that days spent in observation status do
not count for purposes of satisfying the 3-day inpatient stay
requirement.
(7) Because of CMS' policy which indicates days under
observation do not count towards the 3-day inpatient stay
requirement, some patients under observation and their families
will continue to face a significant, often insurmountable
financial burden if they need skilled nursing care after their
hospital stay.
(8) This Act updates Medicare policy by deeming patients
under observation as inpatients for the purposes of satisfying
the Medicare 3-day inpatient stay requirement. This Act does
not repeal the 3-day inpatient stay requirement; rather it
simply expands the Secretary's administrative definition of
``inpatient'' for purposes of the 3-day stay requirement to
include time spent under observation. As such, it is not a
reprise of the Medicare Catastrophic Coverage Act of 1988,
which repealed the 3-day requirement. This Act simply restores
the original objective of the 3-day rule, which was to ensure
Medicare coverage of skilled nursing facility stays following
hospital care for patients who stayed in the hospital for 3
days.
(9) It is the intent of this Congress, through this Act, to
allow access to skilled nursing care for the population of
beneficiaries who meet medical necessity requirements for such
care, but who do not satisfy the 3-day inpatient stay
requirement simply because some or all of their time in the
acute care hospital is characterized as ``outpatient
observation status'' for billing purposes.
(10) It is the understanding of Congress that the Secretary
of Health and Human Services will monitor patterns of behavior
to ensure that providers deliver appropriate and needed levels
of care.
(11) The Office of the Inspector General of the Department
of Health and Human Services is supportive of counting hospital
observation days towards the 3-day inpatient stay requirement.
In addition, in September 2013, the Congressionally established
Commission on Long-Term Care recommended that CMS' count time
spent in observation status toward meeting Medicare's 3-day
stay requirement. In addition, in a December 2016 report, the
Office of the Inspector General of the Department of Health and
Human Services found that an increased number of Medicare
beneficiaries classified as outpatients are paying more for
care that is substantively similar, and have limited access to
skilled nursing facility care due to their patient status.
SEC. 3. COUNTING A PERIOD OF RECEIPT OF OUTPATIENT OBSERVATION SERVICES
IN A HOSPITAL TOWARD THE 3-DAY INPATIENT HOSPITAL STAY
REQUIREMENT FOR COVERAGE OF SKILLED NURSING FACILITY
SERVICES UNDER MEDICARE.
(a) In General.--Section 1861(i) of the Social Security Act (42
U.S.C. 1395x(i)) is amended by adding at the end the following: ``For
purposes of this subsection, an individual receiving outpatient
observation services shall be deemed to be an inpatient during such
period, and the date such individual ceases receiving such services
shall be deemed the hospital discharge date (unless such individual is
admitted as a hospital inpatient at the end of such period).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to receipt of outpatient observation services beginning on or
after January 1, 2017, but applies to a period of post-hospital
extended care services that was completed before the date of the
enactment of this Act only if an administrative appeal is or has been
made with respect to such services not later than 90 days after the
date of the enactment of this Act. Notwithstanding any other provision
of law, the Secretary of Health and Human Services may implement such
amendment through an interim final regulation, program instruction, or
otherwise. | Improving Access to Medicare Coverage Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to deem an individual receiving outpatient observation services in a hospital to be an inpatient for purposes of satisfying the three-day inpatient hospital-stay requirement with respect to Medicare coverage of skilled nursing facility services. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Safety Education Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Nation's fire losses are estimated at 5,000 deaths
and 29,000 injuries annually, producing an economic loss
conservatively estimated at $10,000,000,000 a year plus more
than $1,000,000,000 a year in health care costs;
(2) sustained and targeted fire safety education at the
State and local levels, particularly in identifiable high-risk
populations, produces dramatic results in preventing fires,
fire deaths, and dollar loss from fire;
(3) in recent years, the Nation's fire departments have
seen their fire safety education budgets cut dramatically and,
in many cases, eliminated;
(4) there is a need to expand the availability of State and
local fire prevention programs and supporting resources and
materials to help State agencies and local fire departments in
carrying out effective public education;
(5) fire departments in other countries with fewer fire
deaths per capita than the United States spend an average of 4-
10 percent of their budgets on fire prevention, versus less
than 3 percent for United States departments; and
(6) only by accurately collecting and analyzing data on
fire deaths, injuries and dollar loss can the Nation's fire
departments pinpoint the populations and regions where they
most need to direct their educational efforts, thus leading to
a more efficient and effective use of resources.
SEC. 3. FIRE SAFETY EDUCATION.
(a) Awards.--The Administrator may enter into contracts,
cooperative agreements, or grants with eligible entities to obtain and
distribute at the State and local level fire safety and prevention
education programs and supporting educational resources.
(b) Distribution of Funds.--Of the amounts received by an entity
under subsection (a)--
(1) not more than 25 percent may be used for statewide fire
safety and prevention programs;
(2) not more than 25 percent may be used to implement new
regional or local fire safety and prevention programs targeting
high risk populations; and
(3) at least 50 percent shall be used for awards of not
more than $10,000 for existing regional or local fire safety
and prevention programs that have been demonstrated to be
effective in preventing fires, fire deaths and injuries, and
dollar losses from fire.
(c) Use of Funds.--Funds provided under subsection (a) may be used
to educate the public in all aspects of fire safety and prevention,
including--
(1) the effectiveness and appropriate use of fire
suppression and prevention equipment such as automatic
sprinklers, smoke detectors, and portable extinguishers;
(2) the organization and conduct of exit drills; and
(3) the safe use of products that could contribute to
accidental fires.
(d) Priority of Existing Materials.--Fire safety education programs
funded under this Act shall give priority to the use of public
education materials that have already been developed, if such materials
meet the demands of the program being funded.
SEC. 4. DATA COLLECTION.
The Administrator may enter into contracts, cooperative agreements,
or grants with States for the purpose of implementing the revised
National Fire Incident Reporting System, established under section 9 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208),
to improve and enhance the collection and analysis of fire data at the
State and local levels.
SEC. 5. APPLICATIONS.
Each eligible entity desiring a contract, cooperative agreement, or
grant under this Act shall submit an application to the Administrator
at such time, in such manner, and accompanied by such information as
the Administrator may reasonably require.
SEC. 6. REPORTS AND EVALUATION.
(a) Annual Report to Administrator.--An entity receiving funds
under section 3 shall prepare and submit to the Administrator an annual
report which contains such information as the Administrator may
require. At a minimum, the report shall describe the program activities
undertaken with such funds, including--
(1) any program that has been developed directly or
indirectly by the entity, and the target population of such
program;
(2) support materials that have been obtained and the
method by which such materials are distributed; and
(3) any initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support for
the development and distribution of programs and material in
furtherance of this Act.
(b) Report to Congress.--The Administrator shall prepare and submit
to the Congress an annual report which includes a description of the
programs undertaken and materials developed and distributed by entities
receiving funds under section 3.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Fire Safety Education.--For the purposes of carrying out
section 3 of this Act, there are authorized to be appropriated
$10,000,000 for each of the fiscal years 1997 and 1998, of which no
more than $500,000 may be spent in any fiscal year on administrative
costs.
(b) Data Collection.--For the purposes of carrying out section 4 of
this Act, there are authorized to be appropriated $2,500,000 for fiscal
year 1996, of which no more than $300,000 shall be spent on
administrative costs.
SEC. 8. DEFINITIONS.
As used in this Act--
(1) the term ``Administrator'' means the Administrator of
the United States Fire Administration;
(2) the term ``eligible entity'' means the office of the
State fire marshal for a State or an equivalent State office
having primary responsibility for fire safety and prevention in
the State;
(3) the term ``fire safety and prevention education
programs'' includes publications, audiovisual presentations,
and demonstrations; and
(4) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other territory or
possession of the United States. | Fire Safety Education Act - Authorizes the Administrator of the United States Fire Administration to enter into contracts, cooperative agreements, or grants with entities to obtain and distribute at the State and local level fire safety and prevention education programs and supporting educational resources. Authorizes funds provided to be used to educate the public in all aspects of fire safety and prevention. Requires funded programs to give priority to appropriate public education materials that have already been developed.
Authorizes the Administrator to enter into contracts, cooperative agreements, or grants with States for the purpose of implementing the revised National Fire Incident Reporting System to improve the collection and analysis of fire data at the State and local levels.
Authorizes appropriations. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States China Policy Act of
1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economic, social, political, and cultural welfare
of the people of China, who constitute one-fifth of the world's
population, is a matter of global humanitarian concern.
(2) By virtue of its size, its economic vitality, its
status as a nuclear power, and its role as a permanent member
of the United Nations Security Council, China plays a
significant role in world affairs.
(3) The United States policy toward China involves
balancing multiple interests, including promoting human rights
and democracy, securing China's strategic cooperation in Asia
and the United Nations, protecting United States national
security interests, controlling the proliferation of weapons of
mass destruction, promoting a peaceful and democratic
transition in Hong Kong, and expanding United States economic
contact with China.
(4) United States policy toward China must include as a key
objective the promotion of internationally recognized human
rights. Specific priorities and methods should be appropriate
to the circumstances. Engagement with China rather than its
isolation is more likely to foster United States interests.
(5) The opening of China to the West, the adoption of free
market economic reforms, the emergence of a strong and
entrepreneurial economy that ensures the rise of a Chinese
middle class; all have led to expanded individual freedom, a
weakening of state control over personal expression, access to
the media in the United States, Hong Kong, and the West, and
major improvements in living standards for the Chinese people.
(6) United States policies that encourage economic
liberalization and increased contact with the United States and
other democracies foster respect for internationally recognized
human rights and can contribute to civil and political reform
in China.
(7) The President's policy statement of May 26, 1994,
provides a sound framework for expanding and extending the
relationship of the United States with China while continuing
the commitment of the United States to its historic values. The
United States must develop a comprehensive and coherent policy
toward China that addresses the complex and fast-changing
reality in that country and promotes simultaneously the human
rights, diplomatic, economic, and security interests of the
United States toward China.
(8) The United States has an interest in a strong, stable,
prosperous, and open China whose government contributes to
international peace and security and whose actions are
consistent with the responsibilities of great power status.
Whether those expectations are met will determine the breadth,
depth, and tone of the United States-China bilateral
relationship.
(9) Peace and economic progress in East Asia is best
assured through a web of cooperative relations among the
countries of the region, including China and the United States.
The emergence of a militarily powerful China that seeks to
dominate East Asia would be regarded as a matter of serious
concern by the United States and by other countries in the
Asia-Pacific region.
(10) Yet China's performance has been uneven on a number of
issues of concern to the United States. In particular, the
Chinese Government has failed to observe internationally
recognized human rights. In this regard the Congress makes the
following declarations:
(A) The Chinese Government itself has made
commitments to observe universal human rights norms.
(B) Human rights have universal application and are
not solely defined by culture or history.
(C) Chinese policies of particular concern to the
United States are the criminalization of dissent, the
inhumane treatment in prisons, and the serious
repression in non-Han-Chinese areas like Tibet.
(11) Genuine political stability in China and greater
respect for internationally recognized human rights, as well as
continued economic growth and stability, will only occur in
China as a result of a strengthened legal system (based on the
rule of law and property rights), the emergence of a civil
society, and the creation of political institutions that are
responsive to public opinion and the interests of social
groups.
(12) China has entered a major transition in its political
history which will determine the nature of the domestic system,
including respect for internationally recognized human rights,
and the Chinese Government's foreign policy. The Chinese
Government should accelerate the process of reform of all
aspects of Chinese society.
(13) Existing official bilateral and multilateral
institutions provide useful venues for engagement with China
concerning the rule of law, civil society, respect for
internationally recognized human rights, and political
institutions that provide humane and effective governance.
(14) American nongovernmental and business organizations,
in their various forms of engagement in China, have contributed
in that country to the initial emergence of civil society, the
strengthening of the legal system, and the expansion of
economic autonomy.
SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF UNITED STATES POLICY.
Congress affirms the President's policy and makes the following
recommendations for the conduct of United States policy toward China:
(1) The United States should continue a steady and
comprehensive policy of pressing for increased Chinese
adherence to international norms, especially those concerning
internationally recognized human rights.
(2) Of particular concern to the United States are the
following:
(A) The accounting and release of political
prisoners.
(B) Access to Chinese prisoners by international
humanitarian organizations.
(C) Negotiations between the Chinese Government and
the Dalai Lama on Tibetan issues.
(3) The official dialogue with the Chinese Government on
human rights issues should continue and be intensified.
(4) As he considers appropriate, the President should use
other available modes of official interaction with China to
pursue initiatives that are relevant to promoting increased
respect for human rights in China.
(5) The United States should expand broadcasting to China,
through the Voice of America and Radio Free Asia.
(6) The United States should work through available
multilateral fora, such as the United Nations Human Rights
Commission, to express concerns about human rights in China and
to encourage Chinese adherence to, and compliance with,
international human rights instruments. At all appropriate
times, the United States should work toward and support joint
actions to address significant problems. In particular, the
United States should seek to secure the participation of other
governments in overtures to secure the accounting and release
of political prisoners, to encourage access to Chinese
prisoners by international humanitarian organizations and
negotiations between the Chinese Government and the Dalai Lama.
(7) Where possible, the United States should take further
steps to foster in China the rule of law, the creation of a
civic society, and the emergence of institutions that provide
humane and effective governance.
(8) To better carry out the recommendation in paragraph
(7), the Secretary of State should encourage United States
posts in China to increase reporting on the human rights
situation, the rule of law, civil society, and other political
developments in China, and to increase appropriate contacts
with domestic nongovernmental organizations.
(9) United States non-governmental organizations should
continue and expand activities that encourage the rule of law,
the emergence of a civic society, and the creation of
institutions that provide humane and effective governance.
(10) When considering the termination of the suspensions of
United States Government activities enacted in section 902(a)
of the Foreign Relations Authorization Act, Fiscal Years 1990
and 1991, the President should explore whether such
terminations could be used to elicit specific steps by the
Chinese government to enhance respect for internationally
recognized human rights or correct abuses of such rights.
SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUPPORTING HUMAN RIGHTS IN
CHINA.
(a) Statement of Policy.--Concerning the promotion of human rights
in China, it shall be the policy of the United States to promote the
following objectives:
(1) An effective legal system, based on the rule of law.
(2) Respect for internationally recognized human rights.
(3) The emergence of civil society.
(4) The creation of institutions that provide humane and
effective governance.
(b) Factors.--In determining how to carry out the objectives stated
in subsection (a), the President should consider the following factors:
(1) The circumstances under which it is appropriate to
provide support to organizations and individuals in China.
(2) The circumstances under which it is appropriate to
provide financial support, including through the following
means:
(A) Directly by the United States Government.
(B) Through United States nongovernmental
organizations which have established a sound record in
China.
(3) The extent to which the objectives of subsection (a)
should be promoted through exchanges, technical assistance,
grants to organizations, and scholarships for advanced study in
the United States.
(4) How to assure accountability for funds provided by the
United States Government.
(c) Authorization of Appropriations for Fiscal Year 1995.--
(1) Of the amounts authorized to be appropriated for
education and cultural exchange programs of the United States
Information Agency for fiscal year 1995, up to $1,000,000 is
authorized to be available for programs to carry out the
objectives of subsection (a).
(2) In addition to such amounts as may otherwise be made
available for broadcasting to China for fiscal year 1995, of
the amounts authorized to be appropriated for international
broadcasting for fiscal year 1995, an additional $5,000,000 may
be used for broadcasting to China.
SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS.
It is the sense of Congress that, in the event that international
humanitarian organizations undertake activities in China related to the
treatment of prisoners, the President should make available an
additional contribution to those organizations to support such
activities.
SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF UNITED STATES BUSINESS
IN CHINA.
(a) In General.--Congress endorses President Clinton's efforts to
work with the leaders of the United States business community to
develop voluntary principles that could be adapted by United States
companies doing business in China to further advance human rights and
commends United States companies that have previously adopted such
principles or are considering taking such action.
(b) Other Countries.--Congress urges the President to encourage
other governments to adopt similar principles to govern the activities
of their business organizations with activities in China.
SEC. 7. PERIODIC REPORTS.
Not more than 180 days after the date of the enactment of this Act
and annually for the 2 subsequent years, the President shall submit to
the Speaker of the House of Representatives and the Chairman of the
Committee on Foreign Relations of the Senate, a report (in a classified
form in whole or in part as necessary) which reviews for the preceding
12-month period those activities supported by the United States
Government to promote the objectives stated in section 4(a).
SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA.
The President is authorized to establish a United States commission
on law and society in the People's Republic of China to undertake the
following responsibilities and such other duties as the President
considers appropriate:
(1) To monitor developments in China with respect to the
following:
(A) The development of the Chinese legal system.
(B) The emergence of civil society.
(C) The development of institutions that provide
humane and effective governance.
(2) To engage in an ad hoc dialogue with Chinese
individuals and nongovernmental organizations who have an
interest in the subjects indicated in paragraph (1).
(3) To report to the President and to the Congress the
commission's findings regarding the subjects identified in
paragraph (1) and its discussions with Chinese individuals and
organizations concerning those subjects.
(4) To make recommendations to the President on United
States policy toward China in promoting the objectives
identified in section 4(a).
(5) To assess and report to the President and the Congress
on whether the creation of a United States-China Commission on
Law and Society would contribute to the objectives identified
in section 4(a).
HR 4891 IH----2 | United States China Policy Act of 1994 - Affirms the President's policy and makes specified recommendations for the conduct of U.S. policy toward China, including those for promoting human rights.
Makes it U.S. policy to promote: (1) an effective legal system based on the rule of law; (2) respect for human rights; (3) the emergence of civil society; and (4) the creation of institutions that provide humane and effective governance. Earmarks U.S. Information Agency funds to carry out such objectives. Makes additional funds available for international broadcasting to China.
Expresses the sense of the Congress that, in the event that international humanitarian organizations undertake activities in China related to the treatment of prisoners, the President should make available an additional contribution to such organizations to support such activities.
Endorses President Clinton's efforts to work with U.S. business leaders to develop voluntary principles to advance human rights in China and commends U.S. companies that have adopted such principles. Urges the President to encourage other governments to adopt similar principles.
Authorizes the President to establish a U.S. commission on law and society in the People's Republic of China. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Electronic and Information
Technology Accessibility Compliance Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) There are approximately 145,000 Federal employees with
disabilities and these employees comprise 7.5 percent of the
Federal workforce.
(2)(A) Although section 508 of the Rehabilitation Act of
1973 (29 U.S.C. 794d) requires Federal agencies to comply with
Federal guidelines to ensure that electronic and information
technology used by such agencies is accessible to individuals
with disabilities, there is no enforcement mechanism in such
Act to provide for compliance.
(B) As a result, Federal agencies have an uneven record of
offering accessible technologies to their employees with
disabilities.
(3)(A) States or other recipients of assistance under
section 102 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2212)
currently are required to comply with the guidelines
established under section 508 of the Rehabilitation Act of
1973.
(B) The authority for section 102 of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 is
expected to expire in 1998, eliminating the link between the
States and the guidelines established under section 508 of the
Rehabilitation Act of 1973.
(b) Purposes.--The purposes of this Act are--
(1) to strengthen compliance by Federal agencies with the
guidelines established under section 508 of the Rehabilitation
Act of 1973 (29 U.S.C. 794d); and
(2) to require States to continue to comply with such
guidelines.
SEC. 3. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE CERTIFICATION OF
COMPLIANCE WITH ELECTRONIC AND INFORMATION TECHNOLOGY
ACCESSIBILITY GUIDELINES UNDER THE REHABILITATION ACT OF
1973.
Section 508(b) of the Rehabilitation Act of 1973 (29 U.S.C 794d(b))
is amended to read as follows:
``(b) Compliance.--
``(1) In general.--Each Federal agency shall comply with
the guidelines established under this section.
``(2) Certification.--
``(A) Establishment of certification procedures.--
The Director of the Office of Management and Budget
shall establish uniform procedures under which the head
of each Federal agency shall submit to the Director a
written certification, containing such information as
the Director may reasonably require, that such agency
is in compliance with the guidelines established under
this section.
``(B) Submission of certification.--Not later than
September 30 of each year, the head of each Federal
agency shall submit to the Director of the Office of
Management and Budget a written certification in
accordance with the procedures established under
subparagraph (A).
``(C) Review of certification.--The Director of the
Office of Management and Budget--
``(i) shall review each certification
submitted by each Federal agency under
subparagraph (B); and
``(ii) shall provide notice to each such
Federal agency that such agency is either in
compliance or not in compliance with the
guidelines established under this section, as
the case may be.
``(D) Assistance for and monitoring of agencies not
in compliance.--In the case of a Federal agency that is
not in compliance with the guidelines established under
this section, the Director of the Office of Management
and Budget--
``(i) shall assist such agency in efforts
to comply with such guidelines; and
``(ii) shall monitor the progress of such
agency to comply with such guidelines.''.
SEC. 4. REQUIREMENT THAT STATES CONTINUE TO COMPLY WITH ELECTRONIC AND
INFORMATION TECHNOLOGY ACCESSIBILITY GUIDELINES UNDER
TITLE I OF THE REHABILITATION ACT OF 1973.
(a) In General.--Section 101(a) of the Rehabilitation Act of 1973
(29 U.S.C 721(a)) is amended--
(1) in paragraph (35), by striking ``and'' at the end;
(2) in paragraph (36), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(37) provide assurances that the State, or any recipient of funds
made available to the State under this title, will comply with the
guidelines established under section 508(a).''.
(b) Effective Date.--Paragraph (37) of section 101(a) of the
Rehabilitation Act of 1973, as added by subsection (a), shall take
effect 1 year after the date of enactment of this Act. | Federal Electronic and Information Technology Accessibility Compliance Act of 1997 - Amends the Rehabilitation Act of 1973 to require Federal agencies to provide certification of compliance with electronic and information technology accessibility guidelines for individuals with disabilities. Requires the Director of the Office of Management and Budget to establish uniform certification procedures.
Requires that States continue to comply with such guidelines. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access for Afghan Women Act of
2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Before 1996, women in Afghanistan could exercise their
basic human rights and 70 percent of teachers, nurses, doctors,
and small business owners in Afghanistan were women.
(2) More than 90 percent of Afghan men and women believe
that women should have access to education and work, freedom of
expression, legal protection, and participation in government.
Respondents also support the inclusion of women's human rights
issues in any peace negotiations with respect to Afghanistan.
(3) Women make up more than 75 percent of the refugees in
camps, urban areas, and villages in Afghanistan. On the
Afghanistan border with Pakistan many organizations, including
women's organizations, are delivering critical services to
refugees and such women's organizations have the knowledge and
experience to assist the United States in delivering effective
relief aid to women.
(4) The active participation of women in the government,
economy, and society of Afghanistan is necessary to ensure
lasting peace in the region.
(5) During major conflicts in the region, women have
maintained local economies and have led the effort in
rebuilding economies after conflicts. Effective development and
reconstruction assistance, including microcredit assistance,
takes into account women's roles as economic leaders.
SEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN CENTRAL
ASIAN COUNTRIES.
(a) In General.--Notwithstanding any other provision of law,
activities described in subsections (b) through (e) that are carried
out by the United States in Afghanistan and other countries of Central
Asia shall comply with the applicable requirements contained in such
subsections.
(b) Peace Negotiations To Establish Government of Afghanistan.--
With respect to peace negotiations to establish a future government of
Afghanistan, the applicable requirements are the following:
(1) Consult with and include representatives of women's
organizations and networks from the major ethnic groups in
Afghanistan during peace negotiations and post-conflict
decisionmaking.
(2) Include the perspectives and advice of organizations
with expertise in human rights and women's development in
decisionmaking processes relating to peace and the future
government of Afghanistan.
(3) Ensure that the full range of human rights of women, as
described in the International Convention on Civil and
Political Rights and the Universal Declaration of Human Rights,
are included in any constitution or legal structure of a future
government in Afghanistan by including a significant number of
women in the drafting of the constitution.
(c) Post-Conflict Reconstruction and Development.--With respect to
activities relating to post-conflict stability in Afghanistan and other
countries of Central Asia, the applicable requirements are the
following:
(1) Provide financial and programmatic assistance for the
efforts of Afghan women's organizations that represent the
various ethnic groups.
(2) Promote multi-year women-centered economic development
programs, including programs to assist widows and female heads
of household.
(3) Increase women's access to and ownership of productive
assets such as land, agricultural inputs, and microfinance, and
property.
(4) Provide financial assistance for primary, secondary,
and higher education for all individuals in Afghanistan.
(5) Provide financial assistance to build health
infrastructure and to deliver women-centered health programs,
particularly comprehensive and high quality reproductive health
and family planning services.
(6) Integrate education and training programs for former
combatants with economic development programs to encourage
their reintegration into society and to promote post-conflict
stability.
(7) Support educational efforts to increase awareness with
respect to landmines, facilitate the removal of landmines, and
provide services to individuals with disabilities caused by
landmines.
(8) Provide assistance to rehabilitate children affected by
the conflict, particularly child soldiers.
(d) Relief, Resettlement, and Repatriation of Refugees.--With
respect to the relief, resettlement, and repatriation of refugees in
Afghanistan and other countries of Central Asia, the applicable
requirements are the following:
(1)(A) Take all necessary steps to protect women refugees
in camps, urban areas, and villages fleeing from the conflict
situation in Afghanistan from violence.
(B) Take all necessary steps to ensure that women refugees
in camps, urban areas, and villages fleeing from the conflict
situation in Afghanistan are directly receiving food aid,
shelter, relief supplies, and other services from United
States-sponsored programs.
(C) Take all necessary steps to ensure that women refugees
in camps, urban areas, and villages are accessing high quality
health and medical services, particularly reproductive,
maternal, and child health services.
(2) Take all necessary steps to ensure that refugees that
choose to return voluntarily to their place of origin can do so
in safety, dignity, and with protection of their rights. United
States-sponsored efforts shall not coerce or encourage refugees
to return to their places of origin.
(e) Peacekeeping Operations.--With respect to peacekeeping
operations in Afghanistan and other countries of Central Asia, the
applicable requirements are the following:
(1) In preparation for deployment of peacekeeping missions,
provide training, guidelines, and materials to military,
police, and civilian personnel on the protection, rights, and
the particular needs of women, as well as on the importance of
involving women in all peacekeeping and peace building
measures.
(2) Encourage individuals and organizations that will
provide training to consult with women's organizations within
and outside of Afghanistan and other countries of Central Asia
to develop appropriate training content and materials.
(f) Definition.--In this section, the term ``other countries of
Central Asia'' means Pakistan, Tajikistan, Turkmenistan, Kazakhstan,
and Uzbekistan.
SEC. 4. REPORT.
Not later than 60 days after the date of the enactment of this Act,
the President shall prepare and transmit to Congress a report that
contains documentation (including documentation using data
disaggregated by gender) of the progress in implementing the
requirements of section 3. | Access for Afghan Women Act of 2001 - Directs the United States to undertake a variety of measures to guard and enhance the quality of life of Afghan and other Central Asian women, including the following: (1) incorporating the perspectives of women's and human rights organizations in matters related to peace and the future governance of Afghanistan; (2) including significant numbers of women in drafting a new constitution for Afghanistan; (3) providing funding for education for all Afghans; (4) increasing Central Asian women's access to and ownership of productive assets and property; (5) providing funding for women-centered economic development programs in Central Asia; (6) assuring the safety and health of female Central Asian refugees; and (7) including women in peacekeeping and peace building measures in Central Asia. Defines Central Asia as Afghanistan, Pakistan, Tajikistan, Turkmenistan, Kazakhstan and Uzbekistan. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunlight for Unaccountable Non-
profits Act'' or the ``SUN Act''.
SEC. 2. RETURN INFORMATION OF CERTAIN TAX-EXEMPT ORGANIZATIONS
AVAILABLE IN A SEARCHABLE FORMAT.
(a) In General.--Section 6104(b) of the Internal Revenue Code of
1986 is amended by striking ``made available to the public at such time
and in such places as the Secretary may prescribe.'' and inserting
``made available to the public at no charge and in an open, structured
data format that is processable by computers with the information easy
to find, access, reuse, and download in bulk.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns required to be filed after the date of the enactment of this
Act.
SEC. 3. AUTHORITY TO DISCLOSE CONTRIBUTORS TO CERTAIN TAX-EXEMPT
ORGANIZATIONS.
(a) In General.--Section 6104(b) of the Internal Revenue Code of
1986 is amended by striking ``Nothing in this subsection shall
authorize the Secretary to disclose the name and address of any
contributor to any organization'' and inserting ``In the case of any
applicable organization or trust, such information shall include the
name and address of any qualified contributor to such organization
which is required to be included on the return and the total
contributions of such qualified contributor, but nothing in this
subsection shall authorize the Secretary to disclose the name or
address of any other contributor to such organization or any
contributor to any other organization''.
(b) Definitions.--Section 6104(b) of such Code is amended--
(1) by striking ``The information'' and inserting the
following:
``(1) In general.--The information'', and
(2) by adding at the end the following new paragraph:
``(2) Definitions.--For purposes of paragraph (1)--
``(A) Applicable organization or trust.--The term
`applicable organization or trust' means any
organization or trust which--
``(i) indicates on an application (or
amendment to an application) for recognition of
exemption from tax under section 501(a) that
such organization has or plans to spend money
attempting to influence the selection,
nomination, election, or appointment of any
person to a public office,
``(ii) asserts on a return that such
organization participated in, or intervened in
(including through the publishing or
distributing of statements), a political
campaign on behalf of, or in opposition to, any
candidate for public office,
``(iii) has filed, or was required to file,
a statement or report under subsection (c) or
(g) of section 304 of the Federal Election
Campaign Act of 1974 with respect to
independent expenditures made during the
taxable year, or
``(iv) has filed, or was required to file,
a statement under section 304(f) of such Act
with respect to disbursements for
electioneering communications made during the
taxable year.
``(B) Qualified contributor.--The term `qualified
contributor' means, with respect to any applicable
organization or trust, any person who made aggregate
contributions (in money or other property) to such
applicable organization or trust during the taxable
year in an amount valued at $5,000 or more.''.
(c) Conforming Amendment.--Section 6104(d)(3)(A) of such Code is
amended by striking the first sentence and inserting the following:
``In the case of any applicable organization or trust (as defined in
subsection (b)(2)(A)), any copies of annual returns provided under
paragraph (1) shall include information relating to the name and
address of any qualified contributor (as defined in subsection
(b)(2)(B)) to such organization and the total contributions of such
qualified contributor, but nothing in such paragraph shall require the
disclosure of the name or address of any other contributor to such
organization or any contributor to any other organization (other than a
private foundation (within the meaning of section 509(a)) or political
organization exempt from taxation under section 527).''.
(d) Effective Date.--The amendments made by this section shall
apply to returns required to be filed after the date of the enactment
of this Act.
SEC. 4. AUTHORITY TO WITHHOLD SOCIAL SECURITY ACCOUNT NUMBERS ON FORM
990 FROM PUBLIC DISCLOSURE.
(a) Inspection of Annual Returns.--Section 6104(b) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``The Secretary may withhold from public inspection any social security
account number included in information required to be made available
under this subsection.''.
(b) Public Inspection of Certain Annual Returns, Reports,
Applications for Exemption, and Notices of Status.--Section
6104(d)(3)(B) of such Code is amended by adding at the end the
following: ``or disclosure of any social security account number
included in information required to be made available under this
subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to disclosures made after the date of the enactment
of this Act. | Sunlight for Unaccountable Non-profits Act or the SUN Act Amends the Internal Revenue Code to require: (1) the annual tax return information for tax-exempt organizations and deferred compensation plans to be made available to the public at no charge and in an open structured data format that is processable by computers, with the information easy to find, access, reuse, and download in bulk; and (2) the disclosure of the names and addresses of contributors of $5,000 or more to tax-exempt organizations that participate or intervene in political campaigns on behalf of, or in opposition to, any candidate for public office. Authorizes the Internal Revenue Service to withhold from public inspection any social security account number included on the information return of a tax-exempt organization (i.e., Form 990). | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Biodiesel
Renewable Fuels Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to or a repeal of a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. CREDIT FOR BIODIESEL USED AS FUEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
(relating to business related credits) is amended by inserting after
section 40 the following new section:
``SEC. 40A. BIODIESEL USED AS FUEL.
``(a) General Rule.--For purposes of section 38, the biodiesel
fuels credit determined under this section for the taxable year is an
amount equal to the biodiesel mixture credit.
``(b) Definition of Biodiesel Mixture Credit.--For purposes of this
section--
``(1) Biodiesel mixture credit.--
``(A) In general.--The biodiesel mixture credit of
any taxpayer for any taxable year is the sum of the
products of the biodiesel mixture rate for each blend
of qualified biodiesel mixture and the number of
gallons of the blend of the taxpayer for the taxable
year.
``(B) Biodiesel mixture rate.--For purposes of
subparagraph (A), the biodiesel mixture rate shall be--
``(i) the applicable amount for a B-1
blend,
``(ii) 3.0 cents for a B-2 blend, and
``(iii) 20.0 cents for a B-20 blend.
``(C) Blends.--For purposes of this paragraph--
``(i) B-1 blend.--The term `B-1 blend'
means a qualified biodiesel mixture if at least
0.5 percent but less than 2.0 percent of the
mixture is biodiesel.
``(ii) B-2 blend.--The term `B-2 blend'
means a qualified biodiesel mixture if at least
2.0 percent but less than 20 percent of the
mixture is biodiesel.
``(iii) B-20 blend.--The term `B-20 blend'
means a qualified biodiesel mixture if at least
20 percent of the mixture is biodiesel.
``(D) Applicable amount.--For purposes of this
paragraph, the term `applicable amount' means, in the
case of a B-1 blend, the amount equal to 1.5 cents
multiplied by a fraction the numerator of which is the
percentage of biodiesel in the B-1 blend and the
denominator of which is 1 percent.
``(2) Qualified biodiesel mixture.--
``(A) In general.--The term `qualified biodiesel
mixture' means a mixture of diesel and biodiesel
which--
``(i) is sold by the taxpayer producing
such mixture to any person for use as a fuel;
or
``(ii) is used as a fuel by the taxpayer
producing such mixture.
``(B) Sale or use must be in trade or business,
etc.--Biodiesel used in the production of a qualified
biodiesel mixture shall be taken into account--
``(i) only if the sale or use described in
subparagraph (A) is in a trade or business of
the taxpayer; and
``(ii) for the taxable year in which such
sale or use occurs.
``(C) Casual off-farm production not eligible.--No
credit shall be allowed under this section with respect
to any casual off-farm production of a qualified
biodiesel mixture.
``(c) Coordination With Exemption From Excise Tax.--The amount of
the credit determined under this section with respect to any biodiesel
shall, under regulations prescribed by the Secretary, be properly
reduced to take into account any benefit provided with respect to such
biodiesel solely by reason of the application of section 4041(n) or
section 4081(f).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Biodiesel defined.--
``(A) In general.--The term `biodiesel' means the
monoalkyl esters of long chain fatty acids derived from
vegetable oils for use in compressional-ignition
(diesel) engines. Such term shall include esters
derived from vegetable oils from corn, soybeans,
sunflower seeds, cottonseeds, canola, crambe,
rapeseeds, safflowers, flaxseeds, and mustard seeds.
``(B) Registration requirements.--Such term shall
only include a biodiesel which meets the registration
requirements for fuels and fuel additives established
by the Environmental Protection Agency under section
211 of the Clean Air Act (42 U.S.C. 7545).
``(2) Biodiesel mixture not used as a fuel, etc.--
``(A) Imposition of tax.--If--
``(i) any credit was determined under this
section with respect to biodiesel used in the
production of any qualified biodiesel mixture,
and
``(ii) any person--
``(I) separates the biodiesel from
the mixture, or
``(II) without separation, uses the
mixture other than as a fuel,
then there is hereby imposed on such person a
tax equal to the product of the biodiesel
mixture rate applicable under subsection
(b)(1)(B) and the number of gallons of the
mixture.
``(B) Applicable laws.--All provisions of law,
including penalties, shall, insofar as applicable and
not inconsistent with this section, apply in respect of
any tax imposed under subparagraph (A) as if such tax
were imposed by section 4081 and not by this chapter.
``(3) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(e) Election To Have Biodiesel Fuels Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).
``(3) Manner of making election.--An election under
paragraph (1) (or revocation thereof) shall be made in such
manner as the Secretary may by regulations prescribe.''
(b) Credit Treated as Part of General Business Credit.--Section
38(b) is amended by striking ``plus'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following:
``(16) the biodiesel fuels credit determined under section
40A.''
(c) Conforming Amendments.--
(1) Section 39(d) is amended by adding at the end the
following:
``(11) No carryback of biodiesel fuels credit before
january 1, 2003.--No portion of the unused business credit for
any taxable year which is attributable to the biodiesel fuels
credit determined under section 40A may be carried back to a
taxable year beginning before January 1, 2003.''
(2) Section 196(c) is amended by striking ``and'' at the
end of paragraph (9), by striking the period at the end of
paragraph (10), and by adding at the end the following:
``(11) the biodiesel fuels credit determined under section
40A.''
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding after the item
relating to section 40 the following new item:
``Sec. 40A. Biodiesel used as fuel.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. REDUCTION OF MOTOR FUEL EXCISE TAXES ON BIODIESEL MIXTURES.
(a) In General.--Section 4081 (relating to manufacturers tax on
petroleum products) is amended by adding at the end the following new
subsection:
``(f) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary--
``(1) In general.--In the case of the removal or entry of a
qualified biodiesel mixture, the rate of tax under subsection
(a) shall be the otherwise applicable rate reduced by the
biodiesel mixture rate (if any) applicable to the mixture.
``(2) Tax prior to mixing.--
``(A) In general.--In the case of the removal or
entry of diesel fuel for use in producing at the time
of such removal or entry a qualified biodiesel mixture,
the rate of tax under subsection (a) shall be the
otherwise applicable rate, reduced by the amount
determined under subparagraph (B).
``(B) Applicable reduction.--For purposes of
subparagraph (A), the amount determined under this
subparagraph is an amount equal to the biodiesel
mixture rate for the qualified biodiesel mixture to be
produced from the diesel fuel, divided by a percentage
equal to 100 percent minus the percentage of biodiesel
which will be in the mixture.
``(3) Definitions.--For purposes of this subsection, any
term used in this subsection which is also used in section 40A
shall have the meaning given such term by section 40A.
``(4) Certain rules to apply.--Rules similar to the rules
of paragraphs (6) and (7) of subsection (c) shall apply for
purposes of this subsection.''.
(b) Conforming Amendments.--
(1) Section 4041 is amended by adding at the end the
following new subsection:
``(n) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary, in the case of the sale or use of a qualified biodiesel
mixture (as defined in section 40A(b)(2)), the rates under paragraphs
(1) and (2) of subsection (a) shall be the otherwise applicable rates,
reduced by any applicable biodiesel mixture rate (as defined in section
40A(b)(1)(B)).''.
(2) Section 6427 is amended by redesignating subsection (p)
as subsection (q) and by inserting after subsection (o) the
following new subsection:
``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if
any diesel fuel on which tax was imposed by section 4081 at a rate not
determined under section 4081(f) is used by any person in producing a
qualified biodiesel mixture (as defined in section 40A(b)(2)) which is
sold or used in such person's trade or business, the Secretary shall
pay (without interest) to such person an amount equal to the per gallon
applicable biodiesel mixture rate (as defined in section 40A(b)(1)(B))
with respect to such fuel.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2002.
SEC. 4. HIGHWAY TRUST FUND HELD HARMLESS.
There are hereby transferred (from time to time) from the funds of
the Commodity Credit Corporation amounts equivalent to the reductions
that would occur (but for this section) in the receipts of the Highway
Trust Fund by reason of the amendments made by this Act. Such transfers
shall be made on the basis of estimates made by the Secretary of the
Treasury and adjustments shall be made to subsequent transfers to
reflect any errors in the estimates. | Biodiesel Renewable Fuels Act - Amends the Internal Revenue Code to: (1) allow a tax credit of between 3 and 20 cents per gallon for soy or specified vegetable based biodiesel fuel mixtures; and (2) make corresponding reductions to motor fuel excise taxes. | billsum_train |
Provide a summary of the following text: entitled ``Joint Resolution to establish the
Fort Sumter National Monument in the State of South Carolina'',
approved April 28, 1948 (16 U.S.C. 450ee), to commemorate
historic events in the vicinity of Fort Sumter, the site of the
first engagement of the Civil War on April 12, 1861;
(2) Fort Moultrie--
(A) was the site of the first defeat of the British
in the Revolutionary War on June 28, 1776; and
(B) was acquired by the Federal Government from the
State of South Carolina in 1960 under the authority of
chapter 3201 of title 54, United States Code;
(3) since 1960, Fort Moultrie has been administered by the
National Park Service as part of the Fort Sumter National
Monument without a clear management mandate or established
boundary;
(4) Fort Sumter and Fort Moultrie played important roles in
the protection of Charleston Harbor and in the coastal defense
system of the United States;
(5) Fort Moultrie is the only site in the National Park
System that preserves the history of the United States coastal
defense system during the period from 1776 through 1947; and
(6) Sullivan's Island Life Saving Station, located adjacent
to the Charleston Light--
(A) was constructed in 1896; and
(B) is listed on the National Register of Historic
Places.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled
``Boundary Map, Fort Sumter and Fort Moultrie National
Historical Park'', numbered 392/80,088, and dated November 30,
2009.
(2) Park.--The term ``Park'' means the Fort Sumter and Fort
Moultrie National Park established by section 4(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of South
Carolina.
(5) Sullivan's island life saving station historic
district.--The term ``Sullivan's Island Life Saving Station
Historic District'' means the Charleston Lighthouse, the
boathouse, garage, bunker/sighting station, signal tower, and
any associated land and improvements to the land that are
located between Sullivan's Island Life Saving Station and the
mean low water mark.
SEC. 4. FORT SUMTER AND FORT MOULTRIE NATIONAL PARK.
(a) Establishment.--There is established the Fort Sumter and Fort
Moultrie National Park in the State as a unit of the National Park
System to preserve, maintain, and interpret the nationally significant
historical values and cultural resources associated with Fort Sumter,
Fort Moultrie, and the Sullivan's Island Life Saving Station Historic
District.
(b) Boundary.--
(1) In general.--The boundary of the Park shall be
comprised of the land, water, and submerged land depicted on
the map.
(2) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(c) Administration.--
(1) In general.--The Secretary, acting through the Director
of the National Park Service, shall administer the Park in
accordance with this Act and the laws generally applicable to
units of the National Park System, including--
(A) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code; and
(B) chapter 3201 of title 54, United States Code.
(2) Interpretation of historical events.--The Secretary
shall provide for the interpretation of historical events and
activities that occurred in the vicinity of Fort Sumter and
Fort Moultrie, including--
(A) the Battle of Sullivan's Island on June 28,
1776;
(B) the Siege of Charleston during 1780;
(C) the Civil War, including--
(i) the bombardment of Fort Sumter by
Confederate forces on April 12, 1861; and
(ii) any other events of the Civil War that
are associated with Fort Sumter and Fort
Moultrie;
(D) the development of the coastal defense system
of the United States during the period from the
Revolutionary War to World War II, including--
(i) the Sullivan's Island Life Saving
Station;
(ii) the lighthouse associated with the
Sullivan's Island Life Saving Station; and
(iii) the coastal defense sites constructed
during the period of fortification construction
from 1898 to 1942, known as the ``Endicott
Period''; and
(E) the lives of--
(i) the free and enslaved workers who built
and maintained Fort Sumter and Fort Moultrie;
(ii) the soldiers who defended the forts;
(iii) the prisoners held at the forts; and
(iv) captive Africans bound for slavery
who, after first landing in the United States,
were brought to quarantine houses in the
vicinity of Fort Moultrie in the 18th Century,
if the Secretary determines that the quarantine
houses and associated historical values are
nationally significant.
(d) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with public and private entities and individuals
to carry out this Act.
SEC. 5. REPEAL OF EXISTING LAW.
Section 2 of the Joint Resolution entitled ``Joint Resolution to
establish the Fort Sumter National Monument in the State of South
Carolina'', approved April 28, 1948 (16 U.S.C. 450ee-1), is repealed. | Fort Sumter and Fort Moultrie National Park Act of 2016 This bill establishes the Fort Sumter and Fort Moultrie National Park in South Carolina for the preservation and interpretation of the nationally significant historical values and cultural resources associated with Fort Sumter, Fort Moultrie, and Sullivan's Island Life Saving Station Historic District. The Department of the Interior shall arrange for the interpretation of historical events and activities that occurred in the vicinity of Fort Sumter and Fort Moultrie, including: the Battle of Sullivan's Island on June 28, 1776; the Siege of Charleston during 1780; and the Civil War, including the bombardment of Fort Sumter by Confederate forces on April 12, 1861; and the development of the coastal defense system of the United States during the period from the Revolutionary War to World War II, including that of Sullivan's Island Life Saving Station. Interior may enter into cooperative agreements with public and private entities and individuals to carry out this bill. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlined and Improved Methods at
Polling Locations and Early (SIMPLE) Voting Act of 2013''.
SEC. 2. MINIMUM REQUIREMENTS FOR EARLY VOTING AND FOR REDUCING WAITING
TIMES FOR VOTERS IN FEDERAL ELECTIONS.
(a) Requirements for States.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
(A) by redesignating sections 304 and 305 as
sections 306 and 307; and
(B) by inserting after section 303 the following
new sections:
``SEC. 304. EARLY VOTING.
``(a) In General.--Each State shall allow individuals to vote in an
election for Federal office on each day occurring during the 15-day
period which ends on the second day immediately preceding the date of
the election, in the same manner as voting is allowed on such date.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting prior to the date of a Federal election pursuant to
subsection (a) shall--
``(1) allow such voting for not less than 10 hours on each
day; and
``(2) have uniform hours each day for which such voting
occurs.
``(c) Location of Polling Places Near Public Transportation.--To
the greatest extent practicable, a State shall ensure that each polling
place which allows voting prior to the date of a Federal election
pursuant to subsection (a) is located within reasonable walking
distance of a stop on a public transportation route.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the date scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.
``SEC. 305. PREVENTING UNREASONABLE WAITING TIMES FOR VOTERS.
``(a) Preventing Unreasonable Waiting Times.--
``(1) In general.--Each State shall provide a sufficient
number of voting systems, poll workers, and other election
resources (including physical resources) at a polling place
used in any election for Federal office, including a polling
place at which individuals may cast ballots prior to the date
of the election, to ensure--
``(A) a fair and equitable waiting time for all
voters in the State; and
``(B) that no individual will be required to wait
longer than one hour to cast a ballot at the polling
place.
``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided at
a polling place for purposes of paragraph (1), the State shall
take into account the following factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by the
polling place, such as the proportion of the voting-age
population who are under 25 years of age or who are
naturalized citizens.
``(F) The needs and numbers of voters with
disabilities and voters with limited English
proficiency.
``(G) The type of voting systems used.
``(H) The length and complexity of initiatives,
referenda, and other questions on the ballot.
``(I) Such other factors, including relevant
demographic factors relating to the population served
by the polling place, as the State considers
appropriate.
``(3) Guidelines.--Not later than 180 days after the date
of the enactment of this section, the Commission shall
establish and publish guidelines to assist States in meeting
the requirements of this subsection.
``(4) Rule of construction.--Nothing in this subsection may
be construed to authorize a State to meet the requirements of
this subsection by closing any polling place, prohibiting an
individual from entering a line at a polling place, or refusing
to permit an individual who has arrived at a polling place
prior to closing time from voting at the polling place.
``(b) Development and Implementation of Contingency Plans.--
``(1) In general.--Each State shall develop, and implement
to the greatest extent practicable, a contingency plan under
which the State shall provide additional poll workers,
machines, ballots, and other equipment and supplies (as the
case may be) on the date of the election to any polling place
used in an election for Federal office, including a polling
place at which individuals may cast ballots prior to the date
of the election, at which waiting times exceed one hour.
``(2) Approval of plan by commission.--The State shall
ensure that the contingency plan developed under paragraph (1)
is approved by the Commission prior to the date of the election
involved, in accordance with such procedures as the Commission
may establish.
``(c) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the items relating to sections
304 and 305 as relating to sections 306 and 307; and
(B) by inserting after the item relating to section
303 the following new items:
``Sec. 304. Early voting.
``Sec. 305. Preventing unreasonable waiting times for voters.''.
(b) Report by Election Assistance Commission.--Not later than June
30 of each odd-numbered year, the Election Assistance Commission shall
submit to Congress a report assessing the impact of sections 304 and
305 of the Help America Vote Act of 2002 (as added by subsection (a))
on the administration of elections for Federal office during the
preceding 2-year period, and shall include in the report such
recommendations as the Commission considers appropriate.
(c) No Effect on Authority of State To Provide for Longer Periods
of Early Voting or Greater Amount of Resources at Polling Places.--
Nothing in this section or in any amendment made by this section may be
construed to prohibit a State, with respect to any election for Federal
office--
(1) from providing (in an equitable and nondiscriminatory
manner) a longer period for early voting than the minimum
period required under section 304 of the Help America Vote Act
of 2002 (as added by subsection (a)); or
(2) from providing (in an equitable and nondiscriminatory
manner) a greater number of systems, poll workers, and other
election resources at any polling place than the minimum number
required under section 305 of such Act (as added by subsection
(a)).
SEC. 3. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF
UNIFORM AND NONDISCRIMINATORY STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act of 2002
(42 U.S.C. 15482) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2014.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2014.''.
(b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C.
15482(f)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsections (d)(2)
and (e)(2), each State''.
SEC. 4. AVAILABILITY OF CIVIL PENALTIES AND PRIVATE RIGHTS OF ACTION TO
ENFORCE HELP AMERICA VOTE ACT OF 2002.
(a) Availability of Civil Penalties and Private Rights of Action.--
Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is
amended to read as follows:
``SEC. 401. ENFORCEMENT.
``(a) Action by Attorney General.--
``(1) In general.--The Attorney General may bring a civil
action against any State or jurisdiction in an appropriate
United States District Court for such declaratory and
injunctive relief (including a temporary restraining order, a
permanent or temporary injunction, or other order) as may be
necessary to carry out the requirements of subtitle A of title
III.
``(2) Assessment of civil money penalty.--In a civil action
brought under paragraph (1), if the court finds that the State
or jurisdiction violated any provision of subtitle A of title
III, it may, to vindicate the public interest, assess a civil
penalty against the State or jurisdiction--
``(A) in an amount not to exceed $110,000 for each
such violation, in the case of a first violation; or
``(B) in an amount not to exceed $220,000 for each
such violation, for any subsequent violation.
``(3) Intervention.--Upon timely application, a person
aggrieved by a violation of subtitle A of title III with
respect to which a civil action is commenced under paragraph
(1) may intervene in such action, and may obtain such
appropriate relief as the person could obtain in a civil action
under subsection (b) with respect to that violation, along with
costs and a reasonable attorney fee.
``(4) Report to congress.--Not later than December 31 of
each year, the Attorney General shall submit to Congress an
annual report on any civil action brought under paragraph (1)
during the preceding year.
``(b) Private Right of Action.--
``(1) Availability.--A person who is aggrieved by a State's
or jurisdiction's violation of subtitle A of title III may
bring a civil action in an appropriate United States District
Court for such declaratory or injunctive relief as may be
necessary to carry out the requirements of such subtitle.
``(2) Costs and attorney fees.--The court may award to a
person aggrieved by a violation of subtitle A of title III who
prevails in an action brought under paragraph (1) the costs of
the action, including a reasonable attorney fee.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by amending the item relating to section 401 to read as
follows:
``Sec. 401. Enforcement.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations alleged to have occurred on or after
the date of the enactment of this Act. | Streamlined and Improved Methods at Polling Locations and Early (SIMPLE) Voting Act of 2013 - Amends the Help America Vote Act of 2002 (HAVA) to require each state to allow individuals to vote in a federal election on each day during the 15-day period ending on the second day immediately preceding the election date in the same manner as voting is allowed on election day. Requires a state to ensure that each polling place that allows early voting in a federal election is located within reasonable walking distance of a stop on a public transportation route. Requires the Election Assistance Commission to issue standards for the administration of early voting in a federal election. Requires each state to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in a federal election to ensure: (1) a fair and equitable waiting time for all voters in the state, and (2) that no individual will be required to wait longer than one hour to cast a ballot at the polling place. Requires each state to develop, and implement to the greatest extent practicable, a contingency plan under which it shall provide any polling place on a federal election day whose waiting times exceed one hour with additional poll workers, machines, ballots, and other equipment and supplies, including a polling place at which individuals may cast ballots before the election date. Requires the Commission to report to Congress biennially on the impact of this Act's early voting and waiting time provisions on the administration of elections for federal office. Prescribes requirements for the counting of provisional ballots that will be treated as votes. Allows civil money penalties, intervention by aggrieved parties, and private actions to address HAVA violations by a state or jurisdiction. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Working Families Tax Relief
Act of 2009''.
SEC. 2. STATE AND LOCAL SALES TAX DEDUCTION MADE PERMANENT.
(a) In General.--Paragraph (5) of section 164(b) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (I).
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2009.
SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE
PERMANENT.
(a) In General.--Section 222 of the Internal Revenue Code of 1986
is amended by striking subsection (e) (relating to termination).
(b) Sunset Not To Apply.--Section 901 of the Economic Growth and
Tax Relief Reconciliation Act of 2001 shall not apply to provisions of,
and amendments made by, section 431 of such Act (relating to deduction
for higher education expenses).
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2009.
SEC. 4. MORTGAGE INSURANCE PREMIUMS TREATED AS INTEREST MADE PERMANENT.
(a) In General.--Subparagraph (E) of section 163(h)(3) of the
Internal Revenue Code of 1986 is amended by striking clause (iv).
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or accrued after December 31, 2009.
SEC. 5. EXPANSION AND MODIFICATION OF THE HOMEBUYER CREDIT.
(a) Extension.--
(1) In general.--Section 36(h) of the Internal Revenue Code
of 1986 is amended by striking ``December 1, 2009'' and
inserting ``December 31, 2009''.
(2) Conforming amendment.--Section 36(g) of such Code is
amended by striking ``December 1, 2009'' and inserting
``December 31, 2009''.
(b) Expansion to All Purchasers of Principal Residence.--
(1) In general.--Subsection (a) of section 36 of such Code
is amended by striking ``who is a first-time homebuyer of a
principal residence'' and inserting ``who purchases a principal
residence''.
(2) Conforming amendments.--
(A) Subsection (c) of section 36 of such Code is
amended by striking paragraph (1) and by redesignating
paragraphs (2), (3), (4), and (5) as paragraphs (1),
(2), (3), and (4), respectively.
(B) Section 36 of such Code is amended by striking
``first-time homebuyer credit'' in the heading and
inserting ``home purchase credit''.
(C) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 36 and inserting
the following new item:
``Sec. 36. Home purchase credit.''.
(D) Subparagraph (W) of section 26(b)(2) of such
Code is amended by striking ``homebuyer credit'' and
inserting ``home purchase credit''.
(c) Modification of Recapture.--
(1) Repeal of general recapture rule.--Subsection (f) of
section 36 of such Code is amended by striking paragraph (1)
and by redesignating paragraphs (2) through (7) as paragraphs
(1) through (6), respectively.
(2) 3-year recapture period.--Paragraph (6) of section
36(f) of such Code, as so redesignated, is amended to read as
follows:
``(6) Recapture period.--For purposes of this subsection,
the term `recapture period' means the 36-month period beginning
on the date of the purchase of such residence by the
taxpayer.''.
(3) Conforming amendments.--
(A) Paragraph (1) of section 36(f) of such Code, as
so redesignated, is amended to read as follows:
``(1) In general.--If a taxpayer disposes of the principal
residence with respect to which a credit was allowed under
subsection (a) (or such residence ceases to be the principal
residence of the taxpayer (and, if married, the taxpayer's
spouse)) before the end of the recapture period, the tax
imposed by this chapter for the taxable year of such
disposition or cessation shall be increased by the amount of
the credit so allowed.''.
(B) Section 36(f)(2) of such Code, as so
redesignated, is amended--
(i) by striking ``paragraph (2)'' and
inserting ``paragraph (1)'', and
(ii) by striking the second sentence.
(C) Section 36(f)(3) of such Code, as so
redesignated, is amended--
(i) by striking ``Paragraphs (1) and'' in
subparagraph (A) and inserting ``Paragraph
(1)'',
(ii) in subparagraph (B)--
(I) by striking ``Paragraph (2)''
both places it appears and inserting
``Paragraph (1)'', and
(II) by striking ``paragraph (2)''
and inserting ``paragraph (1)'',
(iii) in subparagraph (C)--
(I) by striking ``paragraph (2)''
in clause (i) and inserting ``paragraph
(1)'', and
(II) by striking ``paragraphs (1)
and (2)'' and inserting ``paragraph
(1)'', and
(iv) by striking subparagraph (D).
(4) Conforming amendment.--Subsection (g) of section 36 of
such Code is amended by striking ``subsection (c)'' and
inserting ``subsections (c) and (f)(4)(D)''.
(d) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) 1st time homebuyer.--The amendment made by subsection
(b) shall apply to purchases on or after the date of the
enactment of this Act.
(3) Modification of recapture.--The amendments made by
subsection (c) shall take effect as if included in the
amendments made by section 3011(c) of the Housing and Economic
Recovery Act of 2008. | American Working Families Tax Relief Act of 2009 - Amends the Internal Revenue Code to make permanent the tax deductions for state and local sales taxes, qualified tuition and related expenses, and mortgage insurance premiums.
Modifies the first-time homebuyer tax credit by: (1) allowing all purchasers of a principal residence, not just first-time homebuyers, to claim such credit; (2) eliminating the requirement to repay credit amounts over a 15-year period; and (3) imposing a recapture requirement for taxpayers who dispose of a residence within 36 months after purchase. Extends such credit through December 31, 2009. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cord Blood
Education and Awareness Act of 2009''.
(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. Public education campaign.
Sec. 4. Patient informed consent document.
Sec. 5. Duty of certain professionals to disclose information to, and
obtain informed consent from, pregnant
patients.
Sec. 6. Professional education.
Sec. 7. Targeted education grants.
Sec. 8. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Every 10 minutes, another child or adult is expected to
die from leukemia, lymphoma or myeloma. Leukemia, lymphoma, and
myeloma caused the deaths of an estimated 52,910 people in the
United States in 2007 and accounted for nearly 9.4 percent of
the deaths from cancer in 2008. In addition, leukemia causes
more deaths than any other cancer among children and young
adults under the age of 20.
(2) As many as 16,000 leukemia patients diagnosed each year
require a bone marrow transplant but have no matched relative
or cannot find a match in the national bone marrow registry.
There is a 1 in 4 chance that an newborn baby's cord blood
cells would be a perfect match to a sibling that suffers from 1
of 70 blood diseases.
(3) Umbilical cord blood stem cells (in this Act referred
to as ``cord blood cells'') have effectively been used in the
treatment of these conditions. To date, cord blood cells have
been used in more than 14,000 transplants worldwide during the
last 20 years.
(4) Cord blood cells, like marrow and blood, is a rich
source of stem cells for allogeneic transplantation, especially
for children. Cord blood cells used in transplant result in a
lower rate of graft versus host disease than bone marrow and
are easier to match based on HLA typing. In addition, cord
blood cells have also been used to treat effectively
nonmalignant blood, immune, and metabolic disorders such as
aplastic anemia, sickle cell anemia, severe combined
immunodeficiencies, and leukodystrophies.
(5) Researchers have found that in addition to blood cell
precursors, cord blood cells contains many different types of
stem cells--the building blocks of bones, the heart, liver, and
nervous system. Further, cord blood cells have proven to be
pluripotent, which means they have the ability to differentiate
into every cell type in the human body. Cord blood cells have
also been shown decrease inflammation and stimulate tissue
repair.
(6) Clinical research and experimental clinical use is
underway to study the use of autologous cord blood cells to
treat type 1 diabetes, brain injury, and cerebral palsy. In
addition, preclinical research using cord blood cells is
showing promise in treating hearing loss, renal failure, spinal
cord injury, and congenital heart valve defects.
(7) Of the more than 4,000,000 births in the United States
each year, more than 90 percent of the cord blood cells are
discarded as medical waste. Currently, less than one quarter of
the States requires that expectant parents receive information
regarding their options to bank their baby's cord blood in
public or private blood banks.
(8) In 2005, the Institute of Medicine submitted a report
to Congress entitled ``Establishing National Hematopoietic Stem
Cell Bank Program'', and recommended that ``donors must be
provided with clear information about their options'', for cord
blood cells and that ``the information provided to a donor must
include a balanced perspective on the different options for
banking'' cord blood cells. The Institute also recommended that
``informed consent for the collection storage and use of cord
blood should be obtained before labor and delivery, and after
the adequate disclosure of information.''.
SEC. 3. PUBLIC EDUCATION CAMPAIGN.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Health and Human Services (in this Act referred to as
the ``Secretary'') shall develop and make publicly available, including
by posting on the public website of the Department of Health and Human
Services, a publication relating to umbilical cord blood that includes
the following information:
(1) An explanation of the potential value and uses of
umbilical cord blood, including cord blood cells and stem
cells, for individuals who are, as well as individuals who are
not, biologically related to a mother or her newborn child.
(2) An explanation of the differences between using one's
own cord blood cells (autologous) and using related or
unrelated cord blood stem cells (allogeneic use) in the
treatment of disease.
(3) An explanation of the differences between public and
private umbilical cord blood banking.
(4) The options available to a mother relating to stem
cells that are contained in the umbilical cord blood after the
delivery of her newborn, including--
(A) donating the stem cells to a public umbilical
cord blood bank (where facilities are available);
(B) storing the stem cells in a private family
umbilical cord blood bank for use by immediate and
extended family members;
(C) storing the stem cells for immediate or
extended family members through a family or sibling
donor banking program that provides free collection,
processing, and storage where there is an existing
medical need; and
(D) discarding the stem cells.
(5) The medical processes involved in the collection of
cord blood.
(6) Medical or family history criteria that can impact a
family's consideration of umbilical cord blood banking,
including the likelihood of using a baby's cord blood to serve
as a match for a family member who has a medical condition.
(7) Options for ownership and future use of donated
umbilical cord blood.
(8) The average cost of public and private umbilical cord
blood banking.
(9) The availability of public and private cord blood
banks, including--
(A) a list of public cord blood banks within the
United States and the hospitals served by such banks;
(B) a list of private cord blood banks that are
accredited, as determined by the Secretary; and
(C) the availability of free family banking and
sibling donor programs where there is an existing
medical need by a family member.
(10) An explanation of which racial and ethnic groups are
in particular need of publicly donated cord blood samples based
upon medical data developed by the Health Resources and
Services Administration.
SEC. 4. PATIENT INFORMED CONSENT DOCUMENT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop a written patient
informed consent document relating to cord blood disposition to be
presented and signed, to the extent feasible, by an expectant woman not
later than 2 weeks before her estimated delivery date.
(b) Contents.--The document developed under subsection (a) shall
include the following:
(1) Information providing a balanced perspective on the
different options for cord blood banking, including public
donation, private banking, and disposal.
(2) Information on the medical value of cord blood stem
cells in the treatment of disease.
(3) A declaration, to be signed, of a woman's chosen option
for the disposition of a child's cord blood stem cells, whether
public donation, private banking, or other disposal.
SEC. 5. DUTY OF CERTAIN PROFESSIONALS TO DISCLOSE INFORMATION TO, AND
OBTAIN INFORMED CONSENT FROM, PREGNANT PATIENTS.
(a) Disclosure of Options.--Effective 1 year after the date of the
enactment of this Act, each physician or other health care professional
who is primarily responsible for the furnishing ambulatory prenatal
care to a pregnant woman shall--
(1) prior to the beginning of the third trimester of the
pregnancy (or, if later, at the first visit of such pregnant
woman to the provider), provide her with information developed
under section 3 relating to the woman's options with respect to
umbilical cord blood banking; and
(2) after providing such information and, to the extent
feasible, not later than 2 weeks before the woman's estimated
date of delivery, obtain a written informed consent described
in section 4 relating to the woman's decision regarding
disposition of cord blood stem cells or document that the
provider sought such consent and the woman refused or declined
to provide it.
(b) Application.--
(1) Medicaid.--
(A) Section 1902(a) of the Social Security Act (42
U.S.C. 1396b(a)) is amended--
(i) by striking ``and'' at the end of
paragraph (72);
(ii) by striking the period at the end of
paragraph (73) and inserting ``; and''; and
(iii) by inserting after paragraph (73) the
following new paragraph:
``(74) provide (A) that each physician or other health care
professional who is primarily responsible for the furnishing
ambulatory prenatal care to a pregnant woman and who is
receiving funds under the plan for the furnishing of such care
shall comply with the requirements of such section with respect
to any pregnant woman to whom the provider furnishes such care;
and (B) for a method to enforce such requirements.''.
(B) Section 1903 of such Act (42 U.S.C. 1396c) is
amended by adding at the end the following new
subsection:
``(aa) If the Secretary finds that a State has not complied with
the requirement of section 1902(a)(74)(B), the Secretary may provide
for such reduction in payment otherwise made to the State under section
1902(a)(7) as may be appropriate, taking into account the costs the
State would have incurred in complying with such requirement.''.
(2) CHIP.--Section 2107(e)(1) of such Act (42 U.S.C.
1397hh(e)(1)) is amended by adding at the end the following new
subparagraph:
``(M) Sections 1902(a)(74) and 1903(aa) (relating
to informing pregnant women concerning blood cord
banking).''.
(3) Employer group health plans under erisa.--Section 609
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1169) is amended--
(A) by redesignating subsection (e) as subsection
(f); and
(B) by inserting after subsection (d) the following
new subsection:
``(e) Informing Pregnant Women Concerning Blood Cord Banking.--
``(1) In general.--A group health plan, and a health
insurance issuer that offers group health insurance coverage,
that provides benefits for ambulatory prenatal care for a
pregnant woman through an agreement or arrangement with a
physician or other health care professional who is primarily
responsible for the furnishing ambulatory prenatal care to a
pregnant woman shall require, as part of such agreement or
arrangement with the physician or other professional, that the
physician or professional comply with the requirements of such
section with respect to any pregnant woman to whom the
physician or professional furnishes such care.
``(2) Continued applicability of state law.--Section 731(a)
shall apply with respect to paragraph (1) in the same manner as
such section applies to part 7.''.
(4) Effective date.--The amendments made by this subsection
shall apply to physicians and other health care professionals
with respect to agreements and arrangements entered into or
renewed on or after the date of the enactment of this Act.
SEC. 6. PROFESSIONAL EDUCATION.
The Secretary shall develop professional educational materials on
umbilical cord blood stem cells, including the publication developed
under section 3, for health care providers who provide prenatal
services to pregnant women.
SEC. 7. TARGETED EDUCATION GRANTS.
(a) In General.--The Secretary may make grants to entities for
targeted education on current and medically accurate information about
umbilical cord blood stem cells and the different options for banking
such cells.
(b) Targeted Groups.--In making grants under this section, the
Secretary shall consider making grants for targeted education to--
(1) health care providers pursuant to section 6;
(2) ethnic and racial minorities for whom public cord blood
samples may be difficult to find;
(3) families with a genetic history of diseases treated by
cord blood; and
(4) populations specifically affected by conditions
currently treated with cord blood stem cells or conditions that
may one day be treated with cord blood stem cells.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there are authorized to be appropriated
$10,000,000 for fiscal year 2010 and $5,000,000 for each of fiscal
years 2011 through 2014. | Cord Blood Education and Awareness Act of 2009 - Requires the Secretary of Health and Human Services (HHS) to develop a publication relating to umbilical cord blood that includes: (1) an explanation of the potential value and uses of umbilical cord blood; (2) the medical processes involved in the collection of cord blood; and (3) options for ownership and future use of donated umbilical cord blood.
Directs the Secretary to develop a written patient informed consent document relating to cord blood disposition to be presented to and signed by the expectant woman not later than two weeks before her estimated delivery date. Requires such document to include: (1) information on the different options to cord blood banking; (2) information on the medical value of cord blood stem cells in treating disease; and (3) a declaration, to be signed, of a woman's chosen option for disposition.
Directs each physician or other health care professional who is primarily responsible for furnishing ambulatory prenatal care to a pregnant woman to: (1) provide her with timely information relating to umbilical cord blood banking options; and (2) obtain written informed consent or a document that the woman refused or declined to provide such consent. Applies such requirement to state Medicaid plans and group health insurance plans.
Directs the Secretary to develop professional educational materials on umbilical cord blood stem cells for health care providers who provide prenatal services.
Authorizes the Secretary to make grants to entities for targeted education about umbilical cord blood stem cells and the different options for banking such cells. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cape Fox Land Entitlement Adjustment
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Cape Fox Corporation (Cape Fox) is an Alaska Native
Village Corporation organized pursuant to the Alaska Native
Claims Settlement Act (ANCSA) (43 U.S.C. 1601 et seq.) for the
Native Village of Saxman.
(2) As with other ANCSA village corporations in Southeast
Alaska, Cape Fox was limited to selecting 23,040 acres under
section 16 of ANCSA.
(3) Except for Cape Fox, all other Southeast Alaska ANCSA
village corporations were restricted from selecting within two
miles of a home rule city.
(4) To protect the watersheds in the vicinity of Ketchikan,
Cape Fox was restricted from selecting lands within six miles
from the boundary of the home rule City of Ketchikan under
section 22(1) of ANCSA (43 U.S.C. 1621(1)).
(5) The six mile restriction damaged Cape Fox by precluding
the corporation from selecting valuable timber lands,
industrial sites, and other commercial property, not only in
its core township but in surrounding lands far removed from
Ketchikan and its watershed.
(6) As a result of the 6 mile restriction, only the remote
mountainous northeast corner of Cape Fox's core township, which
is nonproductive and of no known economic value, was available
for selection by the corporation. Selection of this parcel was,
however, mandated by section 16(b) of ANCSA (43 U.S.C.
1615(b)).
(7) Cape Fox's land selections were further limited by the
fact that the Annette Island Indian Reservation is within its
selection area, and those lands were unavailable for ANCSA
selection. Cape Fox is the only ANCSA village corporation
affected by this restriction.
(8) Adjustment of Cape Fox's selections and conveyances of
land under ANCSA requires adjustment of Sealaska Corporation's
(Sealaska) selections and conveyances to avoid creation of
additional split estate between National Forest System surface
lands and Sealaska subsurface lands.
(9) Sealaska is the Alaska native regional corporation for
Southeast Alaska, organized under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.).
(10) There is an additional need to resolve existing areas
of Sealaska/Tongass split estate, in which Sealaska holds title
or conveyance rights to several thousand acres of subsurface
lands that encumber management of Tongass National Forest
surface lands.
(11) The Tongass National Forest lands identified in this
Act for selection by and conveyance to Cape Fox and Sealaska,
subject to valid existing rights, provide a means to resolve
some of the Cape Fox and Sealaska ANCSA land entitlement issues
without significantly affecting Tongass National Forest
resources, uses or values.
(12) Adjustment of Cape Fox's selections and conveyances of
land under ANCSA through the provisions of this Act, and the
related adjustment of Sealaska's selections and conveyances
hereunder, are in accordance with the purposes of ANCSA and
otherwise in the public interest.
SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LANDS.
Notwithstanding the provisions of section 16(b) of ANCSA (43 U.S.C.
1615(b)), Cape Fox shall not be required to select or receive
conveyance of approximately 160 acres of Federal unconveyed lands
within Section 1, T. 75 S., R. 91 E., C.R.M.
SEC. 4. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.
(a) Selection and Conveyance of Surface Estate.--In addition to
lands made available for selection under ANCSA, within 24 months after
the date of enactment of this Act, Cape Fox may select, and, upon
receiving written notice of such selection, the Secretary of the
Interior shall convey approximately 99 acres of the surface estate of
Tongass National Forest lands outside Cape Fox's current exterior
selection boundary, specifically that parcel described as follows:
(1) T. 73 S., R. 90 E., C.R.M.
(2) Section 33: SW portion of SE\1/4\: 38 acres.
(3) Section 33: NW portion of SE\1/4\: 13 acres.
(4) Section 33: SE\1/4\ of SE\1/4\: 40 acres.
(5) Section 33: SE\1/4\ of SW\1/4\: 8 acres.
(b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox
of the surface estate to the lands identified in subsection (a), the
Secretary of the Interior shall convey to Sealaska the subsurface
estate to the lands.
(c) Timing.--The Secretary of the Interior shall complete the
interim conveyances to Cape Fox and Sealaska under this section within
180 days after the Secretary of the Interior receives notice of the
Cape Fox selection under subsection (a).
SEC. 5. EXCHANGE OF LANDS BETWEEN CAPE FOX AND THE TONGASS NATIONAL
FOREST.
(a) General.--The Secretary of Agriculture shall offer, and if
accepted by Cape Fox, shall exchange the Federal lands described in
subsection (b) for lands and interests therein identified by Cape Fox
under subsection (c) and, to the extent necessary, lands and interests
therein identified under subsection (d).
(b) Lands To Be Exchanged to Cape Fox.--The lands to be offered for
exchange by the Secretary of Agriculture are Tongass National Forest
lands comprising approximately 2,663.9 acres in T. 36 S., R. 62 E.,
C.R.M. and T. 35 S., R. 62 E., C.R.M., as designated upon a map
entitled ``Proposed Kensington Project Land Exchange'', dated March 18,
2002, and available for inspection in the Forest Service Region 10
regional office in Juneau, Alaska.
(c) Lands To Be Exchanged to the United States.--Cape Fox shall be
entitled, within 60 days after the date of enactment of this Act, to
identify in writing to the Secretaries of Agriculture and the Interior
the lands and interests in lands that Cape Fox proposes to exchange for
the Federal lands described in subsection (b). The lands and interests
in lands shall be identified from lands previously conveyed to Cape Fox
comprising approximately 2,900 acres and designated as parcels A-1 to
A-3, B-1 to B-3, and C upon a map entitled ``Cape Fox Corporation ANCSA
Land Exchange Proposal'', dated March 15, 2002, and available for
inspection in the Forest Service Region 10 regional office in Juneau,
Alaska. Lands identified for exchange within each parcel shall be
contiguous to adjacent National Forest System lands and in reasonably
compact tracts. The lands identified for exchange shall include a
public trail easement designated as D on said map, unless the Secretary
of Agriculture agrees otherwise. The value of the easement shall be
included in determining the total value of lands exchanged to the
United States.
(d) Valuation of Exchange Lands.--The Secretary of Agriculture
shall determine whether the lands identified by Cape Fox under
subsection (c) are equal in value to the lands described in subsection
(b). If the lands identified under subsection (c) are determined to
have insufficient value to equal the value of the lands described in
subsection (b), Cape Fox and the Secretary shall mutually identify
additional Cape Fox lands for exchange sufficient to equalize the value
of lands conveyed to Cape Fox. Such land shall be contiguous to
adjacent National Forest System lands and in reasonably compact tracts.
(e) Conditions.--The offer and conveyance of Federal lands to Cape
Fox in the exchange shall, notwithstanding section 14(f) of ANCSA, be
of the surface and subsurface estate, but subject to valid existing
rights and all other provisions of section 14(g) of ANCSA.
(f) Timing.--The Secretary of Agriculture shall attempt, within 90
days after the date of enactment of this Act, to enter into an
agreement with Cape Fox to consummate the exchange consistent with this
Act. The lands identified in the exchange agreement shall be exchanged
by conveyance at the earliest possible date after the exchange
agreement is signed. Subject only to conveyance from Cape Fox to the
United States of all its rights, title and interests in the Cape Fox
lands included in the exchange consistent with this title, the
Secretary of the Interior shall complete the interim conveyance to Cape
Fox of the Federal lands included in the exchange within 180 days after
the execution of the exchange agreement by Cape Fox and the Secretary
of Agriculture.
SEC. 6. EXCHANGE OF LANDS BETWEEN SEALASKA AND THE TONGASS NATIONAL
FOREST.
(a) General.--Upon conveyance of the Cape Fox lands included in the
exchange under section 5 and conveyance and relinquishment by Sealaska
in accordance with this title of the lands and interests in lands
described in subsection (c), the Secretary of the Interior shall convey
to Sealaska the Federal lands identified for exchange under subsection
(b).
(b) Lands To Be Exchanged to Sealaska.--The lands to be exchanged
to Sealaska are to be selected by Sealaska from Tongass National Forest
lands comprising approximately 9,329 acres in T. 36 S., R. 62 E.,
C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., C.R.M.,
as designated upon a map entitled ``Proposed Sealaska Corporation Land
Exchange Kensington Lands Selection Area'', dated April 2002 and
available for inspection in the Forest Service Region 10 Regional
Office in Juneau, Alaska. Within 60 days after receiving notice of the
identification by Cape Fox of the exchange lands under section 5(c),
Sealaska shall be entitled to identify in writing to the Secretaries of
Agriculture and the Interior the lands that Sealaska selects to receive
in exchange for the Sealaska lands described in subsection (c). Lands
selected by Sealaska shall be in no more than two contiguous and
reasonably compact tracts that adjoin the lands described for exchange
to Cape Fox in section 5(b). The Secretary of Agriculture shall
determine whether these selected lands are equal in value to the lands
described in subsection (c) and may adjust the amount of selected lands
in order to reach agreement with Sealaska regarding equal value. The
exchange conveyance to Sealaska shall be of the surface and subsurface
estate in the lands selected and agreed to by the Secretary but subject
to valid existing rights and all other provisions of section 14(g) of
ANCSA.
(c) Lands To Be Exchanged to the United States.--The lands and
interests therein to be exchanged by Sealaska are the subsurface estate
underlying the Cape Fox exchange lands described in section 5(c), an
additional approximately 2,506 acres of the subsurface estate
underlying Tongass National Forest surface estate, described in Interim
Conveyance No. 1673, and rights to be additional approximately 2,698
acres of subsurface estate of Tongass National Forest lands remaining
to be conveyed to Sealaska from Group 1, 2 and 3 lands as set forth in
the Sealaska Corporation/United States Forest Service Split Estate
Exchange Agreement of November 26, 1991, at Schedule B, as modified on
January 20, 1995.
(d) Timing.--The Secretary of Agriculture shall attempt, within 90
days after receipt of the selection of lands by Sealaska under
subsection (b), to enter into an agreement with Sealaska to consummate
the exchange consistent with this Act. The lands identified in the
exchange agreement shall be exchanged by conveyance at the earliest
possible date after the exchange agreement is signed. Subject only to
the Cape Fox and Sealaska conveyances and relinquishments described in
subsection (a), the Secretary of the Interior shall complete the
interim conveyance to Sealaska of the Federal lands selected for
exchange within 180 days after execution of the agreement by Sealaska
and the Secretary of Agriculture.
(e) Modification of Agreement.--The executed exchange agreement
under this section shall be considered a further modification of the
Sealaska Corporation/United States Forest Service Split Estate Exchange
Agreement, as ratified in section 17 of Public Law 102-415 (October 14,
1992).
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Equal Value Requirement.--The exchanges described in this Act
shall be of equal value. Cape Fox and Sealaska shall have the
opportunity to present to the Secretary of Agriculture estimates of
value of exchange lands with supporting information.
(b) Title.--Cape Fox and Sealaska shall convey and provide evidence
of title satisfactory to the Secretary of Agriculture for their
respective lands to be exchanged to the United States under this Act,
subject only to exceptions, reservations and encumbrances in the
interim conveyance or patent from the United States or otherwise
acceptable to the Secretary of Agriculture.
(c) Hazardous Substances.--Cape Fox, Sealaska, and the United
States each shall not be subject to liability for the presence of any
hazardous substance in land or interests in land solely as a result of
any conveyance or transfer of the land or interests under this Act.
(d) Effect on ANCSA Selections.--Any conveyance of Federal surface
or subsurface lands to Cape Fox or Sealaska under this Act shall be
considered, for all purposes, land conveyed pursuant to ANCSA. Nothing
in this Act shall be construed to change the total acreage of land
entitlement of Cape Fox or Sealaska under ANCSA. Cape Fox and Sealaska
shall remain charged for any lands they exchange under this Act and any
lands conveyed pursuant to section 4, but shall not be charged for any
lands received under section 5 or section 6. The exchanges described in
this Act shall be considered, for all purposes, actions which lead to
the issuance of conveyances to Native Corporations pursuant to ANCSA.
Lands or interests therein transferred to the United States under this
Act shall become and be administered as part of the Tongass National
Forest.
(e) Effect on Statehood Selections.--Lands conveyed to or selected
by the State of Alaska under the Alaska Statehood Act (Public Law 85-
508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for
selection or conveyance under this Act without the consent of the State
of Alaska.
(f) Maps.--The maps referred to in this Act shall be maintained on
file in the Forest Service Region 10 Regional Office in Juneau, Alaska.
The acreages cited in this Act are approximate, and if there is any
discrepancy between cited acreage and the land depicted on the
specified maps, the maps shall control. The maps do not constitute an
attempt by the United States to convey State or private land.
(g) Easements.--Notwithstanding section 17(b) of ANCSA, Federal
lands conveyed to Cape Fox or Sealaska pursuant to this Act shall be
subject only to the reservation of public easements mutually agreed to
and set forth in the exchange agreements executed under this Act. The
easements shall include easements necessary for access across the lands
conveyed under this Act for use of national forest or other public
lands.
(h) Old Growth Reserves.--The Secretary of Agriculture shall add an
equal number of acres to old growth reserves on the Tongass National
Forest as are transferred out of Federal ownership as a result of this
Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of Agriculture.--There are authorized to be
appropriated to the Secretary of Agriculture such sums as may be
necessary for value estimation and related costs of exchanging lands
specified in this Act, and for road rehabilitation, habitat and timber
stand improvement, including thinning and pruning, on lands acquired by
the United States under this Act.
(b) Department of the Interior.--There are authorized to be
appropriated to the Secretary of the Interior such sums as may be
necessary for land surveys and conveyances pursuant to this Act. | Cape Fox Land Entitlement Adjustment Act of 2003 - Provides that Cape Fox Corporation shall not be required under the Alaska Native Claims Settlement Act (ANCSA) to select or receive conveyance of 160 nonproductive acres. Permits Cape Fox to select and the Secretary of the Interior to convey 99 acres of the surface estate of Tongass National Forest lands outside Cape Fox's current exterior selection boundary. Directs the Secretary to convey the subsurface estate to those lands to Sealaska Corporation.Directs the Secretary of Agriculture to offer and, if accepted by Cape Fox, to exchange specified Tongass National Forest lands for lands and interests identified by Cape Fox from specified lands previously conveyed to it. States that the Cape Fox land conveyed to the Federal Government shall include a public trail easement unless the Secretary of Agriculture agrees otherwise.Requires the Secretary of the Interior, upon conveyance by Cape Fox of such lands and conveyance and relinquishment by Sealaska of the subsurface estate underlying those lands and other specified Tongass National Forest lands, to convey to Sealaska Tongass National Forest lands selected by Sealaska from a specified area. Requires: (1) such exchange to be considered a modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement; and (2) conveyances under this Act by the Federal Government to be considered to be conveyances pursuant to ANCSA.Subjects Federal lands conveyed to Cape Fox and Sealaska under this Act to reservations of public easements only as mutually agreed to in the relevant exchange agreements, with such easements to be for access across the lands conveyed for use of national forests or other public land. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Historic Ball Park Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Park.--The term ``park'' means a stadium designated as
a National Historic Ball Park by section 3.
(2) Commission.--The term ``Advisory Commission'' means the
National Historic Ball Park Acquisition Advisory Commission
established and reestablished under section 7.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. DESIGNATION OF HISTORIC BALL PARKS.
In order to preserve the character of the following areas and to
provide for the interpretation of the significant contribution of these
areas to American culture, each of the following stadiums is hereby
designated as a National Historic Ball Park:
(1) Tiger Stadium, Detroit, Michigan.
(2) Fenway Park, Boston, Massachusetts.
(3) Wrigley Field, Chicago, Illinois.
(4) Yankee Stadium, New York, New York.
SEC. 4. COOPERATION AGREEMENTS FOR PRESERVATION OF NATIONAL HISTORIC
BALL PARKS.
(a) In General.--The Secretary shall seek to enter into cooperative
agreements with the owners of any of the parks specified in section 3
for the protection and preservation of the park. Each cooperative
agreement shall provide--
(1) that the owners will hold and preserve the historic
property of the park and will not undertake or permit the
alteration or removal of historic features or the erection of
markers, structures, or buildings without the prior concurrence
of the Secretary; and
(2) that the public will have reasonable access to those
portions of the property to which access is necessary in the
judgment of the Secretary for the proper appreciation and
interpretation of its historical and architectural value.
(b) Technical Advice.--The Secretary may provide technical advice
to the owners of a park in carrying out this Act.
(c) Donations.--Notwithstanding any other provision of law, the
Secretary may accept and expend donations of funds, property, or
services from individuals, foundations, corporations, or public
entities for the purpose of providing services and facilities which he
deems consistent with the purposes of this Act.
(d) Interpretive Centers.--Pursuant to such cooperative agreements
and notwithstanding any other provision of law, the Secretary may,
directly or by contract, construct interpretive facilities on real
property not in Federal ownership and may maintain and operate programs
in connection therewith as the Secretary deems appropriate in carrying
out this Act.
SEC. 5. RIGHT OF FIRST REFUSAL.
(a) Notification of Intention To Transfer Park.--If an owner of a
park intends to transfer or otherwise dispose of the park, the owner
shall notify the Secretary in writing of such intention.
(b) Exercise of First Refusal.--Within the six-month period after
receipt of notice under subsection (a), the Secretary shall respond in
writing as to his interest in exercising a right of first refusal to
acquire the park under section 6. If, within such period, the Secretary
declines to respond in writing or expresses no interest in exercising
such right, the owner may proceed to transfer such interests. If the
Secretary responds in writing within such period and expresses an
interest and intention to exercise a right of first refusal, the
Secretary shall initiate an action to exercise such right within six
months after the date of the Secretary's response. If the Secretary
fails to initiate action to exercise such right within such six months,
the owner may proceed to otherwise transfer such interests.
SEC. 6. ACQUISITION OF NATIONAL HISTORIC BALL PARKS BY THE UNITED
STATES.
(a) In General.--The Secretary, after receiving recommendations of
the Advisory Commission pursuant to section 7, may, subject to the
availability of funds, acquire land, interests in land, and
improvements thereon within the boundaries of a park by donation or
purchase with donated or appropriated funds. Land may not be acquired
under this section without the consent of the owner thereof. Each park
acquired by the United States under this Act shall be added to and
administered as a unit of the National Park System.
(b) Administration.--The Secretary shall administer each park
acquired by the United States under this Act in accordance with this
Act and with the provisions of law generally applicable to units of the
National Park System, including the Act entitled ``An Act to establish
a National Park Service, and for other purposes'', approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21,
1935 (49 Stat. 666; 16 U.S.C. 461-467).
(c) Cooperative Agreements With State.--In administering each park
acquired by the United States under this Act, the Secretary is
authorized to enter into cooperative agreements with the State in which
the park is located, or any political subdivision thereof, for the
rendering, on a reimbursable basis, of rescue, firefighting, and law
enforcement services and cooperative assistance by nearby law
enforcement and fire preventive agencies and for other appropriate
purposes.
SEC. 7. NATIONAL HISTORIC BALL PARK ACQUISITION ADVISORY COMMISSION.
(a) Establishment.--
(1) Initial establishment.--There is established a National
Historic Ball Park Acquisition Advisory Commission for the
purpose specified in subsection (b)(1).
(2) Subsequent reestablishments.--After the termination of
the Advisory Commission established pursuant to paragraph (1),
the Secretary, upon determining in the discretion of the
Secretary that a situation described in paragraph (3) exists,
shall notify the Speaker and minority leader of the House of
Representatives and the majority and minority leaders of the
Senate and publish notice of such determination in the Federal
Register. Upon publication of such notice, the National
Historic Ball Park Acquisition Advisory Commission is
reestablished for the purpose specified in subsection (b)(2).
(3) Situations requiring the establishment of advisory
commission.--Situations which require the reestablishment of an
Advisory Commission under this section include the following:
(A) Notification by the owner or owners of the park
of the desire to sell the park.
(B) The park is subject to, or threatened with,
uses which are having, or would have, an adverse impact
on the park.
(b) Purpose and Duties.--Not later than six months after members
are appointed to the Advisory Commission under subsection (c), the
Advisory Commission--
(1) established under subsection (a)(1) shall conduct a
study and submit a report to the Secretary and to the Congress
with recommendations concerning methods of financing the
acquisition of a park by the United States under section 6; and
(2) reestablished under section (a)(2) shall, for the
purpose of advising the Secretary on the purchase of a park
under this Act, conduct a study concerning the acquisition of
the park pursuant to this Act and advise the Secretary on
whether to acquire the park and matters relating thereto,
including--
(A) how the park can best be used for public
purposes in a manner compatible with the National Park
System, taking into account the location of the park
and the needs of the community concerned; and
(B) methods of financing such acquisition.
(c) Membership.--
(1) Number and appointment.--The Advisory Commission shall
be composed of seven members appointed as follows:
(A) Two Members of the House of Representatives,
one of whom shall be appointed by the Speaker, and the
other shall be appointed by the minority leader, of the
House of Representatives.
(B) Two Members of the Senate, one of whom shall be
appointed by the majority leader, and the other shall
be appointed by the minority leader, of the Senate.
(C) One member appointed by the President.
(D) One member appointed by the Secretary of the
Interior.
(E) One member appointed by the Chairperson of the
Ball Parks Committee of the Society for American
Baseball Research, who shall be a representative of the
professional sport with the major use of the park.
(2) Terms.--Each member shall be appointed for the life of
the Advisory Commission, including a member appointed to the
Advisory Commission as a Member of Congress who ceases to be a
Member of Congress.
(3) Vacancies.--Any member appointed to fill a vacancy
occurring in the Advisory Commission shall be appointed only
for the remaining life of the Advisory Commission. A vacancy in
the Advisory Commission shall be filled within 30 days after
the creation of the vacancy in the manner in which the original
appointment was made.
(4) Pay and travel expenses.--(A) Members of the Advisory
Commission shall serve without pay as such.
(B) Each member shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(5) Quorum.-- Five members of the Advisory Commission shall
constitute a quorum but a lesser number may hold hearings.
(6) Chairperson.--The Chairperson of the Advisory
Commission shall be elected by the members.
(7) Meetings.--The Advisory Commission shall meet at the
call of the Chairperson or a majority of its members and shall
meet on a regular basis. Notice of meetings and agenda shall be
published in local newspapers which have a distribution which
generally covers the area affected by the park. Advisory
Commission meetings shall be held at locations and in such a
manner as to ensure adequate public involvement.
(d) Director and Staff.--
(1) Appointment.--The Advisory Commission shall, without
regard to section 5311(b) of title 5, United States Code,
appoint and fix the pay of a Director and such additional staff
as it considers appropriate. The Director and staff of the
Advisory Commission may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of that title relating to classification and
General Schedule pay rates.
(2) Experts and consultants.--The Advisory Commission may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
(3) Staff of federal agencies.--Upon request of the
Advisory Commission, the head of any Federal department or
agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Advisory
Commission to assist it in carrying out its duties under this
Act.
(e) Powers.--
(1) Hearings and sessions.--The Advisory Commission may,
for the purpose of carrying out this Act, hold hearings, sit
and act at times and places, take testimony, and receive
evidence as the Advisory Commission considers appropriate.
(2) Powers of members and agents.--Any member or agent of
the Advisory Commission may, if authorized by the Advisory
Commission, take any action which the Advisory Commission is
authorized to take by this section.
(3) Obtaining official data.--The Advisory Commission may
secure directly from any department or agency of the United
States information necessary to enable it to carry out this
Act. Upon request of the Chairperson of the Advisory
Commission, the head of that department or agency shall furnish
that information to the Advisory Commission.
(4) Mails.--The Advisory Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Advisory Commission, the Administrator of General Services
shall provide to the Advisory Commission, on a reimbursable
basis, the administrative support services necessary for the
Advisory Commission to carry out its responsibilities under
this Act.
(e) Charter.--The provisions of section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are hereby
waived with respect to this Advisory Commission.
(f) Termination.--The Advisory Commission established under
subsection (a)(1) shall terminate upon the submission of its report
under subsection (c)(1), and each Advisory Commission reestablished
under subsection (a)(2) shall terminate six months after the date on
which all members of the Advisory Commission are first appointed under
subsection (c).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | National Historic Ball Park Act - Designates Tiger Stadium in Detroit, Michigan, Fenway Park in Boston, Massachusetts, Wrigley Field in Chicago, Illinois, and Yankee Stadium in New York, New York, as National Historic Ball Parks.
Directs the Secretary of the Interior to seek to enter into cooperative agreements with the owners of any of the Parks for the protection and preservation of the Park.
Authorizes the Secretary to: (1) accept and expend donations of funds, property, or services to provide services and facilities consistent with this Act; (2) construct interpretive facilities on non-Federal property; and (3) maintain and operate appropriate programs in connection with such facilities.
Requires an owner of a Park to notify the Secretary of an intent to transfer or otherwise dispose of the Park. Sets forth provisions relating to the exercise of the Secretary's right of first refusal to acquire such Park.
Authorizes the Secretary, under specified conditions, to acquire land, interests in land, and improvements within the boundaries of a Park by donation or purchase with donated or appropriated funds. Requires such Park to be added to and administered as a unit of the National Park System.
Establishes a National Historic Ball Park Acquisition Advisory Commission to make recommendations concerning methods of financing the acquisition of a Park.
Authorizes appropriations. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as ``The Genomes to Life Research and
Development Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Department of Energy's Genomes to Life initiative
involves the emerging fields of systems biology and proteomics,
which address the ability to understand the composition and
function of the biochemical networks and pathways that carry
out the essential processes of living organisms.
(2) The Genomes to Life initiative builds on the Department
of Energy's integral role in the Human Genome Project, which
has led to the mapping, sequencing and identification of
genetic material. Genomes to Life will go beyond mapping to
develop an understanding of how genetic components interact to
perform cellular activities vital to life.
(3) The ability of the United States to respond to the
national security, energy and environmental challenges of the
21st century will be driven by science and technology. An
integrated and predictive understanding of biological systems
will enable the United States to develop new technologies
related to the detection of biological and chemical agents,
energy production, carbon sequestration, bioremediation and
other Department of Energy statutory missions. These advances
will also enhance the strength of U.S. science, technology, and
medicine generally.
(4) The fundamental intellectual challenges inherent in the
Genomes to Life initiative are considerable, and require public
support for basic and applied research and development.
Significant advances in areas such as the characterization of
multiprotein complexes and gene regulatory networks will be
required before biologically-based solutions and technologies
will be useful in national security applications, as well as to
the energy, medical and agricultural industries.
(5) The development of new scientific instruments will also
be required to advance Genomes to Life research. Such
instruments are likely to be large and costly. Specialized
facilities are also likely to be required in order to advance
the field and to realize its promise. Such facilities will be
sufficiently expensive that they will have to be located and
constructed on a centralized basis, similar to a number of
unique facilities already managed by the Department of Energy.
(6) Contributions from individual researchers as well as
multidisciplinary research teams will be required to advance
systems biology and proteomics.
(7) The Department of Energy's Office of Science is well
suited to manage systems biology and proteomics research for
the Department. Through its support of research and development
pursuant to the Department's statutory authorities, the Office
of Science is the principal federal supporter of the research
and development in the physical and computational sciences. The
Office is also a significant source of federal support for
research in genomics and the life sciences. The Office supports
research and development by individual investigators and
multidisciplinary teams, and manages special user facilities
that serve investigators in both university and industry.
SEC. 3. DEPARTMENT OF ENERGY PROGRAM.
(a) Establishment.--The Secretary shall carry out a program of
research, development, demonstration, and commercial application, to be
known as the Genomes to Life Program, in systems biology and proteomics
consistent with the Department's statutory authorities.
(b) Planning.--
(1) In general.--The Secretary shall prepare a program plan
describing how knowledge and capabilities would be developed by
the program and applied to Department missions relating to
energy, environmental cleanup, and mitigation of global climate
change.
(2) Consultation.--The program plan will be developed in
consultation with other relevant Department technology
programs.
(3) Long-term goals.--The program plan shall focus science
and technology on long-term goals including--
(A) contributing to U.S. independence from foreign
energy sources,
(B) stabilizing atmospheric levels of carbon
dioxide to counter global warming,
(C) advancing environmental cleanup, and
(D) providing the science and technology basis for
new industries in biotechnology.
(4) Specific goals.--The program plan shall identify
appropriate research, development, demonstration, and
commercial application activities to address the following
issues within the next decade--
(A) identifying new biological sources of fuels and
electricity, with particular emphasis on creating
biological technologies for the production and
utilization of hydrogen;
(B) understanding the Earth's natural carbon cycle
and create strategies to stabilize atmospheric carbon
dioxide;
(C) developing a knowledge and capability base for
exploring more cost effective cleanup strategies for
Department sites; and
(D) capturing key biological processes in
engineered systems not requiring living cells.
(c) Program Execution.--In carrying out the program under this Act,
the Secretary shall--
(1) support individual investigators and multidisciplinary
teams of investigators;
(2) subject to subsection (d), develop, plan, construct,
acquire, or operate special equipment or facilities for the use
of investigators conducting research, development,
demonstration, or commercial application in systems biology and
proteomics;
(3) support technology transfer activities to benefit
industry and other users of systems biology and proteomics;
(4) coordinate activities by the Department with industry
and other federal agencies; and
(5) award funds authorized under this Act only after an
impartial review of the scientific and technical merit of the
proposals for such awards has been carried out by or for the
Department.
(d) Genomes to Life User Facilities and Ancillary Equipment.--
(1) Authorization.--Within the funds authorized to be
appropriated pursuant to this Act, the amounts specified under
section 4(b) shall, subject to appropriations, be available for
projects to develop, plan, construct, acquire, or operate
special equipment, instrumentation, or facilities for
investigators conducting research, development, demonstration,
and commercial application in systems biology and proteomics
and associated biological disciplines.
(2) Projects.--Projects under paragraph (1) may include--
(A) the identification and characterization of
multiprotein complexes;
(B) characterization of gene regulatory networks;
characterization of the functional repertoire of
complex microbial communities in their natural
environments at the molecular level; and
(C) development of computational methods and
capabilities to advance understanding of complex
biological systems and predict their behavior.
(3) Facilities.--Facilities under paragraph (1) may include
facilities for--
(A) the production and characterization of
proteins;
(B) whole proteome analysis;
(C) characterization and imaging of molecular
machines; and
(D) analysis and modeling of cellular systems.
(4) Collaboration.--The Secretary shall encourage
collaborations among universities, laboratories and industry at
facilities under this subsection. All facilities under this
subsection shall have a specific mission of technology transfer
to other institutions.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Total Authorization.--The following sums are authorized to be
appropriated to the Secretary, to remain available until expended, for
the purposes of carrying out this Act:
(1) $100,000,000 for fiscal year 2004.
(2) $170,000,000 for fiscal year 2005.
(3) $325,000,000 for fiscal year 2006.
(4) $415,000,000 for fiscal year 2007.
(5) $455,000,000 for fiscal year 2008.
(b) User Facilities and Ancillary Equipment.--Of the funds under
subsection (a), the following sums are authorized to be appropriated to
carry out section 3(d):
(1) $16,000,000 for fiscal year 2004.
(2) $70,000,000 for fiscal year 2005.
(3) $175,000,000 for fiscal year 2006.
(4) $215,000,000 for fiscal year 2007.
(5) $205,000,000 for fiscal year 2008.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Proteomics.--The term ``proteomics'' means the
determination of the structure, function, and expression of the
proteins encoded in any genome, including new protein sequences
encoded in a genome for which the structural or functional
correlates are not currently known.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Biological and Environmental
Research Program of the Office of Science of the Department. | The Genomes to Life Research and Development Act - Directs the Secretary of Energy to implement a program of research, development, demonstration, and commercial application, to be known as the Genomes to Life Program, in systems biology and proteomics (the determination of the structure, function, and expression of proteins encoded in any genome, including new protein sequences encoded in a genome for which the structural or functional correlates are not currently known).
Directs the Secretary to prepare a program plan describing how knowledge and capabilities would be developed and applied to Department of Energy missions relating to energy, environmental cleanup, and mitigation of global climate change. | billsum_train |
Create a condensed overview of the following text: SECTION 1. ESTATE AND GIFT TAX RATES REDUCED TO 30 PERCENT.
(a) Estate Tax.--
(1) In general.--Section 2001 of the Internal Revenue Code
of 1986 (relating to estate tax) is amended by striking
subsections (b) and (c) and by inserting after subsection (a)
the following new subsection:
``(b) Computation of Tax.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(1) 30 percent of the sum of--
``(A) the amount of the taxable estate, and
``(B) the amount of the adjusted taxable gifts,
over
``(2) the aggregate amount of tax paid under chapter 12
with respect to gifts made by the decedent after December 31,
1976.
For purposes of paragraph (1)(B), the term `adjusted taxable gifts'
means the total amount of the taxable gifts (within the meaning of
section 2503) made by the decedent after December 31, 1976, other than
gifts which are includible in the gross estate of the decedent.''
(2) Conforming amendments.--
(A) Subsection (b) of section 2101 of such Code is
amended to read as follows:
``(b) Computation of Tax.--The tax imposed by this section shall be
the amount equal to the excess (if any) of--
``(1) 30 percent of the sum of--
``(A) the amount of the taxable estate, and
``(B) the amount of the adjusted taxable gifts,
over
``(2) the aggregate amount of tax paid under chapter 12
with respect to gifts made by the decedent after December 31,
1976.''
(B) Subsection (c) of section 2102 of such Code is
amended--
(i) by striking ``$13,000'' each place it
appears and inserting ``$20,000'', and
``(ii) by striking ``$46,800'' and
inserting ``$52,500''.
(b) Gift Tax.--
(1) In general.--Section 2502 of such Code is amended to
read as follows:
``SEC. 2502. RATE OF TAX.
``(a) General Rule.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to 30 percent of the sum of the
taxable gifts for such calendar year.
``(b) Tax To Be Paid by Donor.--The tax imposed by section 2501
shall be paid by the donor.''
(2) Conforming amendments.--
(A) Subchapter A of chapter 12 of such Code is
amended by striking section 2504.
(B) The table of sections for such subchapter is
amended by striking the item relating to section 2504.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act.
SEC. 2. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $10,000,000
EXCLUSION; INFLATION ADJUSTMENT OF UNIFIED CREDIT.
(a) In General.--Subsection (c) of section 2010 of the Internal
Revenue Code of 1986 (relating to applicable credit amount) is amended
by striking all that follows ``were the applicable exclusion amount''
and inserting ``. For purposes of the preceding sentence, the
applicable exclusion amount is $10,000,000.''
(b) Inflation Adjustment.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Cost-of-Living Adjustment.--In the case of any decedent
dying, and gift made, in a calendar year after 2003, the $10,000,000
amount set forth in subsection (c) shall be increased by an amount
equal to--
``(1) $10,000,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2002' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''
(c) Conforming Amendment.--Subparagraph (A) of section 2057(a)(3)
of such Code is amended by striking ``$625,000'' and inserting ``the
excess of the applicable exclusion amount (determined without regard to
this paragraph) over $675,000''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act.
SEC. 3. ANNUAL GIFT TAX EXCLUSION INCREASED TO $50,000.
(a) In General.--Subsection (b) of section 2503 of the Internal
Revenue Code of 1986 (relating to exclusion from gifts) is amended by
striking ``$10,000'' each place it appears and inserting ``$50,000''.
(b) Conforming Amendment.--Paragraph (2) of section 2503(b) of such
Code is amended--
(1) by striking ``1998'' and inserting ``2003'', and
(2) by striking ``1997'' and inserting ``2002''.
(c) Effective Date.--The amendments made by this section shall
apply to gifts made after December 31, 2002. | Amends the Internal Revenue Code to: (1) reduce estate and gift tax rates to 30 percent; (2) increase the exclusion equivalent of the unified credit to $10 million; and (3) increase the annual gift tax exclusion to $50,000. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Route Approval Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) To maintain our Nation's competitive edge and ensure an
economy built to last, the United States must have fast,
reliable, resilient, and environmentally sound means of moving
energy. In a global economy, we will compete for the world's
investments based in significant part on the quality of our
infrastructure. Investing in the Nation's infrastructure
provides immediate and long-term economic benefits for local
communities and the Nation as a whole.
(2) The delivery of oil from Canada, a close ally not only
in proximity but in shared values and ideals, to domestic
markets is in the national interest because of the need to
lessen dependence upon insecure foreign sources.
(3) The Keystone XL pipeline would provide both short-term
and long-term employment opportunities and related labor income
benefits, such as government revenues associated with taxes.
(4) The State of Nebraska has thoroughly reviewed and
approved the proposed Keystone XL pipeline reroute, concluding
that the concerns of Nebraskans have had a major influence on
the pipeline reroute and that the reroute will have minimal
environmental impacts.
(5) The Department of State and other Federal agencies have
over a long period of time conducted extensive studies and
analysis of the technical aspects and of the environmental,
social, and economic impacts of the proposed Keystone XL
pipeline, and--
(A) the Department of State assessments found that
the Keystone XL pipeline ``is not likely to impact the
amount of crude oil produced from the oil sands'' and
that ``approval or denial of the proposed project is
unlikely to have a substantial impact on the rate of
development in the oil sands'';
(B) the Department of State found that incremental
life-cycle greenhouse gas emissions associated with the
Keystone XL project are estimated in the range of 0.07
to 0.83 million metric tons of carbon dioxide
equivalents, with the upper end of this range
representing twelve one-thousandths of one percent of
the 6,702 million metric tons of carbon dioxide emitted
in the United States in 2011; and
(C) after extensive evaluation of potential impacts
to land and water resources along the Keystone XL
pipeline's 875 mile proposed route, the Department of
State found that ``The analyses of potential impacts
associated with construction and normal operation of
the proposed Project suggest that there would be no
significant impacts to most resources along the
proposed Project route (assuming Keystone complies with
all laws and required conditions and measures).''.
(6) The transportation of oil via pipeline is the safest
and most economically and environmentally effective means of
doing so, and--
(A) transportation of oil via pipeline has a record
of unmatched safety and environmental protection, and
the Department of State found that ``Spills associated
with the proposed Project that enter the environment
expected to be rare and relatively small'', and that
``there is no evidence of increased corrosion or other
pipeline threat due to viscosity'' of diluted bitumen
oil that will be transported by the Keystone XL
pipeline; and
(B) plans to incorporate 57 project-specific
special conditions related to the design, construction,
and operations of the Keystone XL pipeline led the
Department of State to find that the pipeline will have
``a degree of safety over any other typically
constructed domestic oil pipeline''.
(7) The Keystone XL is in much the same position today as
the Alaska Pipeline in 1973 prior to congressional action. Once
again, the Federal regulatory process remains an insurmountable
obstacle to a project that is likely to reduce oil imports from
insecure foreign sources.
SEC. 3. KEYSTONE XL PERMIT APPROVAL.
Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note),
Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3,
United States Code, and any other Executive order or provision of law,
no Presidential permit shall be required for the pipeline described in
the application filed on May 4, 2012, by TransCanada Keystone Pipeline,
L.P. to the Department of State for the Keystone XL pipeline, as
supplemented to include the Nebraska reroute evaluated in the Final
Evaluation Report issued by the Nebraska Department of Environmental
Quality in January 2013 and approved by the Nebraska governor. The
final environmental impact statement issued by the Secretary of State
on August 26, 2011, coupled with the Final Evaluation Report described
in the previous sentence, shall be considered to satisfy all
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
SEC. 4. JUDICIAL REVIEW.
(a) Exclusive Jurisdiction.--Except for review by the Supreme Court
on writ of certiorari, the United States Court of Appeals for the
District of Columbia Circuit shall have original and exclusive
jurisdiction to determine--
(1) the validity of any final order or action (including a
failure to act) of any Federal agency or officer with respect
to issuance of a permit relating to the construction or
maintenance of the Keystone XL pipeline, including any final
order or action deemed to be taken, made, granted, or issued;
(2) the constitutionality of any provision of this Act, or
any decision or action taken, made, granted, or issued, or
deemed to be taken, made, granted, or issued under this Act; or
(3) the adequacy of any environmental impact statement
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), or of any analysis under any other
Act, with respect to any action taken, made, granted, or
issued, or deemed to be taken, made, granted, or issued under
this Act.
(b) Deadline for Filing Claim.--A claim arising under this Act may
be brought not later than 60 days after the date of the decision or
action giving rise to the claim.
(c) Expedited Consideration.--The United States Court of Appeals
for the District of Columbia Circuit shall set any action brought under
subsection (a) for expedited consideration, taking into account the
national interest of enhancing national energy security by providing
access to the significant oil reserves in Canada that are needed to
meet the demand for oil.
SEC. 5. AMERICAN BURYING BEETLE.
(a) Findings.--The Congress finds that--
(1) environmental reviews performed for the Keystone XL
pipeline project satisfy the requirements of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) in its
entirety; and
(2) for purposes of that Act, the Keystone XL pipeline
project will not jeopardize the continued existence of the
American burying beetle or destroy or adversely modify American
burying beetle critical habitat.
(b) Biological Opinion.--The Secretary of the Interior is deemed to
have issued a written statement setting forth the Secretary's opinion
containing such findings under section 7(b)(1)(A) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the
American burying beetle that is incidental to the construction or
operation and maintenance of the Keystone XL pipeline as it may be
ultimately defined in its entirety, shall not be considered a
prohibited taking of such species under such Act.
SEC. 6. RIGHT-OF-WAY AND TEMPORARY USE PERMIT.
The Secretary of the Interior is deemed to have granted or issued a
grant of right-of-way and temporary use permit under section 28 of the
Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the
application tendered to the Bureau of Land Management for the Keystone
XL pipeline.
SEC. 7. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS.
(a) Issuance of Permits.--The Secretary of the Army, not later than
90 days after receipt of an application therefor, shall issue all
permits under section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) and section 10 of the Act of March 3, 1899 (33 U.S.C.
403; commonly known as the Rivers and Harbors Appropriations Act of
1899), necessary for the construction, operation, and maintenance of
the pipeline described in the May 4, 2012, application referred to in
section 3, as supplemented by the Nebraska reroute. The application
shall be based on the administrative record for the pipeline as of the
date of enactment of this Act, which shall be considered complete.
(b) Waiver of Procedural Requirements.--The Secretary may waive any
procedural requirement of law or regulation that the Secretary
considers desirable to waive in order to accomplish the purposes of
this section.
(c) Issuance in Absence of Action by the Secretary.--If the
Secretary has not issued a permit described in subsection (a) on or
before the last day of the 90-day period referred to in subsection (a),
the permit shall be deemed issued under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act
of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following
such last day.
(d) Limitation.--The Administrator of the Environmental Protection
Agency may not prohibit or restrict an activity or use of an area that
is authorized under this section.
SEC. 8. MIGRATORY BIRD TREATY ACT PERMIT.
The Secretary of the Interior is deemed to have issued a special
purpose permit under the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.), as described in the application filed with the United States
Fish and Wildlife Service for the Keystone XL pipeline on January 11,
2013.
SEC. 9. OIL SPILL RESPONSE PLAN DISCLOSURE.
(a) In General.--Any pipeline owner or operator required under
Federal law to develop an oil spill response plan for the Keystone XL
pipeline shall make such plan available to the Governor of each State
in which such pipeline operates to assist with emergency response
preparedness.
(b) Updates.--A pipeline owner or operator required to make
available to a Governor a plan under subsection (a) shall make
available to such Governor any update of such plan not later than 7
days after the date on which such update is made.
Passed the House of Representatives May 22, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Northern Route Approval Act - (Sec. 1) Declares that a presidential permit shall not be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, including the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. (Sec. 3) Deems the final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with such Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969 and of the National Historic Preservation Act. (Sec. 4) Grants original and exclusive jurisdiction to the U.S. Court of Appeals for the District of Columbia Circuit to determine specified issues (except for review by the Supreme Court on writ of certiorari). (Sec. 5) Deems the Secretary of the Interior to have issued a written statement setting forth the Secretary's opinion that the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat. States that any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline shall not be considered a prohibited taking of such species under the Endangered Species Act of 1973. (Sec. 6) Deems the Secretary to have issued a grant of right-of-way and temporary use permit pursuant to the Mineral Leasing Act and the Federal Land Policy and Management Act of 1976. (Sec. 7) Requires the Secretary of the Army, within 90 days after receipt of an application, to issue certain permits under the Federal Water Pollution Control Act and the Rivers and Harbors Appropriations Act of 1899 which are necessary for pipeline construction, operation, and maintenance described in the May 4, 2012, application, as supplemented by the Nebraska reroute. Deems such a permit issued on the 91st day if the Secretary has not issued them within 90 days after receipt of a permit application. Authorizes such Secretary to waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this Act. Prohibits the Administrator of the Environmental Protection Agency (EPA) from prohibiting or restricting an activity or use of an area authorized under this Act. (Sec. 8) Deems the Secretary to have issued a special purpose permit under the Migratory Bird Treaty Act, as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013. (Sec. 9) Requires a pipeline owner or operator required under federal law to develop an oil spill response plan for the Keystone XL pipeline to make such plan available to the governor of each state in which the pipeline operates. Requires a plan update to be submitted to the governor within seven days after it is made. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Gateways and
Watertrails Act of 1997''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chesapeake bay gateways sites.--The term ``Chesapeake
Bay Gateways sites'' means the Chesapeake Bay Gateways sites
identified under section 5(a)(2).
(2) Chesapeake bay gateways and watertrails network.--The
term ``Chesapeake Bay Gateways and Watertrails Network'' means
the network of Chesapeake Bay Gateways sites and Chesapeake Bay
Watertrails created under section 5(a)(5).
(3) Chesapeake bay watershed.--The term ``Chesapeake Bay
Watershed'' shall have the meaning determined by the Secretary.
(4) Chesapeake bay watertrails.--The term ``Chesapeake Bay
Watertrails'' means the Chesapeake Bay Watertrails established
under section 5(a)(4).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (acting through the Director of the National
Park Service).
SEC. 3. FINDINGS.
Congress finds that--
(1) the Chesapeake Bay is a national treasure and a
resource of international significance;
(2) the region within the Chesapeake Bay watershed
possesses outstanding natural, cultural, historical, and
recreational resources that combine to form nationally
distinctive and linked waterway and terrestrial landscapes;
(3) there is a need to study and interpret the connection
between the unique cultural heritage of human settlements
throughout the Chesapeake Bay Watershed and the waterways and
other natural resources that led to the settlements and on
which the settlements depend; and
(4) as a formal partner in the Chesapeake Bay Program, the
Secretary has an important responsibility--
(A) to further assist regional, State, and local
partners in efforts to increase public awareness of and
access to the Chesapeake Bay;
(B) to help communities and private landowners
conserve important regional resources; and
(C) to study, interpret, and link the regional
resources with each other and with Chesapeake Bay
Watershed conservation, restoration, and education
efforts.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to identify opportunities for increased public access
to and education about the Chesapeake Bay;
(2) to provide financial and technical assistance to
communities for conserving important natural, cultural,
historical, and recreational resources within the Chesapeake
Bay Watershed; and
(3) to link appropriate national parks, waterways,
monuments, parkways, wildlife refuges, other national historic
sites, and regional or local heritage areas into a network of
Chesapeake Bay Gateways sites and Chesapeake Bay Watertrails.
SEC. 5. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS NETWORK.
(a) In General.--The Secretary shall provide technical and
financial assistance, in cooperation with other Federal agencies, State
and local governments, nonprofit organizations, and the private
sector--
(1) to identify, conserve, restore, and interpret natural,
recreational, historical, and cultural resources within the
Chesapeake Bay Watershed;
(2) to identify and utilize the collective resources as
Chesapeake Bay Gateways sites for enhancing public education of
and access to the Chesapeake Bay;
(3) to link the Chesapeake Bay Gateways sites with trails,
tour roads, scenic byways, and other connections as determined
by the Secretary;
(4) to develop and establish Chesapeake Bay Watertrails
comprising water routes and connections to Chesapeake Bay
Gateways sites and other land resources within the Chesapeake
Bay Watershed; and
(5) to create a network of Chesapeake Bay Gateways sites
and Chesapeake Bay Watertrails.
(b) Components.--Components of the Chesapeake Bay Gateways and
Watertrails Network may include--
(1) State or Federal parks or refuges;
(2) historic seaports;
(3) archaeological, cultural, historical, or recreational
sites; or
(4) other public access and interpretive sites as selected
by the Secretary.
SEC. 6. CHESAPEAKE BAY GATEWAYS GRANTS ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall establish a Chesapeake Bay
Gateways Grants Assistance Program to aid State and local governments,
local communities, nonprofit organizations, and the private sector in
conserving, restoring, and interpreting important historic, cultural,
recreational, and natural resources within the Chesapeake Bay
Watershed.
(b) Criteria.--The Secretary shall develop appropriate eligibility,
prioritization, and review criteria for grants under this section.
(c) Matching Funds and Administrative Expenses.--A grant under this
section--
(1) shall not exceed 50 percent of eligible project costs;
(2) shall be made on the condition that non-Federal
sources, including in-kind contributions of services or
materials, provide the remainder of eligible project costs; and
(3) shall be made on the condition that not more than 10
percent of all eligible project costs be used for
administrative expenses.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$3,000,000 for each fiscal year. | Chesapeake Bay Gateways and Watertrails Act of 1997 - Directs the Secretary of the Interior to provide technical and financial assistance to: (1) identify, conserve, restore, and interpret natural, recreational, historical, and cultural resources within the Chesapeake Bay watershed; (2) identify and utilize such sources as Chesapeake Bay Gateways sites for enhancing public education of and access to the Bay; (3) link such Gateways sites with trails, roads, byways, and other connections; (4) develop and establish Chesapeake Bay Watertrails comprising water routes and connections to the Gateways sites and other land resources within the watershed; and (5) create a network of Gateways sites and Watertrails, including within such network State or Federal parks or refuges, historic seaports, and archaeological, cultural, historical, or recreational sites.
Directs the Secretary to establish a Chesapeake Bay Gateways Grants Assistance Program.
Authorizes appropriations. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hadiya Pendleton and Nyasia Pryear-
Yard Gun Trafficking and Crime Prevention Act of 2015''.
SEC. 2. FIREARMS TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Trafficking in firearms
``(a) Offenses.--It shall be unlawful for any person, regardless of
whether anything of value is exchanged--
``(1) to ship, transport, transfer, or otherwise dispose to
a person, 2 or more firearms in or affecting interstate or
foreign commerce, if the transferor knows or has reasonable
cause to believe that such use, carry, possession, or
disposition of the firearm would be in violation of, or would
result in a violation of any Federal, State, or local law
punishable by a term of imprisonment exceeding 1 year;
``(2) to receive from a person, 2 or more firearms in or
affecting interstate or foreign commerce, if the recipient
knows or has reasonable cause to believe that such receipt
would be in violation of, or would result in a violation of any
Federal, State, or local law punishable by a term of
imprisonment exceeding 1 year;
``(3) to make a statement to a licensed importer, licensed
manufacturer, or licensed dealer relating to the purchase,
receipt, or acquisition from a licensed importer, licensed
manufacturer, or licensed dealer of 2 or more firearms that
have moved in or affected interstate or foreign commerce that--
``(A) is material to--
``(i) the identity of the actual buyer of
the firearms; or
``(ii) the intended trafficking of the
firearms; and
``(B) the person knows or has reasonable cause to
believe is false; or
``(4) to direct, promote, or facilitate conduct specified
in paragraph (1), (2), or (3).
``(b) Penalties.--
``(1) In general.--Any person who violates, or conspires to
violate, subsection (a) shall be fined under this title,
imprisoned for not more than 20 years, or both.
``(2) Organizer enhancement.--If a violation of subsection
(a) is committed by a person in concert with 5 or more other
persons with respect to whom such person occupies a position of
organizer, a supervisory position, or any other position of
management, such person may be sentenced to an additional term
of imprisonment of not more than 5 consecutive years.
``(c) Definitions.--In this section--
``(1) the term `actual buyer' means the individual for whom
a firearm is being purchased, received, or acquired; and
``(2) the term `term of imprisonment exceeding 1 year' does
not include any offense classified by the applicable
jurisdiction as a misdemeanor and punishable by a term of
imprisonment of 2 years or less.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Trafficking in firearms.''.
(c) Directive to the Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and, if appropriate, amend
the Federal sentencing guidelines and policy statements
applicable to persons convicted of offenses under section 932
of title 18, United States Code (as added by subsection (a)).
(2) Requirements.--In carrying out this section, the
Commission shall--
(A) review the penalty structure that the
guidelines currently provide based on the number of
firearms involved in the offense and determine whether
any changes to that penalty structure are appropriate
in order to reflect the intent of Congress that such
penalties reflect the gravity of the offense; and
(B) review and amend, if appropriate, the
guidelines and policy statements to reflect the intent
of Congress that guideline penalties for violations of
section 932 of title 18, United States Code, and
similar offenses be increased substantially when
committed by a person who is a member of a gang,
cartel, organized crime ring, or other such enterprise
or in concert with another person who is a member of a
gang, cartel, organized crime ring or other such
enterprise. | Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2015 This bill amends the federal criminal code to make trafficking in firearms a crime. Specifically, it prohibits, with respect to two or more firearms, the following: transfer to or receipt by a prohibited person or a person who plans a subsequent transfer that results in unlawful use, possession, or disposition of such firearms; providing false statements in connection with the purchase, receipt, or acquisition of such firearms; and directing, promoting, or facilitating such prohibited conduct. A person who commits or conspires to commit a gun trafficking offense is subject to a prison term of up to 20 years (or 25 years if such person also acted as an organizer). The U.S. Sentencing Commission must review and, if appropriate, amend the sentencing guidelines and policy statements that apply to persons convicted of trafficking in firearms. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Real Outreach for Veterans
Act of 2008'' or the ``PRO-VETS Act of 2008''.
SEC. 2. SHARING INFORMATION TO IMPROVE VETERANS' ACCESS TO BENEFITS.
(a) Agreement on Data Transfer.--
(1) In general.--The Secretary of Veterans Affairs shall
enter an agreement with the Secretary of Defense providing for
the transfer of data to the Secretary of Veterans Affairs in
accordance with this section for the purpose of providing
members of the Armed Forces and veterans with individualized
information about veterans benefits each member and veteran may
be eligible for.
(2) Contents of agreement.--
(A) Specific criteria for identification of data.--
The agreement shall specify criteria to identify data
of the Department of Defense, including personnel data
and data contained in an electronic medical record
system, that the Secretary of Defense and the Secretary
of Veterans Affairs agree could be used by the
Secretary of Veterans Affairs--
(i) to determine the eligibility of a
member of the Armed Forces or veteran for
veterans benefits; and
(ii) as an indicator of a likelihood that a
member of the Armed Forces or veteran is
eligible for veterans benefits.
(B) Electronic data transfer method.--The agreement
shall contain a description of an efficient electronic
method to be used for the transfer of data identified
in accordance with the criteria specified under
subparagraph (A) under the agreement.
(C) Transfer of data.--Under the agreement, the
Secretary of Defense shall transfer data identified in
accordance with the criteria under subparagraph (A) to
the Secretary of Veterans Affairs as follows:
(i) In the case of a member of the Armed
Forces who is scheduled for discharge or
separation from service, at the time the
Secretary of Defense first learns of the
scheduled discharge or separation, but not
later than one month after the date of
discharge or separation.
(ii) In the case of a member of the Armed
Forces or veteran not covered under clause (i),
at such time as is specified under the
agreement, but subject to subsection (e).
(b) Identification of Benefits Available.--
(1) Generation of initial list.--Not later than 7 days
after the date the Secretary of Veterans Affairs receives data
concerning a member of the Armed Forces or veteran under the
agreement under subsection (a), the Secretary shall compile a
list with respect to the member or veteran of all veterans
benefits for which the member or veteran may be eligible based
on the data. The list shall be divided into--
(A) benefits for which the member or veteran has a
high probability of being eligible; and
(B) all other benefits for which the member or
veteran may be eligible.
(2) Updated benefits list.--The Secretary shall update the
list under paragraph (1) with respect to a member of the Armed
Forces or veteran on an annual basis using any information that
the Department of Veterans Affairs may possess about the member
or veteran.
(c) Notification of Available Benefits.--
(1) Initial notification.--Upon compiling the list of
benefits under subsection (b)(1)(A) with respect to a member of
the Armed Forces or veteran, the Secretary of Veterans Affairs
shall send a notice of the benefits to the member or veteran or
the legal representative of the member or veteran. The notice
shall also contain an explanation of each such benefit and a
summary of any application requirements and procedures that the
member or veteran must comply with to be eligible to receive
the benefit.
(2) Subsequent notifications.--
(A) Second notice.--If a member of the Armed Forces
or veteran provided a notice under paragraph (1) does
not apply for any benefit listed in the notice by the
end of the 60-day period beginning on the date that the
Secretary sent the notice, the Secretary shall send a
second notice to the member or veteran or the legal
representative of the member or veteran. The notice
shall contain the same information as the notice sent
to the member, veteran, or legal representative under
paragraph (1).
(B) Subsequent annual notices.--If a member of the
Armed Forces or veteran provided a notice under
subparagraph (A) does not apply for any benefit listed
in the notice by the end of the year beginning on the
date that the Secretary sent the notice, the Secretary
shall send a subsequent notice to the member or veteran
or the legal representative of the member or veteran.
The notice shall contain information on the veterans
benefits for which the member or veteran has a high
probability of being eligible based on the updated list
under subsection (b)(2) with respect to the member or
veteran.
(3) Notices based on changed circumstances.--
(A) In general.--The Secretary shall send a notice
to the member or veteran or the legal representative of
the member or veteran if, based on data available to
the Secretary, the Secretary identifies a member of the
Armed Forces or veteran as having a high probability of
being eligible for a veterans benefit and--
(i) the member or veteran has not applied
for the benefit;
(ii) the Secretary has not sent the member
or veteran a notice under this subsection with
respect to the benefit; and
(iii) the Secretary has not informed the
member or veteran of the benefit under
subsection (d)(2) or any other provision of
law.
(B) Contents.--The notice under subparagraph (A)
shall contain information on the benefit for which the
veteran has a high probability of being eligible, an
explanation of such benefit, and a summary of any
application requirements and procedures that the member
or veteran must comply with to be eligible to receive
the benefit.
(4) Option to decline further notices.--
(A) In general.--The Secretary shall provide each
member of the Armed Forces and veteran that is sent a
notice under this subsection with the option to decline
further notices under this subsection.
(B) Notice of option.--Each notice under this
subsection shall include information concerning the
option to decline further notices under this
subsection.
(C) Prohibition of further notices.--If a member of
the Armed Forces or veteran declines further notices
under this paragraph, the Secretary may not send any
notices under this section to the member or veteran
after the date the member or veteran declines further
notices.
(5) Method of delivery of notices.--
(A) In general.--Subject to subparagraph (B), all
notices under this subsection shall be sent--
(i) by mail; and
(ii) electronically, if the Secretary has
electronic contact information for the member,
veteran, or legal representative of the member
or veteran.
(B) Option on method of delivery of notices.--The
Secretary shall provide each member and veteran with
the opportunity to be sent notices under this
subsection solely--
(i) by mail; or
(ii) through electronic methods, such as
email.
(d) Application Process.--
(1) Streamlined application process.--
(A) In general.--The Secretary of Veterans Affairs
shall use the data received under subsection (a) and
any additional relevant data that the Department of
Veterans Affairs has in its possession to reduce the
amount of information that a member of the Armed Forces
or veteran must provide when the member or veteran
applies to the Department for veterans benefits. The
use of such data may include prepopulating a paper or
Web-based application form to be used by the member or
veteran with the data.
(B) Confirmation.--The Secretary may require that a
member of the Armed Forces or veteran confirm or verify
any data that the Department of Veterans Affairs uses
under subparagraph (A) to determine the eligibility of
the member or veteran for veterans benefits.
(2) Evaluation of eligibility.--
(A) Review of list.--When evaluating a member of
the Armed Forces or veteran for eligibility for
veterans benefits, the Secretary shall review the list
of benefits for the member or veteran compiled under
subsection (b).
(B) Disclosure of information.--If the Secretary
determines that the member or veteran has a high
probability of being eligible for a benefit so listed
for which the member or veteran did not apply, the
Secretary shall inform the member or veteran of the
benefit and of the opportunity to apply for the
benefit.
(C) Record of disclosure.--If the Secretary informs
a member or veteran of a benefit under subparagraph
(B), the Secretary shall keep a record, for a period of
not less than 5 years, that contains, at a minimum,--
(i) the date on which the Secretary
informed the member or veteran of such benefit;
(ii) the name of the member or veteran; and
(iii) a general description of the
information provided to the member or veteran
by the Secretary.
(3) Notice of denial.--Not later than 30 days after the
date a member of the Armed Forces or veteran is determined not
eligible for a veterans benefit for which the member or veteran
has applied, the Secretary shall provide notice to the member
or veteran of the determination. The notice shall include an
explanation of the reason for the determination.
(e) Transition Period.--Not later than 5 years after the date of
enactment of this Act, for all veterans discharged from the Armed
Forces prior to the date of enactment of this Act, the Secretary of
Defense shall transfer to the Department of Veterans Affairs all data
that exists in electronic systems of the Department of Defense on the
date of the transfer and that meet the criteria specified in subsection
(a)(2)(A).
(f) Relation to Other Law.--The Secretary of Veterans Affairs shall
implement this section in a manner that does not conflict with the
processes, procedures, and standards for the transition of recovering
members of the Armed Forces from care and treatment through the
Department of Defense to care, treatment, and rehabilitation through
the Department of Veterans Affairs under section 1614 of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note).
(g) Privacy.--
(1) In general.--The Secretary of Defense shall provide a
member of the Armed Forces or a veteran the opportunity to
decline authorization for the transfer under subsection (a) of
some or all of the data associated with the member or veteran.
(2) Consent presumed.--If a member of the Armed Forces or
veteran does not decline an authorization under paragraph (1),
the member or veteran shall be treated as having authorized the
transfer of data under subsection (a) until any date on which
the member or veteran declines the authorization of the
transfer.
(3) Prohibition of data transfer.--Data associated with a
member of the Armed Forces or a veteran may not be transferred
under subsection (a) after any date on which the member or
veteran declines the authorization of such transfer under
paragraph (1).
(4) Construction.--
(A) Health insurance portability and accountability
act.--Nothing in this section shall be construed as
waiving regulations promulgated under section 264(c) of
the Health Insurance Portability and Accountability Act
of 1996 (Public Law 104-191).
(B) Privacy act.--Transfers of data to the
Secretary of Veterans Affairs under the agreement under
subsection (a) shall be treated as a routine use of a
record for purposes of section 552a of title 5, United
States Code.
(h) Definitions.--For purposes of this section:
(1) Veteran.--The term ``veteran'' has the meaning given
such term under section 101 of title 38, United States Code.
(2) Armed forces.--The term ``Armed Forces'' shall have the
meaning given the term ``armed forces'' under section 101 of
title 10, United States Code.
(3) Veterans benefits.--The term ``veterans benefits''
means benefits under laws administered by the Secretary of
Veterans Affairs. | Providing Real Outreach for Veterans Act of 2008 or PRO-VETS Act of 2008 - Directs the Secretary of Veterans Affairs (Secretary) to enter into an agreement with the Secretary of Defense for the transfer of data to the Secretary for providing members of the Armed Forces and veterans with individualized information concerning veterans' benefits that each member and veteran may be eligible for. Requires the Secretary, after receiving such data, to: (1) compile a list of all benefits for which each member or veteran may be eligible; (2) notify the member or veteran (or their legal representative) of such benefits; and (3) provide a second notification if the member or veteran does not apply for a listed benefit within 60 days, as well as annual notifications thereafter. Requires additional notifications based on changed circumstances. Allows each member or veteran the option to decline further notifications.
Directs the Secretary to use transferred data to reduce the amount of information that a member or veteran must provide when applying for benefits.
Requires the Secretary of Defense to provide a member or veteran the opportunity to decline authorization for the transfer of information under this Act. | billsum_train |
Create a condensed overview of the following text: SECTION 1. DEFINITIONS.
As used in this Act:
(1) Disability.--The term ``disability'' has the same
meaning given to such term by section 3(2) of the Americans
with Disabilities Act of 1990.
(2) Educational organization.--The term ``educational
organization'' means any organization or entity that is engaged
in the business of providing educational programs to minors for
a fee. Such term does not include a local educational agency,
an elementary school, a secondary school, an organization
sponsored by an elementary or secondary school, a recreational
organization, or a social club.
(3) Elementary school.--The term ``elementary school'' has
the same meaning given to such term by section 1471(8) of the
Elementary and Secondary Education Act of 1965.
(4) Educational program.--The term ``educational program''
means a program, service, activity or seminar which has as its
primary function the presentation of formal instruction, is
offered away from a student's regular place of school
attendance, includes at least one supervised night away from
home, and is intended to enhance a student's regular course of
study. Such term does not include a recreational program, or a
social or religious activity.
(5) Local educational agency.--The term ``local educational
agency'' has the same meaning given to such term by section
1471(12) of the Elementary and Secondary Education Act of 1965.
(6) Minor.--The term ``minor'' means an individual who has
not attained the age of 18.
(7) Parent.--The term ``parent'' includes a legal guardian
or other person standing in loco parentis.
(8) Secondary school.--The term ``secondary school'' has
the same meaning given to such term by section 1471(21) of the
Elementary and Secondary Education Act of 1965.
(9) Membership organization.--The term ``membership
organization'' includes any organization that maintains a
membership list or collects dues or membership fees from its
members.
(10) Recreational organization.--The term ``recreational
organization'' includes any organization or entity that has as
its primary function pleasure, amusement, or sports activities.
(11) Recreational programs.--The term ``recreational
programs'' includes any activity or service that is intended as
an entertainment pastime.
SEC. 2. DISCLOSURE REQUIREMENTS.
Each educational organization, prior to accepting funds for the
cost of a minor's participation in an educational program operated by
such organization, shall disclose the following information in written
form to the minor or the minor's parent:
(1) Method of solicitation and selection.--The method of
solicitation and selection of participants in the educational
program, including--
(A) the origin of any mailing list used for such
solicitation and selection;
(B) any recruitment through teacher or school
personnel, including any enticements offered to such
teacher or personnel for the recommendation of a minor
for participation in the educational program;
(C) any open enrollment activity, including the
method of outreach; and
(D) any cooperation with, or sponsorship by, a
membership organization, including a description of the
cooperation or sponsorship and the name of each such
organization.
(2) Costs and fees.--Information regarding the cost of the
educational program and information regarding the distribution
of any enrollment fee, including--
(A) the amount paid for, and the percentage of the
total educational program cost of, each feature of the
educational program, including--
(i) food;
(ii) lodging;
(iii) transportation;
(iv) program staffing;
(v) textbooks, syllabi, or other scholastic
educational program materials;
(vi) speaker fees; and
(vii) administrative expenses, including
expenses related to--
(I) the preparation of non-
scholastic educational program
materials;
(II) the provision of financial
assistance;
(III) mailing list rental or other
recruitment activity; and
(IV) administrative salaries and
consulting fees;
(B) the identity of the organization or business
providing each of the features described in clauses (i)
through (vii) of subparagraph (A); and
(C) the nature of any relationship of any board
member, officer, or employee of the educational
organization to any organization or business described
in subparagraph (B), including the salary or other
compensation paid by such organization or business to
such Board member, officer, or employee.
SEC. 3. NONDISCRIMINATORY ENROLLMENT AND SERVICE POLICY.
(a) In General.--Each educational organization shall include a
verifiable statement on all enrollment or recruitment material that the
educational organization does not--
(1) fail or refuse to hire, or discharge, any individual,
or otherwise discriminate against any individual with respect
to compensation, terms, conditions, or privileges of
employment; or
(2) exclude any student from participation in an
educational program, discriminate against any student in
providing the benefits associated with such program (including
any scholarship or financial assistance, and use of any
facility), or subject the student to discrimination under such
program,
on the basis of race, disability, or residence in a low-income area.
(b) Construction.--Nothing in this section shall be construed to
entitle a student to--
(1) participation in an educational program or any benefit
associated with such program; or
(2) a waiver of any fee charged for such participation or
benefit.
SEC. 4. ENFORCEMENT.
(a) In General.--The Secretary of Education shall monitor
compliance with the provisions of this Act.
(b) Civil Penalty.--If an educational organization knowingly
violates any provision of this Act, the Secretary of Education, after
notice and opportunity for hearing, may impose on such organization a
civil fine of not more than $1,000 for each such violation. | Requires educational organizations that offer educational programs to minors for a fee to disclose certain information in written form to the minor or the minor's parent before accepting funds for the cost of the minor's participation in such a program. (Excludes from the definition of educational organization a local educational agency, an elementary or secondary school or organization sponsored by such a school, a recreational organization, or a social club.)
Requires each such educational organization to include a verifiable statement of nondiscriminatory enrollment and employment policy on all enrollment or recruitment material.
Directs the Secretary of Education to monitor compliance with this Act. Authorizes imposition of civil fines for violations. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lesser Prairie Chicken National
Habitat Preservation Area Act of 2007''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Sand Ranch Preservation Area is one of the best
strongholds of the Lesser Prairie Chicken and possibly the most
accessible place for the public to view them.
(2) The Preservation Area is also inhabited by the Sand
Dune Lizard, which is found nowhere else in the world except in
the sand dune blowout-shinnery oak habitat of southeast New
Mexico and adjacent areas of Texas.
(3) Both the Lesser Prairie Chicken and the Sand Dune
Lizard are species of concern which will only benefit from
additional conservation. Such conservation will be achieved
through the establishment of the Sand Ranch Preservation Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) State land.--The term ``State land'' means the land
administered by the Secretary, acting through the State,
consisting of approximately 5,018 acres, as depicted on the
map.
(2) Map.--The term ``map'' means the map titled ``Lesser
Prairie Chicken National Habitat Preservation Area and Land
Exchange'' and dated October 17, 2007.
(3) Non-federal land.--The term ``non-Federal land'' means
the approximately 14,048 acres of State land, as depicted on
the map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) County.--The term ``County'' means the County of
Chaves.
(7) Preservation area.--The term ``Preservation Area''
means the Lesser Prairie Chicken National Habitat Preservation
Area.
SEC. 4. LAND EXCHANGE.
(a) In General.--The Secretary shall convey to the State all right,
title, and interest of the United States in and to the Federal land.
(b) Consideration.--As consideration for the conveyance of the
Federal land under subsection (a), the State shall convey to the United
States all right, title, and interest of the State in and to the non-
Federal land.
(c) Interests Included in Exchange.--Subject to valid existing
rights, the land exchange under this Act shall include the conveyance
of all surface, subsurface, mineral, and water rights to the Federal
land and non-Federal land.
(d) Compliance With Federal Land Policy and Management Act.--The
Secretary shall carry out the land exchange under this Act in
accordance with section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716).
(e) No Amendment to Management Plan Required.--The exchange of
Federal land and non-Federal land shall not require an amendment to the
Mimbres Resource Management Plan.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions for the land exchange as the
Secretary considers to be appropriate to protect the interests of the
United States.
SEC. 5. LESSER PRAIRIE CHICKEN NATIONAL HABITAT PRESERVATION AREA.
(a) Establishment; Purposes.--There is established in the County
the Lesser Prairie Chicken National Habitat Preservation Area to
protect, conserve, and enhance habitat for the Lesser Prairie Chicken.
(b) Boundaries.--The Preservation Area shall consist of
approximately 39,462 acres of public land in the County, including
those lands acquired under section 4, as generally depicted on the map.
(c) Maps and Legal Description.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall submit to
Congress a map and legal description of the Preservation Area.
(2) Force and effect.--The map and legal description
submitted under paragraph (1) 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
legal description.
(3) Public availability.--Copies of the map and legal
description submitted under paragraph (1) shall be on file and
available for public inspection in--
(A) the Office of the Director of the Bureau of
Land Management;
(B) the Office of the State Director;
(C) the Office of the Pecos District Manager of the
Bureau of Land Management; and
(D) the Office of the County Clerk in Roswell, New
Mexico.
SEC. 6. MANAGEMENT OF THE PRESERVATION AREA.
(a) In General.--The Secretary shall manage the Preservation Area--
(1) in a manner that protects, conserves, and enhances the
habitat for the Lesser Prairie Chicken; and (2) in accordance
with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) any other applicable laws.
(b) Uses.--
(1) In general.--The Secretary shall allow only uses of the
Preservation Area that the Secretary determines will further
the purposes for which the Preservation Area is established.
(2) Use of motorized vehicles.--Except as needed for
administrative purposes or to respond to an emergency, the use
of motorized vehicles or mechanized transport in the
Preservation Area shall be allowed only on roads and trails
designated for vehicular use under the management plan so long
as such use is in conformance with the purposes of this Act.
(c) Withdrawals.--Subject to valid existing rights (including lease
rights) and historic rights of access, all Federal land within the
Preservation Area and any land and interests in land acquired for the
Preservation Area by the United States after the date of the enactment
of this Act are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposal under the mineral leasing, mineral materials,
and geothermal leasing laws.
(d) Hunting and Trapping.--
(1) In general.--Subject to paragraph (2), hunting and
trapping shall be allowed in the Preservation Area.
(2) Limitations.--
(A) Regulations.--The Secretary may designate by
regulation areas in which, and establish periods during
which, for reasons of public safety, administration, or
compliance with applicable laws, no hunting or trapping
will be permitted in the Preservation Area.
(B) Consultation.--Except in emergencies, the
Secretary shall consult with, and obtain the approval
of, the appropriate State agency before promulgating
regulations under subparagraph (A) that close a portion
of the Preservation Area to hunting and trapping.
(e) Grazing.--The Secretary may allow grazing solely for the
purpose of vegetative management to enhance Lesser Prairie Chicken
habitat.
(f) No Buffer Zones.--
(1) In general.--There shall be no protective perimeter or
buffer zone around the Preservation Area.
(2) Activities outside preservation area.--The fact than an
activity or use of land is not permitted on land within the
Preservation Area shall not preclude the activity or use
outside the boundary of the Preservation Area or on private
land within the Preservation Area, consistent with other
applicable law.
(g) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-Federal land
in the Preservation Area only--
(A) from a willing seller; and
(B) through purchase, exchange, or donation.
(2) Management.--Land acquired under paragraph (1) shall by
managed as part of the Preservation Area in accordance with
this Act.
(h) Interpretative Sites.--The Secretary may establish sites in the
Preservation Area to permit the interpretation of the historical,
cultural, scientific, archaeological, natural, and education resources
of the Preservation Area.
(i) Water Rights.--Nothing in this Act constitutes an express or
implied reservation of any water right.
SEC. 7. MANAGEMENT PLAN.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop a comprehensive plan
for the long-range protection and management of the Preservation Area.
(b) Contents.--The management plan shall--
(1) describe the appropriate uses and management of the
Preservation Area in accordance with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) other applicable laws;
(2) incorporate, as appropriate, decisions in any other
management or activity plan for the land within or adjacent to
the Preservation Area; and
(3) take into consideration--
(A) any information developed in studies of the
land within or adjacent to the Preservation Area; and
(B) the historical involvement of the local
community in the interpretation and protection of the
resources of the Preservation Area. | Lesser Prairie Chicken National Habitat Preservation Area Act of 2007 - Requires the exchange of certain federal and non-federal lands in New Mexico concerning the establishment under this Act of the Lesser Prairie Chicken Habitat Preservation Area in the County of Chaves, New Mexico.
Establishes the Preservation Area for the protection, conservation, and enhancement of habitat for the lesser prairie chicken. Provides for such area to comprise certain public land in the county, as well as those non-federal lands acquired under the land exchange.
Authorizes the Secretary of the Interior to: (1) only allow uses of the Preservation Area that will further the purposes for which it is established; and (2) acquire non-federal land in the Preservation Area only from a willing seller or through purchase, exchange, or donation.
Requires the Secretary to develop a plan for the long-range protection and management of the Preservation Area. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Year 2016 Department of
Veterans Affairs Seismic Safety and Construction Authorization Act''.
SEC. 2. AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY PROJECTS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Findings.--Congress finds the following:
(1) The Consolidated Appropriations Act, 2016 (Public Law
114-113), which was signed by the President on December 18,
2015, included the following amounts to be appropriated to the
Department of Veterans Affairs:
(A) $35,000,000 to make seismic corrections to
Building 208 at the West Los Angeles Medical Center of
the Department in Los Angeles, California, which,
according to the Department, is a building that is
designated as having an exceptionally high risk of
sustaining substantial damage or collapsing during an
earthquake.
(B) $158,000,000 to provide for the construction of
a new research building, site work, and demolition at
the San Francisco Veterans Affairs Medical Center.
(C) $161,000,000 to replace Building 133 with a new
community living center at the Long Beach Veterans
Affairs Medical Center, which, according to the
Department, is a building that is designated as having
an extremely high risk of sustaining major damage
during an earthquake.
(D) $468,800,000 for construction projects that are
critical to the Department for ensuring health care
access and safety at medical facilities in Louisville,
Kentucky, Jefferson Barracks in St. Louis, Missouri,
Perry Point, Maryland, American Lake, Washington,
Alameda, California, and Livermore, California.
(2) The Department is unable to obligate or expend the
amounts described in paragraph (1), other than for construction
design, because the Department lacks an explicit authorization
by an Act of Congress pursuant to section 8104(a)(2) of title
38, United States Code, to carry out the major medical facility
projects described in such paragraph.
(3) Among the major medical facility projects described in
paragraph (1), three are critical seismic safety projects in
California.
(4) Every day that the critical seismic safety projects
described in paragraph (3) are delayed increases the risk of a
life-threatening building failure in the case of a major
seismic event.
(5) According to the United States Geological Survey--
(A) California has more than a 99-percent chance of
experiencing an earthquake of magnitude 6.7 or greater
in the next 30 years;
(B) even earthquakes of less severity than
magnitude 6.7 can cause life threatening damage to
seismically unsafe buildings; and
(C) in California, earthquakes of magnitude 6.0 or
greater occur on average once every 1.2 years.
(b) Authorization.--The Secretary of Veterans Affairs may carry out
the following major medical facility projects, with each project to be
carried out in an amount not to exceed the amount specified for that
project:
(1) Seismic corrections to buildings, including
retrofitting and replacement of high-risk buildings, in San
Francisco, California, in an amount not to exceed $180,480,000.
(2) Seismic corrections to facilities, including facilities
to support homeless veterans, at the medical center in West Los
Angeles, California, in an amount not to exceed $105,500,000.
(3) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $287,100,000.
(4) Construction of an outpatient clinic, administrative
space, cemetery, and columbarium in Alameda, California, in an
amount not to exceed $87,332,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $194,430,000.
(6) Construction of a medical center in Louisville,
Kentucky, in an amount not to exceed $150,000,000.
(7) Construction of a replacement community living center
in Perry Point, Maryland, in an amount not to exceed
$92,700,000.
(8) Seismic corrections and other renovations to several
buildings and construction of a specialty care building in
American Lake, Washington, in an amount not to exceed
$16,260,000.
(c) Authorization of Appropriations for Construction.--There is
authorized to be appropriated to the Secretary of Veterans Affairs for
fiscal year 2016 or the year in which funds are appropriated for the
Construction, Major Projects, account, $1,113,802,000 for the projects
authorized in subsection (b).
(d) Limitation.--The projects authorized in subsection (b) may only
be carried out using--
(1) funds appropriated for fiscal year 2016 pursuant to the
authorization of appropriations in subsection (c);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2016 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2016 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2016 for a category of activity not specific to
a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2016 for a category of
activity not specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after fiscal year 2016 for a category of
activity not specific to a project. | Fiscal Year 2016 Department of Veterans Affairs Seismic Safety and Construction Authorization Act This bill authorizes the Department of Veterans Affairs (VA) to carry out the following major medical facility projects (each with specified maximum authorized funds): seismic corrections to buildings, including retrofitting and replacement of high-risk buildings, in San Francisco, California; seismic corrections to facilities, including facilities to support homeless veterans, at the medical center in West Los Angeles, California; seismic corrections to the mental health and community living center in Long Beach, California; construction of an outpatient clinic, administrative space, cemetery, and columbarium in Alameda, California; realignment of medical facilities in Livermore, California; construction of a medical center in Louisville, Kentucky; construction of a replacement community living center in Perry Point, Maryland; and seismic corrections and other renovations to several buildings and construction of a specialty care building in American Lake, Washington. A specified amount is authorized to be appropriated to the VA for such projects for FY2016 or the year in which funds are appropriated for the Construction, Major Projects, account. Such projects may only be carried out using specified funds. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulletproof Vest Partnership Grant
Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had the protection of
an armor vest;
(2) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(3) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
an armor vest is 14 times higher than for officers wearing an
armor vest;
(4) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States; and
(5) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply, despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS.
(a) Matching Funds.--Section 2501(f) (42 U.S.C. 3796ll(f)) of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended--
(1) by striking ``The portion'' and inserting the
following:
``(1) The portion'';
(2) by striking ``subsection (a)'' and all that follows
through the period at the end of the first sentence and
inserting ``subsection (a)--
``(A) may not exceed 50 percent; and
``(B) shall equal 50 percent, if--
``(i) such grant is to a unit of local
government with fewer than 100,000 residents;
``(ii) the Director of the Bureau of
Justice Assistance determines that the quantity
of vests to be purchased with such grant is
reasonable; and
``(iii) such portion does not cause such
grant to violate the requirements of subsection
(e).''; and
(3) by striking ``Any funds'' and inserting the following:
``(2) Any funds''.
(b) Allocation of Funds.--Section 2501(g) (42 U.S.C. 3796ll(g)) of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended to
read as follows:
``(g) Allocation of Funds.--Funds available under this part shall
be awarded, without regard to subsection (c), to each qualifying unit
of local government with fewer than 100,000 residents. Any remaining
funds available under this part shall be awarded to other qualifying
applicants.''.
(c) Applications.--Section 2502 (42 U.S.C. 3796ll-1) of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended by inserting
after subsection (c) the following new subsection:
``(d) Applications in Conjunction With Purchases.--If an
application under this section is submitted in conjunction with a
transaction for the purchase of armor vests, grant amounts under this
section may not be used to fund any portion of that purchase unless,
before the application is submitted, the applicant--
``(1) receives clear and conspicuous notice that receipt of
the grant amounts requested in the application is uncertain;
and
``(2) expressly assumes the obligation to carry out the
transaction regardless of whether such amounts are received.''.
(d) Definition of Armor Vest.--Paragraph (1) of section 2503 (42
U.S.C. 3796ll-2) of such Act is amended--
(1) by striking ``means body armor'' and inserting the
following: ``means--
``(A) body armor''; and
(2) by inserting after the semicolon at the end the
following: ``or
``(B) body armor which has been tested through such
voluntary compliance testing program, and found to meet
or exceed the requirements of NIJ Standard 0115.00, or
any subsequent revision of such standard;''.
(e) Interim Definition of Armor Vest.--For purposes of part Y of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended by this Act, the meaning of the term ``armor vest'' (as defined
in section 2503 of such Act (42 U.S.C. 37966ll-2)) shall, until the
date on which a final NIJ Standard 0115.00 is first fully approved and
implemented, also include body armor which has been found to meet or
exceed the requirements for protection against stabbing established by
the State in which the grantee is located.
(f) Authorization of Appropriations.--Section 1001(a)(23) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(23)) is amended by striking the period at the end and inserting
the following: ``, and $50,000,000 for each of fiscal years 2002
through 2004.''.
Passed the House of Representatives July 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Directs that: (1) funds available be awarded, without regard to specified "preferential consideration" provisions, to each qualifying unit of local government with fewer than 100,000 residents; and (2) any remaining funds available be awarded to other qualifying applicants.Provides that if an application is submitted in conjunction with a transaction for the purchase of armor vests, grant amounts may not be used to fund any portion of that purchase unless, before the application is submitted, the applicant: (1) receives clear and conspicuous notice that receipt of the grant amounts requested in the application is uncertain; and (2) expressly assumes the obligation to carry out the transaction regardless of whether such amounts are received.Redefines "armor vest" to include body armor which has been tested through a specified voluntary compliance testing program and found to meet or exceed the requirements of NIJ Standard 0115.00, or any subsequent revision of such standard. Directs that, until the date on which such standard is first fully approved and implemented, such term shall also include body armor which has been found to meet or exceed the requirements for protection against stabbing established by the State in which the grantee is located.Authorizes appropriations. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gasoline Availablity Stabilization
(GAS) Reserves Act''.
SEC. 2. GASOLINE AVAILABILITY STABILIZATION RESERVE.
(a) Establishment.--
(1) Authority.--The Secretary shall establish a Gasoline
Availability Stabilization Reserve (in this section referred to
as the ``GAS Reserve'') system with a total capacity of
20,000,000 barrels of regular unleaded gasoline.
(2) Reserve sites.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall determine a site for
one GAS Reserve each in the Northeast and Midwest regions of
the United States, and one in California. Such reserve sites
shall be operational within 2 years after the date of enactment
of this Act. The Secretary may establish two additional GAS
Reserve sites at locations selected by the Secretary.
(3) Security.--In establishing the GAS Reserve under this
section, the Secretary shall obtain the concurrence of the
Secretary of Homeland Security with respect to physical design
security and operational security.
(b) Transportation Plan.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the Congress,
the Secretary of Homeland Security, and the Governor of each State in
which a reserve will be sited a plan for the transportation of the
contents of the GAS Reserve under this section to consumers in the
event of an emergency sale under subsection (d).
(c) Fill Date.--The Secretary shall complete the process of filling
the GAS Reserve under this section by March 1, 2006.
(d) Emergency Sale Authorization.--The Secretary shall sell
gasoline from the GAS Reserve if--
(1) the Governor of a State transmits to the Secretary a
written request for GAS Reserve emergency sales assistance
which--
(A) cites a physical disruption in the system
supplying gasoline to the Governor's State; and
(B) demonstrates to the satisfaction of the
Secretary that such disruption is likely to result in
price volatility for retail gasoline markets in the
Governor's State; and
(2) the Secretary determines that--
(A) GAS Reserve emergency sales would mitigate
gasoline price volatility in the Governor's State;
(B) GAS Reserve emergency sales would not have an
adverse effect on the long-term economic viability of
retail gasoline markets in the Governor's State and
adjacent States;
(C) the physical disruption described in paragraph
(1)(A) is likely to result in general economic
disruption in the Governor's State and adjacent States;
and
(D) GAS Reserve emergency sales would serve to
stabilize gasoline prices, not suppress prices below
long-term market trend levels.
(e) Procedure.--
(1) Secretary's response.--The Secretary shall respond to a
request transmitted under subsection (d)(1) within 10 days of
receipt of a request by--
(A) approving the request;
(B) denying the request; or
(C) requesting additional supporting information.
(2) Approval.--If the Secretary approves a request, the
Secretary shall provide to the Governor a written notice of
approval that includes--
(A) a description of the GAS Reserve emergency sale
plan; and
(B) an explanation of the Secretary's decision.
(3) Denial.--If the Secretary denies a request, the
Secretary shall provide to the Governor a written notice of
denial that includes an explanation of the Secretary's
decision.
(4) Additional information.--If the Secretary requests
additional information and the Governor does not respond for a
period of 10 days, the Governor's request shall be denied. If
the Governor provides all requested additional information in
timely manner, the Secretary shall approve or deny the request
within 10 days after receipt of such information.
(f) Maintenance Transactions.--The Secretary is authorized to
conduct purchases and sales of gasoline at wholesale for maintenance of
the GAS Reserve system. In conducting maintenance transactions, the
Secretary shall ensure that--
(1) the GAS Reserve is available to respond to emergencies
during periods of the annual gasoline market cycle when the
Secretary expects demand to be highest;
(2) the GAS Reserve does not contain gasoline for a period
of time so long as to jeopardize its quality; and
(3) maintenance transactions are timed so as to minimize
their impact on the retail price of gasoline.
(g) Reports.--Not later than November 1 of each year, the Secretary
shall transmit to the Committee on Energy and Commerce of the House of
Representatives and to the Committee on Energy and Natural Resources of
the Senate a report on the GAS Reserve program, describing the physical
status of GAS Reserve facilities, the program's financial outlook, and
the disposition of any emergency sales request received and any
emergency sales conducted since the last report, and recommending any
additional appropriations or technical changes appropriate to improve
the program's operation.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for
construction and operation of the GAS Reserve for fiscal years 2004
through 2009. | Gasoline Availablity Stabilization (GAS) Reserves Act - Directs the Secretary [of Energy] to: (1) establish a Gasoline Availability Stabilization Reserve (GAS Reserve) system with a total capacity of 20 million barrels of regular unleaded gasoline; and (2) determine a site for one GAS Reserve each in the Northeast and Midwest regions and one in California, to be operational within two years after the date of enactment of this Act.
Instructs the Secretary to: (1) transmit to Congress, the Secretary of Homeland Security, and the Governor of each State in which a reserve will be sited a plan for the transportation of the contents of the GAS Reserve to consumers in the event of an emergency sale; and (2) complete the process of filling the GAS Reserve by March 1, 2006.
Prescribes procedural guidelines for emergency sales by the Secretary from the GAS Reserve upon written request from the Governor of a State for GAS Reserve emergency sales assistance owing to a physical disruption in the gasoline supplies that is likely to result in price volatility for retail gasoline in the Governor's State.
Authorizes the Secretary to conduct purchases and sales of gasoline at wholesale for maintenance of the GAS Reserve system. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reenergize America Loan Program Act
of 2009''.
SEC. 2. REENERGIZE AMERICA LOAN PROGRAM.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Reenergize America
Loan Program Fund established by subsection (g).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Program.--The term ``Program'' means the Green America
Loan Program established by subsection (b).
(4) Qualified person.--The term ``qualified person'' means
an individual or entity that is determined to be capable of
meeting all terms and conditions of a loan provided under this
section based on the criteria and procedures approved by the
Secretary in a plan submitted under subsection (d).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) any other territory or possession of the United
States; and
(E) an Indian tribe.
(b) Establishment.--There is established within the Department of
Energy a revolving loan program to be known as the ``Reenergize America
Loan Program''.
(c) Allocations to States.--
(1) In general.--In carrying out the Program, the Secretary
shall allocate funds to States for use in providing zero-
interest loans to qualified persons to carry out residential,
commercial, industrial, and transportation energy efficiency
and renewable generation projects contained in State energy
conservation plans submitted and approved under sections 362
and 363 of the Energy Policy and Conservation Act (42 U.S.C.
6322, 6323), respectively.
(2) Administrative expenses.--A State that receives an
allocation of funds under this subsection may impose on each
qualified person that receives a loan from the allocated funds
of the State administrative fees to cover the costs incurred by
the State in administering the loan.
(3) Repayment and return of principal.--Return of principal
from loans provided by a State may be retained by the State for
the purpose of making additional loans pursuant to--
(A) a plan approved by the Secretary under
subsection (d); and
(B) such terms and conditions as the Secretary
considers appropriate to ensure the financial integrity
of the Program.
(d) Application.--A State that seeks to receive an allocation under
this section shall--
(1) submit to the Secretary for review and approval a 5-
year plan for the administration and distribution by the State
of funds from the allocation, including a description of
criteria that the State will use to determine the
qualifications of potential borrowers for loans made from the
allocated funds;
(2) agree to submit to annual audits with respect to any
allocated funds received and distributed by the State; and
(3) reapply for a subsequent allocation at the end of the
5-year period covered by the plan.
(e) Allocation.--In approving plans submitted by the States under
subsection (d) and allocating funds among States under this section,
the Secretary shall consider--
(1) the likely energy savings and renewable energy
potential of the plans;
(2) regional energy needs; and
(3) the equitable distribution of funds among regions of
the United States.
(f) Maximum Amount; Term.--A loan provided by a State using funds
allocated under this section shall be--
(1) in an amount not to exceed $5,000,000; and
(2) for a term of not to exceed 4 years.
(g) Reenergize America Loan Program Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a revolving fund, to be known as the
``Reenergize America Loan Program Fund'', consisting of such
amounts as are transferred to the Fund under paragraph (2).
(2) Transfers to fund.--From any Federal royalties, rents,
and bonuses derived from Federal onshore and offshore oil, gas,
coal, or alternative energy leases issued under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the
Mineral Leasing Act (30 U.S.C. 181 et seq.) that are deposited
in the Treasury, and after distribution of any funds described
in paragraph (3), there shall be transferred to the Fund
$1,000,000,000 for each of fiscal years 2010 through 2020.
(3) Prior distributions.--The distributions referred to in
paragraph (2) are those required by law--
(A) to States and to the Reclamation Fund under the
Mineral Leasing Act (30 U.S.C. 191(a)); and
(B) to other funds receiving amounts from Federal
oil and gas leasing programs, including--
(i) any recipients pursuant to section 8(g)
of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(g));
(ii) the Land and Water Conservation Fund,
pursuant to section 2(c) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-
5(c));
(iii) the Historic Preservation Fund,
pursuant to section 108 of the National
Historic Preservation Act (16 U.S.C. 470h); and
(iv) the coastal impact assistance program
established under section 31 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356a).
(4) Expenditures from fund.--
(A) In general.--Subject to subparagraph (B), on
request by the Secretary, the Secretary of the Treasury
shall transfer from the Fund to the Secretary such
amounts as the Secretary determines to be necessary to
provide allocations to States under subsection (c).
(B) Administrative expenses.--An amount not
exceeding 5 percent of the amounts in the Fund shall be
available for each fiscal year to pay the
administrative expenses necessary to carry out this
subsection.
(5) Transfers of amounts.--
(A) In general.--The amounts required to be
transferred to the Fund under this subsection shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
(B) Adjustments.--Proper adjustment shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
(h) Funding.--Notwithstanding any other provision of law, for each
of fiscal years 2010 through 2020, the Secretary shall use to carry out
the Program such amounts as are available in the Fund. | Reenergize America Loan Program Act of 2009 - Establishes: (1) within the Department of Energy (DOE) the Reenergize America Loan Program, under which the Secretary of Energy shall allocate funds to states for use in providing zero-interest loans to qualified persons to carry out residential, commercial, industrial, and transportation energy efficiency and renewable generation projects contained in approved state energy conservation plans; and (2) the Reenergize America Loan Program Fund.
Requires the Secretary, in allocating funds, to consider: (1) the likely energy savings and renewable energy potential of the plans; (2) regional energy needs; and (3) the equitable distribution of funds among regions.
Requires states that seek to receive allocations to: (1) submit to the Secretary a five-year plan for the administration and distribution of funds; (2) agree to annual audits; and (3) reapply for a subsequent allocation at the end of the five-year period. Limits the amount of a loan provided by a state to $5 million and the term of a loan to four years.
Authorizes states that receive allocations to: (1) impose on loan recipients a fee to cover the costs incurred by the state in administering the loan; and (2) retain the return of principal from loans for the purpose of making additional loans. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Tax Incentives
Improvement Act of 2002''.
SEC. 2. MODIFICATIONS TO ENTERPRISE ZONE BENEFITS AVAILABLE WITH
RESPECT TO THE DISTRICT OF COLUMBIA.
(a) Entire District of Columbia Treated as Empowerment Zone.--
(1) In general.--Subsection (a) of section 1400 of the
Internal Revenue Code of 1986 (relating to establishment of DC
Zone) is amended to read as follows:
``(a) Designation.--For purposes of this title--
``(1) the District of Columbia--
``(A) is hereby designated as the District of
Columbia Enterprise Zone, and
``(B) shall be treated as an empowerment zone
designated under subchapter U, and
``(2) the terms `District of Columbia Enterprise Zone' and
`DC Zone' mean the District of Columbia.''
(2) Conforming amendments.--
(A) Section 1400 of such Code is amended by
striking subsections (b) and (c) and by redesignating
subsections (d), (e), and (f) as subsections (b), (c),
and (d), respectively.
(B) Subsection (b) of section 1400 of such Code, as
redesignated by subparagraph (A), is amended to read as
follows:
``(b) Special Rule for Application of Employment Credit.--In the
case of the DC Zone, section 1396 (relating to empowerment zone
employment credit) shall be applied by substituting `20' for `15' in
the table contained in section 1396(b). The preceding sentence shall
apply only with respect to qualified zone employees, as defined in
section 1396(d), determined by treating no area other than the DC Zone
as an empowerment zone or enterprise community.''
(C) Paragraph (2) of section 1400(d) of such Code,
as redesignated by subparagraph (A), is amended by
striking ``the census tracts referred to in subsection
(b)(1) as an enterprise community'' and inserting ``the
enterprise community in the District of Columbia''.
(D) Section 1400B of such Code is amended by
striking subsection (d) and by redesignating
subsections (e), (f), and (g) as subsections (d), (e),
and (f), respectively.
(E) Paragraph (1) of section 1400B(c) of such Code
is amended by striking ``section 1400(e)'' and
inserting ``section 1400(c)''.
(b) Capital Gains Exclusion Available for Assets Held More Than 2
Years.--
(1) In general.--Subsection (a) of section 1400B of such
Code is amended by striking ``5 years'' and inserting ``2
years''.
(2) Conforming amendment.--Paragraph (7) of section
1400B(b) of such Code is amended--
(A) by striking ``5-year'' in the heading and
inserting ``2-year'', and
(B) by striking ``5-year'' in the text and
inserting ``2-year''.
(c) Modifications to Definition of DC Zone Business.--Subsection
(c) of section 1400B of such Code is amended to read as follows:
``(c) DC Zone Business.--For purposes of this section--
``(1) In general.--The term `DC Zone business' means any
entity which is an enterprise zone business (as defined in
section 1397B), determined--
``(A) after the application of section 1400(c),
``(B) without regard to subsections (b)(1) and
(d)(2)(B) of section 1397B, and
``(C) by treating no area other than the District
of Columbia as an empowerment zone or enterprise
community.
``(2) Special rule for businesses holding intangibles.--
Paragraph (4) of section 1397B(d) shall not apply in
determining whether a business is a DC Zone business if--
``(A) at least 30 percent of the employees of such
business are residents of the District of Columbia, and
``(B) at least 50 percent of the wages (as defined
by section 3401(a)) paid by such business are paid to
residents of the District of Columbia.''
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 701 of the
Taxpayer Relief Act of 1997.
SEC. 3. EXTENSION OF ENTERPRISE ZONE TREATMENT.
(a) Effective Period of Designation.--Subsection (f) of section
1400 of the Internal Revenue Code of 1986 is amended by striking
``December 31, 2003'' each place it appears and inserting ``December
31, 2009''.
(b) Economic Development Bonds.--Subsection (b) of section 1400A of
such Code is amended by striking ``December 31, 2003'' and inserting
``December 31, 2009''.
(c) Zero Percent Capital Gains Rate.--
(1) Paragraphs (2)(A)(i), (3)(A), (4)(A)(i), and
(4)(B)(i)(I) of section 1400B(b) of such Code are each amended
by striking ``January 1, 2004'' and inserting ``January 1,
2010''.
(2) Subsections (e)(2) and (g) of section 1400B of such
Code are each amended by striking ``2008'' each place it
appears and inserting ``2014''.
SEC. 4. FIRST-TIME HOMEBUYER CREDIT FOR DISTRICT OF COLUMBIA MADE
PERMANENT; OTHER MODIFICATIONS.
(a) Credit Made Permanent.--Subsection (i) of section 1400C of the
Internal Revenue Code of 1986 (relating to first-time homebuyer credit
for District of Columbia) is amended by striking ``, and before January
1, 2004''.
(b) Treatment of Purchases In Connection With Divorce.--
(1) In general.--Subsection (c) of section 1400C of such
Code is amended by adding at the end the following new
paragraph:
``(4) Purchases in connection with divorce.--
Notwithstanding paragraphs (1) and (2), an individual shall be
treated as a first-time homebuyer with respect to the purchase
of any residence if--
``(A) the sale of the residence is pursuant to a
divorce or separation instrument (as defined in section
71(b)(2)) relating to such individual and such
individual's spouse or former spouse, and
``(B) such residence was the principal residence of
such individual at the time of such sale or for any
period ending not more than a reasonable period before
such sale.
The Secretary shall prescribe such regulations as may be
necessary to prevent the abuse of the purposes of this
paragraph.''
(2) Effective date.--The amendment made by paragraph (1)
shall apply to purchases after the date of the enactment of
this Act.
(c) Credit Allowed Against Regular Tax and Alternative Minimum
Tax.--
(1) In general.--Subsection (d) of section 1400C of such
Code is amended to read as follows:
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for the taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under
subpart A of part IV of subchapter A and section 27 for
the taxable year.
``(2) Carryover of credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by paragraph (1)
for such taxable year, such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such taxable year.''
(2) Conforming amendment.--Section 1400C of such Code is
amended by striking subsection (g) and by redesignating
subsections (h) and (i) as subsections (g) and (h),
respectively.
(3) Effective date.--The amendment made by paragraph (1)
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 5. EXPANSION OF TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS.
(a) In General.--Section 1400A of the Internal Revenue Code of
1986, as amended by section 3, is amended to read as follows:
``SEC. 1400A. TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS.
``(a) In General.--In the case of the District of Columbia
Enterprise Zone--
``(1) section 1394(c)(1)(A) (relating to limitation on
amount of bonds) shall not apply,
``(2) section 1394(b)(3)(A) shall be applied without regard
to section 1397C(d)(4) (relating to treatment of businesses
holding intangibles), and
``(3) section 1394(b)(3)(B)(iii) shall be applied without
regard to the employee residency requirement.
``(b) Exemption From Volume Cap.--Bonds which are exempt facility
bonds by reason of this section shall be treated as not being private
activity bonds for purposes of section 146.
``(c) Period of Applicability.--This section shall apply to bonds
issued during the period beginning on January 1, 1998, and ending on
December 31, 2009.''
(b) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 6. BONDS OF DISTRICT OF COLUMBIA EXEMPT FROM STATE AND LOCAL
TAXES.
(a) In General.--Section 485 of the District of Columbia Home Rule
Act is amended to read as follows:
``Sec. 485. Bonds and notes issued by the Council pursuant to this
title and the interest thereon shall be exempt from all taxation
(except estate, inheritance, and gift taxes) by the United States, any
State or political subdivision thereof, the District, or any possession
of the United States.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2001. | District of Columbia Tax Incentives Improvement Act of 2002 - Amends the Internal Revenue Code to designate the entire District of Columbia as an enterprise zone which shall be treated as an empowerment zone.Excludes from gross income capital gains on sale or exchange of District assets held for more than two years (presently the figure is five years). Defines what constitutes a District business. Nullifies the exclusion of any trade or business from counting as a District business for reason of consisting predominantly of dealing in intangibles if: (1) at least 30 percent of the employees of such a business are District residents; and (2) at least 50 percent of the wages are paid to District residents.Extends time line for which provisions of enterprise zone treatment will last. Makes permanent provisions of law pertaining to the first-time homebuyer credit (currently, they last through December 31, 2003). Extends classification of "first-time homebuyer" to certain individuals buying residences due to divorce or separation, and directs the Secretary of Treasury to prescribe regulations to prevent abuses of such provision.Removes the limitation on the amount of tax-exempt enterprise zone facility bonds that can be issued.Exempts certain bonds and notes issued by the District Council and the interest thereon from all taxation (except for estate, inheritance, and gift taxes) by the United States, any State or political subdivision thereof, the District, or any possession of the United States. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Rock Desert-High Rock Canyon
Emigrant Trails National Conservation Area Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The areas of northwestern Nevada known as the Black
Rock Desert and High Rock Canyon contain and surround the last
nationally significant, untouched segments of the historic
California emigrant Trails, including wagon ruts, historic
inscriptions, and a wilderness landscape largely unchanged
since the days of the pioneers.
(2) The relative absence of development in the Black Rock
Desert and high Rock Canyon areas from emigrant times to the
present day offers a unique opportunity to capture the terrain,
sights, and conditions of the overland trails as they were
experienced by the emigrants and to make available to both
present and future generations of Americans the opportunity of
experiencing emigrant conditions in an unaltered setting.
(3) The Black Rock Desert and High Rock Canyon areas are
unique segments of the Northern Great Basin and contain broad
representation of the Great Basin's land forms and plant and
animal species, including golden eagles and other birds of
prey, sage grouse, mule deer, pronghorn antelope, bighorn
sheep, free roaming horses and burros, threatened fish and
sensitive plants.
(4) The Black Rock-High Rock region contains a number of
cultural and natural resources that have been declared eligible
for National Historic Landmark and Natural Landmark status,
including a portion of the 1843-44 John Charles Fremont
exploration route, the site of the death of Peter Lassen, early
military facilities, and examples of early homesteading and
mining.
(5) The archeological, paleontological, and geographical
resources of the Black Rock-High Rock region include numerous
prehistoric and historic Native American sites, wooly mammoth
sites, some of the largest natural potholes of North America,
and a remnant dry Pleistocene lakebed (playa) where the
curvature of the Earth may be observed.
(6) The two large wilderness mosaics that frame the
conservation area offer exceptional opportunities for solitude
and serve to protect the integrity of the viewshed of the
historic emigrant trails.
(7) Public lands in the conservation area have been used
for domestic livestock grazing for over a century, with
resultant benefits to community stability and contributions to
the local and State economies. It has not been demonstrated
that continuation of this use would be incompatible with
appropriate protection and sound management of the resource
values of these lands; therefore, it is expected that such
grazing will continue in accordance with the management plan
for the conservation area and other applicable laws and
regulations.
(8) The Black Rock Desert playa is a unique natural
resource that serves as the primary destination for the
majority of visitors to the conservation area, including
visitors associated with large-scale permitted events. It is
expected that such permitted events will continue to be
administered in accordance with the management plan for the
conservation area and other applicable laws and regulations.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``public lands'' has the meaning stated in
section 103(e) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702(e)).
(3) The term ``conservation area'' means the Black Rock
Desert-High Rock Canyon Emigrant Trails National Conservation
Area established pursuant to section 4 of this Act.
SEC. 4. ESTABLISHMENT OF THE CONSERVATION AREA.
(a) Establishment and Purposes.--In order to conserve, protect, and
enhance for the benefit and enjoyment of present and future generations
the unique and nationally important historical, cultural,
paleontological, scenic, scientific, biological, educational, wildlife,
riparian, wilderness, endangered species, and recreational values and
resources associated with the Applegate-Lassen and Nobles Trails
corridors and surrounding areas, there is hereby established the Black
Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area
in the State of Nevada.
(b) Areas Included.--The conservation area shall consist of
approximately 797,100 acres of public lands as generally depicted on
the map entitled ``Black Rock Desert Emigrant Trail National
Conservation Area'' and dated July 19, 2000.
(c) Maps and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall submit to
Congress a map and legal description of the conservation area. The map
and legal description shall have the same force and effect as if
included in this Act, except the Secretary may correct clerical and
typographical errors in such map and legal description. Copies of the
map and legal description shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land Management.
SEC. 5. MANAGEMENT.
(a) Management.--The Secretary, acting through the Bureau of Land
Management, shall manage the conservation area in a manner that
conserves, protects and enhances its resources and values, including
those resources and values specified in subsection 4(a), in accordance
with this Act, the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), and other applicable provisions of law.
(b) Access.--
(1) In general.--The Secretary shall maintain adequate
access for the reasonable use and enjoyment of the conservation
area.
(2) Private land.--The Secretary shall provide reasonable
access to privately owned land or interests in land within the
boundaries of the conservation area.
(3) Existing public roads.--The Secretary is authorized to
maintain existing public access within the boundaries of the
conservation area in a manner consistent with the purposes for
which the conservation area was established.
(c) Uses.--
(1) In general.--The Secretary shall only allow such uses
of the conservation area as the Secretary finds will further
the purposes for which the conservation area is established.
(2) Off-highway vehicle use.--Except where needed for
administrative purposes or to respond to an emergency, use of
motorized vehicles in the conservation area shall be permitted
only on roads and trails and in other areas designated for use
of motorized vehicles as part of the management plan prepared
pursuant to subsection (e).
(3) Permitted events.--The Secretary may continue to permit
large-scale events in defined, low impact areas of the Black
Rock Desert playa in the conservation area in accordance with
the management plan prepared pursuant to subsection (e).
(d) Hunting, Trapping, and Fishing.--Nothing in this Act shall be
deemed to diminish the jurisdiction of the State of Nevada with respect
to fish and wildlife management, including regulation of hunting and
fishing, on public lands within the conservation area.
(e) Management Plan.--Within three years following the date of
enactment of this Act, the Secretary shall develop a comprehensive
resource management plan for the long-term protection and management of
the conservation area. The plan shall be developed with full public
participation and shall describe the appropriate uses and management of
the conservation area consistent with the provisions of this Act. The
plan may incorporate appropriate decisions contained in any current
management or activity plan for the area and may use information
developed in previous studies of the lands within or adjacent to the
conservation area.
(f) Grazing.--Where the Secretary of the Interior currently permits
livestock grazing in the conservation area, such grazing shall be
allowed to continue subject to all applicable laws, regulations, and
executive orders.
(g) Visitor Service Facilities.--The Secretary is authorized to
establish, in cooperation with other public or private entities as the
Secretary may deem appropriate, visitor service facilities for the
purpose of providing information about the historical, cultural,
ecological, recreational, and other resources of the conservation area.
SEC. 6. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, all Federal
lands within the conservation area and all lands and interests therein
which are hereafter acquired by the United States are hereby withdrawn
from all forms of entry, appropriation, or disposal under the public
land laws, from location, entry, and patent under the mining laws, from
operation of the mineral leasing and geothermal leasing laws and from
the minerals materials laws and all amendments thereto.
SEC. 7. NO BUFFER ZONES.
The Congress does not intend for the establishment of the
conservation area to lead to the creation of protective perimeters or
buffer zones around the conservation area. The fact that there may be
activities or uses on lands outside the conservation area that would
not be permitted in the conservation area shall not preclude such
activities or uses on such lands up to the boundary of the conservation
area consistent with other applicable laws.
SEC. 8. WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act of 1964 (16 U.S.C. 1131 et seq.), the following lands in the State
of Nevada are designated as wilderness, and, therefore, as components
of the National Wilderness Preservation System:
(1) Certain lands in the Black Rock Desert Wilderness Study
Area comprised of approximately 315,700 acres, as generally
depicted on a map entitled ``Black Rock Desert Wilderness--
Proposed'' and dated July 19, 2000, and which shall be known as
the Black Rock Desert Wilderness.
(2) Certain lands in the Pahute Peak Wilderness Study Area
comprised of approximately 57,400 acres, as generally depicted
on a map entitled ``Pahute Peak Wilderness--Proposed'' and
dated July 19, 2000, and which shall be known as the Pahute
Peak Wilderness.
(3) Certain lands in the North Black Rock Range Wilderness
Study Area comprised of approximately 30,800 acres, as
generally depicted on a map entitled ``North Black Rock Range
Wilderness--Proposed'' and dated July 19, 2000, and which shall
be known as the North Black Rock Range Wilderness.
(4) Certain lands in the East Fork High Rock Canyon
Wilderness Study Area comprised of approximately 52,800 acres,
as generally depicted on a map entitled ``East Fork High Rock
Canyon Wilderness--Proposed'' and dated July 19, 2000, and
which shall be known as the East Fork High Rock Canyon
Wilderness.
(5) Certain lands in the High Rock Lake Wilderness Study
Area comprised of approximately 59,300 acres, as generally
depicted on a map entitled ``High Rock Lake Wilderness--
Proposed'' and dated July 19, 2000, and which shall be known as
the High Rock Lake Wilderness.
(6) Certain lands in the Little High Rock Canyon Wilderness
Study Area comprised of approximately 48,700 acres, as
generally depicted on a map entitled ``Little High Rock Canyon
Wilderness--Proposed'' and dated July 19, 2000, and which shall
be known as the Little High Rock Canyon Wilderness.
(7) Certain lands in the High Rock Canyon Wilderness Study
Area and Yellow Rock Canyon Wilderness Study Area comprised of
approximately 46,600 acres, as generally depicted on a map
entitled ``High Rock Canyon Wilderness--Proposed'' and dated
July 19, 2000, and which shall be known as the High Rock Canyon
Wilderness.
(8) Certain lands in the Calico Mountains Wilderness Study
Area comprised of approximately 65,400 acres, as generally
depicted on a map entitled ``Calico Mountains Wilderness--
Proposed'' and dated July 19, 2000, and which shall be known as
the Calico Mountains Wilderness.
(9) Certain lands in the South Jackson Mountains Wilderness
Study Area comprised of approximately 56,800 acres, as
generally depicted on a map entitled ``South Jackson Mountains
Wilderness--Proposed'' and dated July 19, 2000, and which shall
be known as the South Jackson Mountains Wilderness.
(10) Certain lands in the North Jackson Mountains
Wilderness Study Area comprised of approximately 24,000 acres,
as generally depicted on a map entitled ``North Jackson
Mountains Wilderness--Proposed'' and dated July 19, 2000, and
which shall be known as the North Jackson Mountains Wilderness.
(b) Administration of Wilderness Areas.--Subject to valid existing
rights, each wilderness area designated by this Act shall be
administered by the Secretary in accordance with the provisions of the
Wilderness Act, except that any reference in such provisions to the
effective date of the Wilderness Act shall be deemed to be a reference
to the date of enactment of this Act and any reference to the Secretary
of Agriculture shall be deemed to be a reference to the Secretary of
the Interior.
(c) Maps and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall submit to
Congress a map and legal description of the wilderness areas designated
under this Act. The map and legal description shall have the same force
and effect as if included in this Act, except the Secretary may correct
clerical and typographical errors in such map and legal description.
Copies of the map and legal description shall be on file and available
for public inspection in the appropriate offices of the Bureau of Land
Management.
(d) Grazing.--Within the wilderness areas designated under
subsection (a), the grazing of livestock, where established prior to
the date of enactment of this Act, shall be permitted to continue
subject to such reasonable regulations, policies, and practices as the
Secretary deems necessary, as long as such regulations, policies, and
practices fully conform with and implement the intent of Congress
regarding grazing in such areas as such intent is expressed in the
Wilderness Act and section 101(f) of Public Law 101-628.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
Passed the Senate October 5 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary. | Withdraws all Federal lands within the Area and all Federal lands subsequently acquired for the Area from all forms of entry, appropriation, or disposal under the public land, mining, minerals materials, and mineral and geothermal leasing laws.
States that Congress does not intend for the creation of buffer zones around the Area.
Designates specified lands in Black Rock Desert, Pahute Peak, North Black Rock Range, East Fork High Rock Canyon, High Rock Lake, Yellow Rock Canyon, Little High Rock Canyon, High Rock Canyon, Calico Mountains, South Jackson Mountains, and North Jackson Mountains Wilderness Study Areas in Nevada as wilderness, for inclusion in the National Wilderness Preservation System. Allows continued livestock grazing on such lands.
Authorizes appropriations. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shelter Our Servicemembers Act''.
SEC. 2. ELDERLY HOMELESS VETERANS HOUSING GRANT PILOT PROGRAM.
(a) Establishment.--The Secretary of Veterans Affairs and the
Secretary of Housing and Urban Development shall jointly establish a
pilot program to award grants to nonprofit organizations to provide
elderly homeless veterans with non-transitional housing.
(b) Eligible Organization.--
(1) Nonprofit organization.--The Secretaries may award two
grants under this section to nonprofit organizations that
provide housing to homeless veterans or assist homeless
veterans to find housing.
(2) Locations.--In selecting the nonprofit organizations
under paragraph (1), the Secretaries shall ensure that such
organizations operate in separate geographical locations.
(3) Application.--To be eligible for a grant under this
section, a nonprofit organization shall submit to the
Secretaries an application at such time, in such manner, and
containing such information as the Secretaries may require.
(c) Number and Amount of Grant.--
(1) Number.--The Secretaries--
(A) may award two grants under this section; and
(B) may not award more than one grant to a single
nonprofit organization.
(2) Amount.--A grant awarded under this section may not
exceed $25,000,000.
(d) Use of Grant.--
(1) In general.--A nonprofit organization may use a grant
awarded under this section to--
(A) purchase real property within a single
geographical area to be used to provide up to 200
eligible homeless veterans with non-transitional
housing; and
(B) refurbish or renovate such property.
(2) Eligible homeless veterans.--A homeless veteran is
eligible for housing provided pursuant to this section if the
Secretary of Veterans Affairs determines that the homeless
veteran--
(A) has attained the age of 55;
(B) has--
(i) been continuously homeless for a year
or more; or
(ii) during the last three years, had at
least four separate, distinct, and sustained
periods during which the veteran lived or
resided on the streets, in an emergency shelter
for homeless persons, or a combination of both;
and
(C) has a condition that limits the veteran's
ability to work or perform activities of daily living,
including conditions related to--
(i) a diagnosable substance abuse disorder;
(ii) a serious mental illness;
(iii) a developmental disability; or
(iv) a chronic physical illness or
disability.
(e) Case Management.--
(1) In general.--The Secretary of Veterans Affairs shall
provide case management for elderly homeless veterans who
receive housing assistance pursuant to this section. The
Secretary shall maintain a sufficient number of caseworkers to
ensure that the ratio of such homeless veterans to caseworkers
does not exceed 25 to 1.
(2) Provision.--In carrying out paragraph (1), the
Secretary shall allow the non-profit organization awarded a
grant under this section to provide the case management under
paragraph (1) if the non-profit organization elects to provide
such case management.
(f) Report.--Not later than 180 days after the date on which the
pilot grant program terminates pursuant to subsection (i), the
Secretaries shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the pilot grant program
that includes--
(1) the number of veterans served under the program;
(2) the types of services offered under the program to such
veterans;
(3) the amount of money spent under the program on each
such veteran;
(4) a recommendation as to the feasibility and advisability
of continuing the program; and
(5) any other information the Secretaries consider
appropriate.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section $50,000,000.
(h) Homeless Veteran Defined.--In this section, the term ``homeless
veteran'' means a veteran who--
(1) has attained the age of 55; and
(2) is homeless (as that term is defined in section 103(a)
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302(a))).
(i) Termination.--The pilot grant program established under
subsection (a) shall terminate on the date that is two years after the
date on which the Secretaries award a grant under such subsection. | Shelter Our Servicemembers Act Requires the Department of Veterans Affairs (VA) and the Department of Housing and Urban Development to jointly establish a two-year pilot program of grants to nonprofit organizations to provide elderly homeless veterans with non-transitional housing. Allows recipients to use such grant to: (1) purchase real property to provide up to 200 homeless veterans with non-transitional housing, and (2) refurbish or renovate such property. Makes eligible for such housing veterans of at least 55 years of age who: (1) have been continuously homeless for a year or more or, during the last three years, had at least four separate periods of living on the streets, in an emergency shelter, or a combination thereof; and (2) have a condition that limits their ability to work or perform activities of daily living. Requires VA to provide case management for elderly veterans receiving such assistance. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Environmental Barriers to
Unified Infrastructure and Land Development Act of 2015 Act'' or the
``REBUILD Act''.
SEC. 2. ASSIGNMENT TO STATES OF FEDERAL ENVIRONMENTAL REVIEW
RESPONSIBILITIES.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended by adding at the end the following new
section:
``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW
RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE
STATE.
``(a) Assumption of Responsibility.--
``(1) In general.--Subject to the other provisions of this
section, with the written agreement of the responsible Federal
official and a State, which may be in the form of a memorandum
of understanding, the responsible Federal official may assign,
and the State may assume, the responsibilities of the
responsible Federal official under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to one
or more covered Federal projects of the responsible Federal
official within the State.
``(2) Additional responsibility.--If a State assumes
responsibility under paragraph (1) the responsible Federal
official may assign to the State, and the State may assume, all
or part of the responsibilities of the responsible Federal
official for environmental review, consultation, or other
action required under any Federal environmental law pertaining
to the review or approval of covered projects of the
responsible Federal official.
``(3) Procedural and substantive requirements.--A State
shall assume responsibility under this section subject to the
same procedural and substantive requirements as would apply if
that responsibility were carried out by the responsible Federal
official.
``(4) Federal responsibility.--Any responsibility of the
responsible Federal official not explicitly assumed by the
State by written agreement under this section shall remain the
responsibility of the responsible Federal official.
``(5) No effect on authority.--Nothing in this section
preempts or interferes with any power, jurisdiction,
responsibility, or authority of an agency, other than the
agency of the responsible Federal official for a covered
project, under applicable law (including regulations) with
respect to the project.
``(b) State Participation.--
``(1) Application.--Not later than 180 days after the date
of enactment of this section, each responsible Federal official
shall promulgate regulations that establish requirements
relating to information required to be contained in any
application of a State to assume responsibility under this
section with respect to covered Federal projects of the
responsible Federal official, including, at a minimum--
``(A) the projects or classes of projects for which
the State anticipates exercising the authority that may
be granted under this section;
``(B) verification of the financial resources
necessary to carry out the authority that may be
assigned under this section; and
``(C) evidence of the notice and solicitation of
public comment by the State relating to assumption of
responsibility under this section by the State,
including copies of comments received from that
solicitation.
``(2) Public notice.--
``(A) In general.--Each State that submits an
application under this subsection shall give notice of
the intent of the State to submit such application not
later than 30 days before the date of submission of the
application.
``(B) Method of notice and solicitation.--The State
shall provide notice and solicit public comment under
this paragraph by publishing the complete application
of the State in accordance with the appropriate public
notice law of the State.
``(3) Selection criteria.--A responsible Federal official
may approve the application of a State under this section only
if--
``(A) the regulatory requirements under paragraph
(2) have been met;
``(B) the responsible Federal official determines
that the State has the capability, including financial
and personnel, to assume the responsibility; and
``(C) the head of the State agency having primary
jurisdiction over covered projects with respect to
which responsibility would be assigned to the State
pursuant to the application enters into a written
agreement with the responsible Federal official
described in subsection (c).
``(4) Other federal agency views.--If a State applies to
assume a responsibility of a responsible Federal official that
would have required the responsible Federal official to consult
with another Federal agency, the responsible Federal official
shall solicit the views of the Federal agency before approving
the application.
``(c) Written Agreement.--A written agreement under this section
shall--
``(1) be executed by the Governor of the State or the head
of the State agency referred to in subsection (b)(3)(C);
``(2) be in such form as the responsible Federal official
may prescribe; and
``(3) provide that the State--
``(A) agrees to assume all or part of the
responsibilities of the responsible Federal official
described in subsection (a);
``(B) expressly consents, on behalf of the State,
to accept the jurisdiction of the Federal courts for
the compliance, discharge, and enforcement of any
responsibility of the responsible Federal official
assumed by the State;
``(C) certifies that State laws (including
regulations) are in effect that--
``(i) authorize the State to take the
actions necessary to carry out the
responsibilities being assumed; and
``(ii) are comparable to section 552 of
title 5, including providing that any decision
regarding the public availability of a document
under those State laws is reviewable by a court
of competent jurisdiction; and
``(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed.
``(d) Jurisdiction.--
``(1) In general.--The United States district courts shall
have exclusive jurisdiction over any civil action against a
State for failure to carry out any responsibility of the State
under this section.
``(2) Legal standards and requirements.--A civil action
under paragraph (1) shall be governed by the legal standards
and requirements that would apply in such a civil action
against the responsible Federal official had the responsible
Federal official taken the actions in question.
``(3) Intervention.--The responsible Federal official shall
have the right to intervene in any action described in
paragraph (1).
``(e) Effect of Assumption of Responsibility.--A State that assumes
responsibility under subsection (a) shall be solely responsible and
solely liable for carrying out, in lieu of the responsible Federal
official, the responsibilities assumed under subsection (a), until the
termination of such assumption of responsibility.
``(f) Limitations on Agreements.--Nothing in this section permits a
State to assume any rulemaking authority of the responsible Federal
official under any Federal law.
``(g) Audits.--
``(1) In general.--To ensure compliance by a State with any
agreement of the State under subsection (c) (including
compliance by the State with all Federal laws for which
responsibility is assumed under subsection (a)), for each State
participating in the program under this section, the
responsible Federal official shall conduct--
``(A) semiannual audits during each of the first 2
years of the effective period of the agreement; and
``(B) annual audits during each subsequent year of
such effective period.
``(2) Public availability and comment.--
``(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public for
comment for a 30-day period.
``(B) Response.--Not later than 60 days after the
date on which the period for public comment ends, the
responsible Federal official shall respond to public
comments received under subparagraph (A).
``(h) Report to Congress.--Each responsible Federal official shall
submit to Congress an annual report that describes the administration
of this section by such official.
``(i) Termination by Responsible Federal Official.--The responsible
Federal official with respect to an agreement with a State under this
section may terminate the agreement and any responsibility or authority
of the State under this section with respect to such agreement, if--
``(1) the responsible Federal official determines that the
State is not adequately carrying out the responsibilities
assumed by the State under this section;
``(2) the responsible Federal official provides to the
State--
``(A) notification of the determination of
noncompliance; and
``(B) a period of at least 30 days during which to
take such corrective action as the responsible Federal
official determines is necessary to comply with the
applicable agreement; and
``(3) the State, after the notification and period provided
under subparagraph (B), fails to take satisfactory corrective
action, as determined by responsible Federal official.
``(j) Definitions.--In this section:
``(1) Covered federal project.--The term `covered Federal
project' means--
``(A)(i) except as provided in clause (ii) and
subparagraph (B), any project that is funded by,
carried out by, or subject to approval or disapproval
by a responsible official, including any project for
which a permit or other authorization by a responsible
Federal official is required; and
``(ii) in the case of projects funded, carried out
by, or subject to review, approval, or disapproval by
the Secretary of the Army, and except as provided in
subparagraph (B), includes only such projects of the
Corps of Engineers; and
``(B) the preparation of any statement required by
section 102(2)(C).
``(2) Responsible federal official.--The term `responsible
Federal official' means--
``(A) the Secretary of the Interior;
``(B) the Secretary of Transportation;
``(C) the Administrator of the Environmental
Protection Agency;
``(D) the Secretary of the Army; and
``(E) the head of a Federal agency, with respect to
the preparation of statements under section 102(2)(C)
for major Federal actions (as that term is used in that
section) of the agency.''. | Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2015 Act or the REBUILD Act This bill amends the National Environmental Policy Act of 1969 (NEPA) to authorize: (1) the assignment to states of federal environmental review responsibilities under NEPA and other relevant federal environmental laws for covered federal projects, and (2) states to assume all or part of those responsibilities. Each responsible federal official who is authorized to assign such responsibility must promulgate regulations that establish requirements relating to information required to be contained in state applications to assume those responsibilities. An official may approve an application only if: (1) public notice requirements have been met, (2) the state has the capability to assume the responsibilities, and (3) the head of the state agency having primary jurisdiction over covered projects enters into a written agreement with an official to assume the responsibilities and to maintain the financial resources necessary to carry them out. The officials must audit state compliance with federal laws for which responsibilities are assumed. The officials may terminate the responsibilities assigned to states after providing notice to states of any noncompliance and an opportunity to take corrective action. | billsum_train |
Provide a summary of the following text: SECTION 1. CAPITAL GAINS AND DIVIDENDS RATE MADE PERMANENT.
The Jobs and Growth Tax Relief Reconciliation Act of 2003 is
amended by striking section 303.
SEC. 2. ESTATE TAX RELIEF AND REFORM AFTER 2009.
(a) Restoration of Unified Credit Against Gift Tax.--Paragraph (1)
of section 2505(a) of the Internal Revenue Code of 1986 (relating to
general rule for unified credit against gift tax), after the
application of subsection (f), is amended by striking ``(determined as
if the applicable exclusion amount were $1,000,000)''.
(b) Exclusion Equivalent of Unified Credit Equal to $3,500,000.--
Subsection (c) of section 2010 of the Internal Revenue Code of 1986
(relating to unified credit against estate tax) is amended to read as
follows:
``(c) Applicable Credit Amount.--
``(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under section 2001(c) if the amount
with respect to which such tentative tax is to be computed were
equal to the applicable exclusion amount.
``(2) Applicable exclusion amount.--
``(A) In general.--For purposes of this subsection,
the applicable exclusion amount is $3,500,000.
``(B) Inflation adjustment.--In the case of any
decedent dying in a calendar year after 2009, the
$3,500,000 amount in subparagraph (A) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for such
calendar year by substituting `calendar year
2008' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.''.
(c) Flat Estate and Gift Tax Rates.--
(1) In general.--Subsection (c) of section 2001 of the
Internal Revenue Code of 1986 (relating to imposition and rate
of tax) is amended to read as follows:
``(c) Tentative Tax.--The tentative tax is 15 percent of the amount
with respect to which the tentative tax is to be computed.''.
(2) Conforming amendments.--
(A) Paragraphs (1) and (2) of section 2102(b) of
such Code are amended to read as follows:
``(1) In general.--A credit in an amount that would be
determined under section 2010 as the applicable credit amount
if the applicable exclusion amount were $60,000 shall be
allowed against the tax imposed by section 2101.
``(2) Residents of possessions of the united states.--In
the case of a decedent who is considered to be a `nonresident
not a citizen of the United States' under section 2209, the
credit allowed under this subsection shall not be less than the
proportion of the amount that would be determined under section
2010 as the applicable credit amount if the applicable
exclusion amount were $175,000 which the value of that part of
the decedent's gross estate which at the time of the decedent's
death is situated in the United States bears to the value of
the decedent's entire gross estate, wherever situated.''.
(B) Section 2502(a) of such Code (relating to
computation of tax), after the application of
subsection (f), is amended by adding at the end the
following flush sentence:
``In computing the tentative tax under section 2001(c) for purposes of
this subsection, `the last day of the calendar year in which the gift
was made' shall be substituted for `the date of the decedent's death'
each place it appears in such section.''.
(d) Modifications of Estate and Gift Taxes To Reflect Differences
in Unified Credit Resulting From Different Tax Rates.--
(1) Estate tax.--
(A) In general.--Section 2001(b)(2) of the Internal
Revenue Code of 1986 (relating to computation of tax)
is amended by striking ``if the provisions of
subsection (c) (as in effect at the decedent's death)''
and inserting ``if the modifications described in
subsection (g)''.
(B) Modifications.--Section 2001 of such Code is
amended by adding at the end the following new
subsection:
``(g) Modifications to Gift Tax Payable To Reflect Different Tax
Rates.--For purposes of applying subsection (b)(2) with respect to 1 or
more gifts, the rates of tax under subsection (c) in effect at the
decedent's death shall, in lieu of the rates of tax in effect at the
time of such gifts, be used both to compute--
``(1) the tax imposed by chapter 12 with respect to such
gifts, and
``(2) the credit allowed against such tax under section
2505, including in computing--
``(A) the applicable credit amount under section
2505(a)(1), and
``(B) the sum of the amounts allowed as a credit
for all preceding periods under section 2505(a)(2).
For purposes of paragraph (2)(A), the applicable credit amount
for any calendar year before 1998 is the amount which would be
determined under section 2010(c) if the applicable exclusion
amount were the dollar amount under section 6018(a)(1) for such
year.''.
(2) Gift tax.--Section 2505(a) of such Code (relating to
unified credit against gift tax) is amended by adding at the
end the following new flush sentence:
``For purposes of applying paragraph (2) for any calendar year, the
rates of tax in effect under section 2502(a)(2) for such calendar year
shall, in lieu of the rates of tax in effect for preceding calendar
periods, be used in determining the amounts allowable as a credit under
this section for all preceding calendar periods.''.
(e) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2009.
(f) Additional Modifications to Estate Tax.--
(1) In general.--The following provisions of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the
amendments made by such provisions, are hereby repealed:
(A) Subtitles A and E of title V.
(B) Subsection (d), and so much of subsection
(f)(3) as relates to subsection (d), of section 511.
(C) Paragraph (2) of subsection (b), and paragraph
(2) of subsection (e), of section 521.
The Internal Revenue Code of 1986 shall be applied as if such
provisions and amendments had never been enacted.
(2) Sunset not to apply to title v of egtrra.--Section 901
of the Economic Growth and Tax Relief Reconciliation Act of
2001 shall not apply to title V of such Act.
(3) Repeal of deadwood.--
(A) Sections 2011, 2057, and 2604 of the Internal
Revenue Code of 1986 are hereby repealed.
(B) The table of sections for part II of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2011.
(C) The table of sections for part IV of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2057.
(D) The table of sections for subchapter A of
chapter 13 of such Code is amended by striking the item
relating to section 2604. | Makes permanent the tax rate reductions for dividends and capital gains enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003.
Amends the Internal Revenue Code to: (1) restore the unified credit against the estate and gift tax after 2009; (2) establish the amount of such credit at $3.5 million; and (3) provide for a single 15% estate and gift tax rate. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulation Moratorium and Jobs
Preservation Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``agency'' has the meaning given under section
3502(1) of title 44, United States Code;
(2) the term ``regulatory action'' means any substantive
action by an agency that promulgates or is expected to lead to
the promulgation of a final regulation, including notices of
inquiry, advance notices of proposed rulemaking, and notices of
proposed rulemaking;
(3) the term ``significant regulatory action'' means any
regulatory action that is likely to result in a rule or
guidance that may--
(A) have an annual effect on the economy of
$100,000,000 or more or adversely affect in a material
way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or
safety, small entities, or State, local, or tribal
governments or communities;
(B) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
agency;
(C) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or
the rights and obligations of recipients thereof; or
(D) raise novel legal or policy issues; and
(4) the term ``small entities'' has the meaning given under
section 601(6) of title 5, United States Code.
SEC. 3. SIGNIFICANT REGULATORY ACTIONS.
(a) In General.--No agency may take any significant regulatory
action, until the Bureau of Labor Statistics average of monthly
unemployment rates for any quarter beginning after the date of
enactment of this Act is equal to or less than 7.7 percent.
(b) Determination.--The Secretary of Labor shall submit a report to
the Director of the Office of Management and Budget whenever the
Secretary determines that the Bureau of Labor Statistics average of
monthly unemployment rates for any quarter beginning after the date of
enactment of this Act is equal to or less than 7.7 percent.
SEC. 4. WAIVERS.
(a) National Security or National Emergency.--The President may
waive the application of section 3 to any significant regulatory
action, if the President--
(1) determines that the waiver is necessary on the basis of
national security or a national emergency; and
(2) submits notification to Congress of that waiver and the
reasons for that waiver.
(b) Additional Waivers.--
(1) Submission.--The President may submit a request to
Congress for a waiver of the application of section 3 to any
significant regulatory action.
(2) Contents.--A submission under this subsection shall
include--
(A) an identification of the significant regulatory
action; and
(B) the reasons which necessitate a waiver for that
significant regulatory action.
(3) Congressional action.--Congress shall give expeditious
consideration and take appropriate legislative action with
respect to any waiver request submitted under this subsection.
SEC. 5. JUDICIAL REVIEW.
(a) Definition.--In this section, the term ``small business'' means
any business, including an unincorporated business or a sole
proprietorship, that employs not more than 500 employees or that has a
net worth of less than $7,000,000 on the date a civil action arising
under this Act is filed.
(b) Review.--Any person that is adversely affected or aggrieved by
any significant regulatory action in violation of this Act is entitled
to judicial review in accordance with chapter 7 of title 5, United
States Code.
(c) Jurisdiction.--Each court having jurisdiction to review any
significant regulatory action for compliance with any other provision
of law shall have jurisdiction to review all claims under this Act.
(d) Relief.--In granting any relief in any civil action under this
section, the court shall order the agency to take corrective action
consistent with this Act and chapter 7 of title 5, United States Code,
including remanding the significant regulatory action to the agency and
enjoining the application or enforcement of that significant regulatory
action, unless the court finds by a preponderance of the evidence that
application or enforcement is required to protect against an imminent
and serious threat to the national security from persons or states
engaged in hostile or military activities against the United States.
(e) Reasonable Attorney Fees for Small Businesses.--The court shall
award reasonable attorney fees and costs to a substantially prevailing
small business in any civil action arising under this Act. A party
qualifies as substantially prevailing even without obtaining a final
judgment in its favor if the agency changes its position as a result of
the civil action.
(f) Limitation on Commencing Civil Action.--A person may seek and
obtain judicial review during the 1-year period beginning on the date
of the challenged agency action or within 90 days after an enforcement
action or notice thereof, except that where another provision of law
requires that a civil action be commenced before the expiration of that
1-year period, such lesser period shall apply. | Regulation Moratorium and Jobs Preservation Act of 2011 - Prohibits any federal agency from taking any significant regulatory action until the Bureau of Labor Statistics (BLS) reports a monthly unemployment rate equal to or less than 7.7%.
Defines as "significant" any regulatory action that is likely to: (1) have an annual effect on the economy of $100 million or more or adversely affect the economy, productivity, competition, jobs, the environment, public health or safety, small entities, or state, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with another agency's action; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues.
Authorizes the President to waive such prohibition if the President notifies Congress that a waiver is necessary on the basis of national security or a national emergency. Allows judicial review of all claims under this Act. | billsum_train |
Condense the following text into a summary: SECTION 1. 1999 WOMEN'S WORLD CUP.
(a) In General.--Subchapter II of Chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new heading:
`` 9902.98.07 Any of the
following
articles not
intended for sale
or distribution
to the public:
personal effects
of aliens who are
participants in,
officials of, or
accredited
members of
delegations to,
the 1999 Women's
World Cup, and of
persons who are
immediate family
members of or
servants to any
of the foregoing
persons;
equipment and
materials
imported in
connection with
the foregoing
event by or on
behalf of the
foregoing persons
or the organizing
committee of such
event; articles
to be used in
exhibitions
depicting the
culture of a
country
participating in
such event; and,
if consistent
with the
foregoing, such
other articles as
the Secretary of
the Treasury may
allow............ Free No change Free On or before 8/1/
99
(b) Taxes and Fees Not To Apply.--The articles described in heading
9902.98.07 of the Harmonized Tariff Schedule of the United States (as
added by subsection (a)) shall be free of taxes and fees which may be
otherwise applicable.
(c) Effective Date.--The amendment made by this section applies to
articles entered, or withdrawn from warehouse for consumption, on or
after the 15th day after the date of the enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through August 1, 1999, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 Women's World Cup. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetes Treatment and Prevention
Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Centers for Disease Control and
Prevention, the prevalence of diabetes in the United States has
more than doubled in the past quarter-century.
(2) The American Diabetes Association reports that there
are now more than 20,000,000 people in the United States living
with diabetes, with 6,000,000 of these cases not yet diagnosed.
Another 54,000,000 people in the United States have ``pre-
diabetes'', which means that they have higher than normal blood
glucose levels, and are at increased risk of developing
diabetes.
(3) In 2002, the landmark Diabetes Prevention Program study
found that lifestyle changes, such as diet and exercise, can
prevent or delay the onset of type 2 diabetes, and that
participants who made such lifestyle changes reduced their risk
of getting type 2 diabetes by 58 percent.
(4) The New York Times has reported that lifestyle-based
interventions to control diabetes have resulted in positive
outcomes for patients, yet despite these successes, such
interventions were often unsustainable. While insurance
companies cover the treatments of complications of unchecked
diabetes, they tend not to cover the cheaper interventions to
prevent such complications.
(5) According to the American Diabetes Association, in
2002, direct medical expenditures for diabetes totaled
$91,800,000,000, including $23,200,000,000 for diabetes care,
and $24,600,000,000 for chronic complications attributable to
diabetes. In that year, approximately 1 out of every 10 health
care dollars was directed to diabetes.
(6) There is a need to increase the availability of
effective community-based lifestyle programs for diabetes
prevention and the ability of health care providers to refer
patients for enrollment in such programs to prevent diabetes,
reduce complications, and lower the costs associated with
diabetes treatment in the United States, and the Federal
government should encourage efforts to replicate the results of
the Diabetes Prevention Program on a wider scale.
SEC. 3. CENTERS FOR DISEASE CONTROL AND PREVENTION DIVISION OF DIABETES
TRANSLATION; DIABETES DEMONSTRATION PROJECTS.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 317S the following:
``SEC. 317T. CENTERS FOR DISEASE CONTROL AND PREVENTION DIVISION OF
DIABETES TRANSLATION.
``(a) In General.--The Director of the Centers for Disease Control
and Prevention shall establish within such Centers a Division of
Diabetes Translation to eliminate the preventable burden of diabetes.
``(b) Office.--The Division of Diabetes Translation shall carry out
the following activities:
``(1) Supporting and carrying out diabetes surveillance.
``(2) Conducting applied translational research, including
research that will improve early detection, prevention, and
access to quality care with respect to diabetes.
``(3) Working with States to establish and improve diabetes
control and prevention programs.
``(4) Coordinating the National Diabetes Education Program
in conjunction with the National Institutes of Health.
``(5) Increasing education and awareness of diabetes.
``(6) Promoting greater awareness of the health effects of
uncontrolled diabetes.
``(7) Other activities as deemed appropriate by the
Director.
``(c) Appropriations.--There are authorized to be appropriated to
carry out the activities of the Division of Diabetes Translation under
this section $90,000,000 for fiscal year 2008, and such sums as may be
necessary for each subsequent fiscal year.
``SEC. 317U. DEMONSTRATION PROJECTS FOR THE IDENTIFICATION AND
TREATMENT FOR PERSONS DIAGNOSED WITH OR AT HIGH RISK FOR
DIABETES.
``(a) Identification and Prevention Demonstration Projects for
Persons at High Risk for Type 2 Diabetes.--
``(1) In general.--
``(A) Development.--The Director of the Centers for
Disease Control and Prevention (referred to in this
section as the `Director'), in consultation with the
Division of Diabetes Translation and academic centers,
shall develop a set of pilot demonstration projects to
evaluate various approaches to--
``(i) screening and identifying persons
with pre-diabetes and undiagnosed diabetes; and
``(ii) providing identified persons with
access to appropriate lifestyle interventions.
``(B) Linkage to diabetes prevention program.--Such
pilot projects shall be carried out with the goal of
translating, using lifestyle interventions available in
the community, the Diabetes Prevention Program clinical
trial into interventions to reduce the incidence of
type 2 diabetes and its related complications in the
United States population.
``(2) Cooperative agreements.--
``(A) In general.--The Director shall provide
cooperative agreements and technical assistance to not
more than 10 academic centers partnered with State or
local public health departments to implement, monitor,
and evaluate such pilot projects.
``(B) Application.--Applicants shall submit to the
Director an application, at such time, in such manner,
and containing such information as the Director may
require, including--
``(i) information documenting the risk of
the populations to be targeted by this
intervention; and
``(ii) information regarding the methods
that shall be used to identify and screen these
populations.
``(3) Duration.--The cooperative agreements awarded under
this subsection shall be awarded for a 2-year period, with the
Director having the option to extend cooperative agreements for
an additional 2-year period.
``(4) Evaluation.--Not later than 4 years after the date of
the enactment of the Diabetes Treatment and Prevention Act of
2007, the Director shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
evaluating the effectiveness of the program under this
subsection and shall make such report publicly available.
``(5) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000 to carry out this
subsection for each of fiscal years 2008 through 2012.
``(b) State Partnerships for Surveillance and Education.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall engage in partnerships with State and local health
departments to carry out the following activities:
``(A) National, State, and local (to the degree
determined by the Secretary) surveillance of the
following items:
``(i) The number of individuals and
percentage of the population at risk for
developing diabetes.
``(ii) The number of individuals and
percentage of the population who have received
diabetes and high blood glucose screenings.
``(iii) Among those individuals who have
been identified with pre-diabetes, the
proportion that have been enrolled into
lifestyle programs.
``(iv) The availability of interventions to
prevent diabetes, and the access of the
population to such interventions.
``(v) The number of individuals and
percentage of population with both newly-
diagnosed cases of diabetes and existing cases
of diabetes, as well as the rates of increase
or decrease in newly-diagnosed diabetes.
``(vi) Other relevant factors as determined
by the Secretary.
``(B) Education and information campaigns to
increase awareness among populations at high risk for
diabetes, health care providers, and the general
public, about the importance of primary prevention,
ways to assess personal risk, and how to locate and
access diabetes prevention programs.
``(2) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000 to carry out this
subsection for each of the fiscal years 2008 through 2012.
``(c) Treatment Demonstration Projects for Co-Occurring Chronic
Conditions.--
``(1) In general.--The Director, acting through the
Division of Diabetes Translation, shall develop a pilot program
to improve treatment for individuals with diabetes and other
co-occurring chronic conditions, such as mental illness, high
blood pressure, or cardiovascular disease, for which treatment
may complicate the treatment for diabetes.
``(2) Cooperative agreements.--
``(A) In general.--The Director shall provide
cooperative agreements and technical assistance to not
more than 10 academic centers, in partnership with
State and local health departments, to implement,
monitor, and evaluate programs designed to improve
health outcomes in individuals with diabetes and other
co-occurring chronic conditions.
``(B) Application.--Applicants shall submit to the
Director an application, at such time, in such manner,
and containing such information as the Director may
require, including information regarding the co-
occurring conditions that shall be the subject of
study.
``(C) Preference.--In awarding the cooperative
agreements under this subsection, the Director shall
give preference for research that focuses on conditions
which have a high prevalence among individuals with
diabetes, or for which the treatment involved has the
potential to impact adherence to diabetes treatment
regimens and that builds upon existing work designed to
improve the quality of care for patients with diabetes.
``(3) Duration.--The cooperative agreements awarded under
this subsection shall be awarded for a 2-year period, with the
Director having the option to extend cooperative agreements for
an additional 2-year period.
``(4) Evaluation.--Not later than 4 years after the date of
the enactment of the Diabetes Treatment and Prevention Act of
2007, the Director shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
evaluating the effectiveness of the program under this
subsection in improving the health care outcomes for
individuals with diabetes and other co-occurring chronic
conditions and shall make such report publicly available.
``(5) Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this subsection for each
of the fiscal years 2008 through 2012.''. | Diabetes Treatment and Prevention Act of 2007 - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to establish the Division of Diabetes Translation to eliminate diabetes.
Requires the Director to develop pilot demonstration projects to evaluate various approaches to: (1) screening and identifying persons with pre-diabetes and undiagnosed diabetes; and (2) providing such persons with access to appropriate lifestyle interventions. Requires such projects to be carried out with the goal of translating the Diabetes Prevention Program clinical trial into interventions to reduce the incidence of type-2 diabetes and its related complications in the U.S. population.
Requires the Secretary of Health and Human Services, acting through the Director, to engage in partnerships with state and local health departments to carry out: (1) national, state, and local surveillance related to diabetes; and (2) education and information campaigns to increase awareness about the importance of primary prevention, ways to assess personal risk, and how to locate and access diabetes prevention programs.
Requires the Director, acting through the Division, to develop a pilot program to improve treatment for individuals with diabetes and other co-occurring chronic conditions for which treatment may complicate the treatment for diabetes. Requires the Director to give preference to research that: (1) focuses on conditions which have a high prevalence among individuals with diabetes or for which the treatment involved has the potential to impact adherence to diabetes treatment regiments; and (2) builds upon existing work designed to improve the quality of care for patients with diabetes. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Howard M. Metzenbaum Menu Education
and Labeling Act'' or the ``Howard M. Metzenbaum MEAL Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) research continues to reveal that--
(A) there is a strong link between diet and health;
and
(B) diet-related diseases start early in life;
(2)(A) increased caloric intake is a key factor
contributing to the alarming increase in obesity in the United
States;
(B) Americans' average calorie intake increased by
approximately 200 calories per day between 1977 and 1996, with
restaurant and fast food accounting for the fastest growing
source of those calories;
(C) according to the Centers for Disease Control and
Prevention, \2/3\ of American adults is overweight or obese,
and an estimated 34 percent of children and adolescents aged 2
to 19 is overweight or obese;
(D) obesity increases the risk of diabetes, heart disease,
stroke, several types of cancer, and other health problems; and
(E) the annual cost of obesity to families, businesses, and
governments in the United States is $123,000,000,000, half of
which is paid through Medicare and Medicaid;
(3) over the past 2 decades, there has been a significant
increase in the number of meals prepared or eaten outside the
home, with an estimated \1/3\ of calories and almost half of
total food dollars being spent on food purchased from or eaten
at restaurants and other food-service establishments;
(4) studies link eating outside the home with obesity and
higher caloric intakes, and children eat almost twice as many
calories when they eat a meal at a restaurant compared to a
meal they eat at home;
(5)(A) excess saturated fat intake is a major risk factor
for heart disease, which is the leading cause of death in the
United States; and
(B) heart disease is a leading cause of disability among
working adults and its impact on the United States economy is
significant, estimated in 2008 to total $156,400,000,000 in
healthcare expenditures and lost productivity;
(6)(A) increased sodium intake is associated with increased
risk of high blood pressure, or hypertension, a condition that
can lead to cardiovascular disease, especially stroke; and
(B) the proportion of adults with high blood pressure is 45
percent at age 50, 60 percent at age 60, and more than 70
percent at age 70;
(7) the Nutrition Labeling and Education Act of 1990
(Public Law 101-535) requires food manufacturers to provide
nutrition information on almost all packaged foods; however,
restaurant foods are exempt from those requirements unless a
nutrient content or health claim is made for a menu item;
(8)(A) about 75 percent of adults reports using food labels
on packaged foods, which is associated with eating more
healthful diets, and approximately half of adults reports that
the nutrition information on food labels has caused them to
change their minds about buying a food product; and
(B) studies have shown that the provision of nutrition
information for away-from-home foods has a positive influence
on food purchase decisions;
(9) an important benefit of mandatory nutrition labeling on
packaged foods has been the reformulation of existing products
and the introduction of new, nutritionally-improved products,
such as trans fat labeling on packaged food that led many
packaged food companies to reformulate their products to remove
trans fat;
(10)(A) because people have a right to information,
companies are required to provide information regarding the
fuel-efficiency of automobiles, what clothes are made of, care
instructions for clothing, and energy and water consumption of
certain home appliances; and
(B) people need nutritional information to manage their
weight and reduce the risk of, or manage, heart disease,
diabetes, and high blood pressure, which are leading causes of
death, disability, and high health care costs;
(11)(A) it is difficult for consumers to exercise personal
responsibility and limit their intake of calories at
restaurants, given the limited availability of nutrition
information at the point of ordering in restaurants;
(B) standard portion sizes in fast food and chain
restaurants have grown since the 1970s; and
(C) several studies show that people are unable to identify
from among popular fast food and other chain restaurant menu
items those items with the fewest, and those items with the
most, calories;
(12) the Food and Drug Administration, Surgeon General,
Department of Health and Human Services, National Cancer
Institute, Institute of Medicine of the National Academies,
American Diabetes Association, American Heart Association, and
American Medical Association recommend that there be increased
availability of nutrition information for foods eaten and
prepared away from home; and
(13) menu labeling policies have been introduced in more
than 30 States and localities, and menu labeling policies have
passed in California; New York City; Multnomah County
(Portland), Oregon; King County (Seattle), Washington; and
Philadelphia, Pennsylvania.
SEC. 3. NUTRITION LABELING OF STANDARD MENU ITEMS AT CHAIN RESTAURANTS
AND OF ARTICLES OF FOOD SOLD FROM VENDING MACHINES.
(a) Labeling Requirements.--Section 403(q)(5) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)) is amended by adding at
the end the following:
``(H) Restaurants, Retail Food Establishments, and Vending
Machines.--
``(i) General requirements for restaurants and similar
retail food establishments.--Except for food described in
subclause (vii), in the case of food that is a menu item that
is served, processed, or prepared in a restaurant or similar
retail food establishment that is part of a chain with 20 or
more locations doing business under the same name (regardless
of the type of ownership of the locations) and offering for
sale substantially the same menu items the restaurant or
establishment shall disclose the information described in
subclauses (ii) and (iii).
``(ii) Information required to be disclosed by restaurants
and retail food establishments.--Except as provided in
subclause (vii), the restaurant or similar retail food
establishment shall disclose in a clear and conspicuous
manner--
``(I)(aa) in a statement adjacent to the name of
the standard menu item, so as to be clearly associated
with the standard menu item, on any menu listing the
item for sale--
``(AA) the number of calories;
``(BB) grams of saturated fat plus trans
fat;
``(CC) grams of carbohydrate; and
``(DD) milligrams of sodium,
per standard menu item, as usually prepared and
offered for sale; and
``(bb) information, specified by the Secretary by
regulation, provided in a prominent location on the
menu and designed to enable the public to understand,
in the context of a total daily diet, the significance
of the nutrition information that is provided, such as
recommended daily limits for calories, saturated fat,
and sodium;
``(II) in a statement adjacent to the name of the
standard menu item, so as to be clearly associated with
the standard menu item, on any menu board, including a
drive-through menu board or other sign listing the item
for sale--
``(aa) the number of calories contained in the menu
item, as usually prepared and offered for sale;
``(bb) notification that the information required
by subitem (aa) of item (I) is available in writing at
the point of ordering; and
``(cc) information, specified by the Secretary by
regulation and posted prominently on the menu board,
designed to enable the public to understand, in the
context of a total daily diet, the significance of the
nutrition information that is provided.
``(iii) Self-service food and food on display.--In the case
of food sold at a salad bar, buffet line, cafeteria line, or
similar self-service facility, and for self-service beverages
or food that is on display and that is visible to customers, a
restaurant or similar retail food establishment shall place
adjacent to each food offered a sign that lists calories per
displayed food item or per serving.
``(iv) Nutrition analysis.--For the purposes of this
clause, a restaurant or similar retail food establishment shall
obtain the nutrient analysis required by this clause using
analytic methods and express nutrient content in a manner
consistent with this Act.
``(v) Menu variability and combination meals.--The
Secretary shall establish by regulation standards for labeling
menu items that come in different flavors, varieties, or
combinations, but which are listed as a single menu item, such
as soft drinks, ice cream, pizza, doughnuts, or children's
combination meals.
``(vi) Additional information.--If the Secretary determines
that a nutrient other than those for which a statement is
required under subclause (ii)(I) should be included in labeling
of menu items for the purpose of providing information to
assist consumers in maintaining healthy dietary practices, the
Secretary may promulgate regulations requiring that such
information be included in labeling at restaurants and similar
retail food establishments.
``(vii) Nonapplicability to certain food.--Subclauses (i)-
(vi) do not apply to--
``(I) items that are not listed on a menu or menu
board (such as condiments and other items placed on the
table or counter for general use); or
``(II) daily specials, temporary menu items
appearing on the menu for less than 30 days, or custom
orders.
``(viii) Vending machines.--
``(I) In general.--In the case of an article of
food sold from a vending machine that--
``(aa) does not permit a prospective
purchaser to examine the Nutrition Facts Panel
before purchasing the article or does not
otherwise provide visible nutrition information
at the point of purchase; and
``(bb) is operated by a person who is
engaged in the business of owning or operating
20 or more vending machines,
the vending machine operator shall provide a sign in
close proximity to each article of food or the
selection button that includes a clear and conspicuous
statement disclosing the number of calories contained
in the article.
``(ix) Voluntary provision of nutrition information; state
regulation of nutrition information for restaurant food and
food sold from vending machines.--
``(I) Additional information.--Nothing in this
clause precludes a restaurant or similar retail food
establishment or a vending machine operator from
providing additional nutrition information,
voluntarily, if the information complies with the
nutrition labeling requirements under this Act.
``(II) Other food establishments and vending
machine operators.--Nothing in this clause precludes a
restaurant or similar retail food establishment or a
vending machine operator that is not required to
disclose nutrition information under this clause from
providing nutrition information voluntarily, if the
information complies with the nutrition labeling
requirements under this subparagraph.
``(III) State or local requirements.--Nothing in
this clause precludes a State or political subdivision
of a State from requiring that a restaurant or similar
retail food establishment or a vending machine
operator, including a restaurant or similar retail food
establishment or vending machine operator that is not
required to disclose nutrition information under this
clause, provide nutrition information in addition to
that required under this clause.
``(x) Regulations.--
``(I) Proposed regulation.--Not later than 1 year
after the date of enactment of this clause, the
Secretary shall promulgate proposed regulations to
carry out this clause.
``(II) Contents.--The regulations shall allow for
reasonable variations in serving sizes and in food
preparation that may result from inadvertent human
error, training of food service workers, variations in
ingredients, and other factors.
``(III) Reporting.--The Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce
of the House of Representatives a quarterly report that
describes the Secretary's progress toward promulgating
final regulations under this subparagraph.''.
(b) Non-Preemption.--Subsection (a)(4) of section 403A of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(4)) is amended
by inserting ``or a labeling requirement under section 403(q)(5)(H)''
after ``section 403(q)(5)(A)''. | Howard M. Metzenbaum Menu Education and Labeling Act or the Howard M. Metzenbaum MEAL Act - Amends the Federal Food, Drug, and Cosmetic Act to require chain restaurants with 20 or more locations doing business under the same trade name to disclose: (1) in a statement adjacent to a standard menu item, the number of calories, grams of saturated plus trans fat, grams of carbohydrate, and milligrams of sodium in each such item; (2) other information designed to enable the public to understand the significance of the nutrition information provided in the context of a total daily diet; (3) that such nutrition information is available in writing at the point of ordering; and (4) the number of calories in food on a drive-through menu board, adjacent to each menu item. Exempts condiments, items placed on a table or counter for general use, daily specials, and temporary menu items.
Requires restaurants that sell self-serve food and beverages, such as through a salad bar, buffet line, or cafeteria lines, to place a sign that lists the number of calories per serving adjacent to each food item or beverage offered.
Requires vending machine operators who operate 20 or more vending machines to provide a conspicuous sign disclosing the number of calories contained in each article of food dispensed from such machines.
Permits restaurants and vending machine operators to voluntarily provide, and states to require, additional nutritional information. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Employment Opportunity Act of
2011''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that denial of employment
opportunities to individuals because they are or have been unemployed
is discriminatory and burdens commerce by--
(1) reducing personal consumption and undermining economic
stability and growth;
(2) squandering human capital essential to the Nation's
economic vibrancy and growth;
(3) increasing demands for State and Federal unemployment
insurance benefits, reducing trust fund assets, and leading to
higher payroll taxes for employers, cuts in benefits for
jobless workers, or both;
(4) imposing additional burdens on publicly funded health
and welfare programs; and
(5) depressing income, property, and other tax revenues
that states, localities and the Federal Government rely on to
support operations and institutions essential to commerce.
(b) Purpose.--The purpose of this Act is to prohibit consideration
of an individual's status as unemployed in screening for or filling
positions except where a requirement related to employment status is a
bona fide occupational qualification reasonably necessary to successful
performance in the job and to eliminate the burdens imposed on commerce
by excluding such individuals from employment.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``employer'' means any person engaged in
commerce or any industry or activity affecting commerce who has
15 or more employees for each working day in each of 20 or more
calendar weeks in the current or preceding calendar year, and
includes--
(A) any person who acts, directly or indirectly, in
the interest of an employer with respect to employing
individuals to work for the employer; and
(B) any successor in interest of an employer.
(2) the term ``employment agency'' means any person
regularly undertaking with or without compensation to procure
employees for an employer or to procure for individuals
opportunities to work for an employer and includes an agent of
such a person, and includes any person who maintains an
Internet website that publishes advertisements or announcements
of job openings;
(3) the term ``affected individual'' means any person who
was refused consideration for employment or was not hired by an
employer because of the person's current employment status, or
any person who was not considered, screened, or referred for
employment opportunities by an employment agency because of the
person's current employment status;
(4) the term ``status as unemployed'' means an individual's
present or past unemployment regardless of the length of time
such individual was unemployed; and
(5) the term ``Secretary'' means the Secretary of Labor.
SEC. 4. PROHIBITED ACTS.
(a) Employers.--It shall be an unlawful practice for an employer
to--
(1) refuse to consider for employment or refuse to offer
employment to an individual because of the individual's status
as unemployed;
(2) publish in print, on the Internet, or in any other
medium, an advertisement or announcement for any job that
includes--
(A) any provision stating or indicating that an
individual's status as unemployed disqualifies the
individual for a job; and
(B) any provision stating or indicating that an
employer will not consider an applicant for employment
based on that individual's status as unemployed; and
(3) direct or request that an employment agency take an
individual's status as unemployed into account in screening or
referring applicants for employment.
(b) Employment Agencies.--It shall be an unlawful practice for an
employment agency to--
(1) refuse to consider or refer an individual for
employment based on the individual's status as unemployed;
(2) limit, segregate, or classify individuals in any manner
that may limit their access to information about jobs or
referral for consideration of jobs because of their status as
unemployed; or
(3) publish, in print or on the Internet or in any other
medium, an advertisement or announcement for any job vacancy
that includes--
(A) any provision stating or indicating that an
individual's status as unemployed disqualifies the
individual for a job; and
(B) any provision stating or indicating that an
employer will not consider individuals for employment
based on that individual's status as unemployed.
(c) Interference With Rights, Proceedings or Inquiries.--It shall
be unlawful for any employer or employment agency to--
(1) interfere with, restrain, or deny the exercise of or
the attempt to exercise, any right provided under this Act; or
(2) refuse to hire, to discharge, or in any other manner to
discriminate against any individual because such individual--
(A) opposed any practice made unlawful by this Act;
(B) has filed any charge, or has instituted or
caused to be instituted any proceeding, under or
related to this Act;
(C) has given, or is about to give, any information
in connection with any inquiry or proceeding relating
to any right provided under this Act; or
(D) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided
under this Act.
(d) Bona Fide Occupational Qualification.--Notwithstanding any
other provision of this Act, consideration by an employer or employment
agency of an individual's status as unemployed shall not be an unlawful
employment practice where an individual's employment in a similar or
related job for a period of time reasonably proximate to the hiring of
such individual is a bona fide occupational qualification reasonably
necessary to successful performance of the job that is being filled.
SEC. 5. ENFORCEMENT.
(a) Civil Action by Individual.--
(1) Liability for employers and employment agencies.--Any
employer or employment agency that violates section 4(a) and
(b) shall be liable to any affected individual--
(A) for actual damages equal to--
(i) the amount of--
(I) any wages, salary, employment
benefits, or other compensation denied
or lost to such individual by reason of
the violation; or
(II) in a case in which wages,
salary, employment benefits, or other
compensation have not been denied or
lost to the individual, any actual
monetary losses sustained by the
individual as a direct result of the
violation or a civil penalty of $1,000
per violation per day, whichever is
greater;
(ii) the interest on the amount described
in clause (i) calculated at the prevailing
rate; and
(iii) an additional amount as liquidated
damages equal to the sum of the amount
described in clause (i) and the interest
described in clause (ii), except that if an
employer or employment agency that has violated
section 4 proves to the satisfaction of the
court that the act or omission that violated
section 4 was in good faith and that the
employer had reasonable grounds for believing
that the act or omission was not a violation of
section 4, such court may, in its discretion,
reduce the amount of the liability to the
amount and interest determined under clauses
(i) and (ii), respectively; and
(B) for such equitable relief as may be
appropriate, including employment and compensatory and
punitive damages.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) of this subsection
may be maintained against any employer or employment agency in
any Federal or State court of competent jurisdiction by any one
or more persons for and in behalf of--
(A) the affected individual; or
(B) the affected individual and other individuals
similarly situated.
(3) Fees and costs.--The court in such an action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees, and
other costs of the action to be paid by the defendant.
(4) Limitations.--The right provided by paragraph (2) of
this subsection to bring an action by or on behalf of any
affected individual shall terminate--
(A) on the filing of a complaint by the Secretary
in an action under subsection (d) in which restraint is
sought of any violation of section 4; or
(B) on the filing of a complaint by the Secretary
in an action under subsection (b) in which a recovery
is sought of the damages described in paragraph (1)(A)
owing to an affected individual by an employer or
employment agency liable under paragraph (1), unless
the action described in subparagraph (A) or (B) is
dismissed without prejudice on motion of the Secretary.
(b) Action by the Secretary.--
(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 4 in the same manner that the Secretary receives,
investigates, and attempts to resolve complaints of violations
of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206 and 207).
(2) Civil action.--The Secretary may bring an action in any
court of competent jurisdiction--
(A) to enjoin violations of this title and seek
other relief going forward necessary to prevent future
violations;
(B) to recover--
(i) the damages described in subsection
(a)(1)(A);
(ii) in the case of a violation of section
4(c), a civil penalty of not less than $250 per
violation; or
(iii) such other equitable relief the Court
deems appropriate.
(3) Sums recovered.--Any sums recovered by the Secretary
pursuant to paragraph (2)(A) shall be held in a special deposit
account and shall be paid, on order of the Secretary, directly
to each affected individual. Any such sums recovered pursuant
to paragraph (2)(A) that are not paid to an affected individual
because of inability to do so within a period of 3 years and
any sums recovered pursuant to paragraph (2)(B) shall be
deposited into the Treasury of the United States as
miscellaneous receipts.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), an
action under subsection (a) may be brought not later than 2
years after the date of the last event constituting the alleged
violation for which the action is brought, provided that the
limitations for filing an action shall be tolled during the
period that the Secretary is considering a complaint against
any defendant named in a complaint filed with the Secretary
under subsection (b)(1) above.
(2) Willful violation.--In the case of such action brought
for a willful violation of section 4, such action may be
brought within 3 years of the date of the last event
constituting the alleged violation for which such action is
brought, provided that the limitations for filing an action by
an individual shall be tolled during the period that the
Secretary is considering a complaint pursuant to subsection
(b)(1).
(3) Commencement.--In determining when an action is
commenced by the Secretary under this section for the purposes
of this subsection, it shall be considered to be commenced on
the date when the Secretary files a complaint in a court of
competent jurisdiction.
(d) Action for Injunction by Secretary.--The district courts of the
United States shall have jurisdiction, for cause shown, in an action
brought by the Secretary--
(1) to restrain violations of section 4; and
(2) to award such other equitable relief as may be
appropriate, including employment and monetary damages.
(e) Solicitor of Labor.--The Solicitor of Labor may appear for and
represent the Secretary on any litigation brought under this section. | Fair Employment Opportunity Act of 2011 - Declares it an unlawful practice for certain employers with at least 15 employees for each working day in each of at least 20 calendar weeks in the current or preceding calendar year to: (1) refuse to consider or offer employment to an individual based on present or past unemployment regardless of the length of time such individual was unemployed; (2) publish an advertisement or announcement for any job with provisions indicating that such an unemployed status disqualifies an individual and that an employer will not consider an applicant based on such status; and (3) direct or request that an employment agency account for such status when screening or referring applicants.
Prohibits an employment agency (including agents and persons maintaining a website publishing job advertisements or announcements), based on such an individual's status as unemployed, from: (1) refusing to consider or refer an individual for employment; (2) limiting, segregating, or classifying individuals in any manner limiting access to job information; or (3) publishing an advertisement or announcement for any job vacancy that includes provisions indicating that such an individual is disqualified and that an employer will not consider such individuals.
Allows consideration of an individual's status as unemployed where an individual's employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance of the job being filled.
Authorizes, subject to termination upon the filing of certain complaints by the Secretary of Labor, one or more persons for and in behalf of the affected individual, or the affected individual and other individuals similarly situated, to bring actions in federal or state court for specified actual damages and equitable relief including employment and compensatory and punitive damages.
Directs the Secretary to: (1) receive, investigate, and attempt to resolve complaints according to specified provisions of the Fair Labor Standards Act of 1938; and (2) pay directly to each affected individual applicable sums recovered in any civil actions brought by the Secretary under this Act.
Sets forth a two-year statute of limitations period (three years for willful violations) for specified civil actions under this Act, subject to tolling when the Secretary is considering certain complaints. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop AIDS in Prison Act of 2011''.
SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.
(a) In General.--The Bureau of Prisons (hereinafter in this Act
referred to as the ``Bureau'') shall develop a comprehensive policy to
provide HIV testing, treatment, and prevention for inmates within the
correctional setting and upon reentry.
(b) Purpose.--The purposes of this policy shall be as follows:
(1) To stop the spread of HIV/AIDS among inmates.
(2) To protect prison guards and other personnel from HIV/
AIDS infection.
(3) To provide comprehensive medical treatment to inmates
who are living with HIV/AIDS.
(4) To promote HIV/AIDS awareness and prevention among
inmates.
(5) To encourage inmates to take personal responsibility
for their health.
(6) To reduce the risk that inmates will transmit HIV/AIDS
to other persons in the community following their release from
prison.
(c) Consultation.--The Bureau shall consult with appropriate
officials of the Department of Health and Human Services, the Office of
National Drug Control Policy, the Office of National AIDS Policy, and
the Centers for Disease Control regarding the development of this
policy.
(d) Time Limit.--The Bureau shall draft appropriate regulations to
implement this policy not later than 1 year after the date of the
enactment of this Act.
SEC. 3. REQUIREMENTS FOR POLICY.
The policy created under section 2 shall do the following:
(1) Testing and counseling upon intake.--
(A) Health care personnel shall provide routine HIV
testing to all inmates as a part of a comprehensive
medical examination immediately following admission to
a facility. (Health care personnel need not provide
routine HIV testing to an inmate who is transferred to
a facility from another facility if the inmate's
medical records are transferred with the inmate and
indicate that the inmate has been tested previously.)
(B) To all inmates admitted to a facility prior to
the effective date of this policy, health care
personnel shall provide routine HIV testing within no
more than 6 months. HIV testing for these inmates may
be performed in conjunction with other health services
provided to these inmates by health care personnel.
(C) All HIV tests under this paragraph shall comply
with the opt-out provision.
(2) Pre-test and post-test counseling.--Health care
personnel shall provide confidential pre-test and post-test
counseling to all inmates who are tested for HIV. Counseling
may be included with other general health counseling provided
to inmates by health care personnel.
(3) HIV/AIDS prevention education.--
(A) Health care personnel shall improve HIV/AIDS
awareness through frequent educational programs for all
inmates. HIV/AIDS educational programs may be provided
by community based organizations, local health
departments, and inmate peer educators.
(B) HIV/AIDS educational materials shall be made
available to all inmates at orientation, at health care
clinics, at regular educational programs, and prior to
release. Both written and audio-visual materials shall
be made available to all inmates.
(C)(i) The HIV/AIDS educational programs and
materials under this paragraph shall include
information on--
(I) modes of transmission, including
transmission through tattooing, sexual contact,
and intravenous drug use;
(II) prevention methods;
(III) treatment; and
(IV) disease progression.
(ii) The programs and materials shall be culturally
sensitive, written or designed for low literacy levels,
available in a variety of languages, and present
scientifically accurate information in a clear and
understandable manner.
(4) HIV testing upon request.--
(A) Health care personnel shall allow inmates to
obtain HIV tests upon request once per year or whenever
an inmate has a reason to believe the inmate may have
been exposed to HIV. Health care personnel shall, both
orally and in writing, inform inmates, during
orientation and periodically throughout incarceration,
of their right to obtain HIV tests.
(B) Health care personnel shall encourage inmates
to request HIV tests if the inmate is sexually active,
has been raped, uses intravenous drugs, receives a
tattoo, or if the inmate is concerned that the inmate
may have been exposed to HIV/AIDS.
(C) An inmate's request for an HIV test shall not
be considered an indication that the inmate has put
him/herself at risk of infection and/or committed a
violation of prison rules.
(5) HIV testing of pregnant woman.--
(A) Health care personnel shall provide routine HIV
testing to all inmates who become pregnant.
(B) All HIV tests under this paragraph shall comply
with the opt-out provision.
(6) Comprehensive treatment.--
(A) Health care personnel shall provide all inmates
who test positive for HIV--
(i) timely, comprehensive medical
treatment;
(ii) confidential counseling on managing
their medical condition and preventing its
transmission to other persons; and
(iii) voluntary partner notification
services.
(B) Health care provided under this paragraph shall
be consistent with current Department of Health and
Human Services guidelines and standard medical
practice. Health care personnel shall discuss treatment
options, the importance of adherence to antiretroviral
therapy, and the side effects of medications with
inmates receiving treatment.
(C) Health care personnel and pharmacy personnel
shall ensure that the facility formulary contains all
Food and Drug Administration-approved medications
necessary to provide comprehensive treatment for
inmates living with HIV/AIDS, and that the facility
maintains adequate supplies of such medications to meet
inmates' medical needs. Health care personnel and
pharmacy personnel shall also develop and implement
automatic renewal systems for these medications to
prevent interruptions in care.
(D) Correctional staff, health care personnel, and
pharmacy personnel shall develop and implement
distribution procedures to ensure timely and
confidential access to medications.
(7) Protection of confidentiality.--
(A) Health care personnel shall develop and
implement procedures to ensure the confidentiality of
inmate tests, diagnoses, and treatment. Health care
personnel and correctional staff shall receive regular
training on the implementation of these procedures.
Penalties for violations of inmate confidentiality by
health care personnel or correctional staff shall be
specified and strictly enforced.
(B) HIV testing, counseling, and treatment shall be
provided in a confidential setting where other routine
health services are provided and in a manner that
allows the inmate to request and obtain these services
as routine medical services.
(8) Testing, counseling, and referral prior to reentry.--
(A) Health care personnel shall provide routine HIV
testing to all inmates no more than 3 months prior to
their release and reentry into the community. (Inmates
who are already known to be infected need not be tested
again.) This requirement may be waived if an inmate's
release occurs without sufficient notice to the Bureau
to allow health care personnel to perform a routine HIV
test and notify the inmate of the results.
(B) All HIV tests under this paragraph shall comply
with the opt-out provision.
(C) To all inmates who test positive for HIV and
all inmates who already are known to have HIV/AIDS,
health care personnel shall provide--
(i) confidential prerelease counseling on
managing their medical condition in the
community, accessing appropriate treatment and
services in the community, and preventing the
transmission of their condition to family
members and other persons in the community;
(ii) referrals to appropriate health care
providers and social service agencies in the
community that meet the inmate's individual
needs, including voluntary partner notification
services and prevention counseling services for
people living with HIV/AIDS; and
(iii) a 30-day supply of any medically
necessary medications the inmate is currently
receiving.
(9) Opt-out provision.--Inmates shall have the right to
refuse routine HIV testing. Inmates shall be informed both
orally and in writing of this right. Oral and written
disclosure of this right may be included with other general
health information and counseling provided to inmates by health
care personnel. If an inmate refuses a routine test for HIV,
health care personnel shall make a note of the inmate's refusal
in the inmate's confidential medical records. However, the
inmate's refusal shall not be considered a violation of prison
rules or result in disciplinary action. Any reference in this
section to the ``opt-out provision'' shall be deemed a
reference to the requirement of this paragraph.
(10) Exclusion of tests performed under section 4014(b)
from the definition of routine hiv testing.--HIV testing of an
inmate under section 4014(b) of title 18, United States Code,
is not routine HIV testing for the purposes of the opt-out
provision. Health care personnel shall document the reason for
testing under section 4014(b) of title 18, United States Code,
in the inmate's confidential medical records.
(11) Timely notification of test results.--Health care
personnel shall provide timely notification to inmates of the
results of HIV tests.
SEC. 4. CHANGES IN EXISTING LAW.
(a) Screening in General.--Section 4014(a) of title 18, United
States Code, is amended--
(1) by striking ``for a period of 6 months or more'';
(2) by striking ``, as appropriate,''; and
(3) by striking ``if such individual is determined to be at
risk for infection with such virus in accordance with the
guidelines issued by the Bureau of Prisons relating to
infectious disease management'' and inserting ``unless the
individual declines. The Attorney General shall also cause such
individual to be so tested before release unless the individual
declines.''.
(b) Inadmissibility of HIV Test Results in Civil and Criminal
Proceedings.--Section 4014(d) of title 18, United States Code, is
amended by inserting ``or under the Stop AIDS in Prison Act of 2011''
after ``under this section''.
(c) Screening as Part of Routine Screening.--Section 4014(e) of
title 18, United States Code, is amended by adding at the end the
following: ``Such rules shall also provide that the initial test under
this section be performed as part of the routine health screening
conducted at intake.''.
SEC. 5. REPORTING REQUIREMENTS.
(a) Report on Hepatitis and Other Diseases.--Not later than 1 year
after the date of the enactment of this Act, the Bureau shall provide a
report to the Congress on Bureau policies and procedures to provide
testing, treatment, and prevention education programs for hepatitis and
other diseases transmitted through sexual activity and intravenous drug
use. The Bureau shall consult with appropriate officials of the
Department of Health and Human Services, the Office of National Drug
Control Policy, the Office of National AIDS Policy, and the Centers for
Disease Control regarding the development of this report.
(b) Annual Reports.--
(1) Generally.--Not later than 2 years after the date of
the enactment of this Act, and then annually thereafter, the
Bureau shall report to Congress on the incidence among inmates
of diseases transmitted through sexual activity and intravenous
drug use.
(2) Matters pertaining to various diseases.--Reports under
paragraph (1) shall discuss--
(A) the incidence among inmates of HIV/AIDS,
hepatitis, and other diseases transmitted through
sexual activity and intravenous drug use; and
(B) updates on Bureau testing, treatment, and
prevention education programs for these diseases.
(3) Matters pertaining to hiv/aids only.--Reports under
paragraph (1) shall also include--
(A) the number of inmates who tested positive for
HIV upon intake;
(B) the number of inmates who tested positive prior
to reentry;
(C) the number of inmates who were not tested prior
to reentry because they were released without
sufficient notice;
(D) the number of inmates who opted-out of taking
the test;
(E) the number of inmates who were tested under
section 4014(b) of title 18, United States Code; and
(F) the number of inmates under treatment for HIV/
AIDS.
(4) Consultation.--The Bureau shall consult with
appropriate officials of the Department of Health and Human
Services, the Office of National Drug Control Policy, the
Office of National AIDS Policy, and the Centers for Disease
Control regarding the development of reports under paragraph
(1). | Stop AIDS in Prison Act of 2011 - Directs the Bureau of Prisons to develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates in federal prisons and upon reentry into the community. Requires such policy to include provisions for: (1) testing of inmates upon intake and counseling; (2) HIV/AIDS prevention education; (3) HIV testing of prisoners annually upon request or upon exposure to HIV; (4) HIV testing of pregnant inmates; (5) comprehensive medical treatment of inmates who test positive for HIV and confidential counseling on managing their medical condition and preventing its transmission to other persons; (6) protection of confidentiality; (7) testing, counseling, and referral prior to reentry into the community; (8) allowing inmates the right to refuse routine HIV testing; (9) excluding as "routine" the testing of an inmate who may have transmitted HIV to any U.S. officer or employee or to any person lawfully present but not incarcerated in a correctional facility; and (10) timely notification of test results.
Amends the federal criminal code to: (1) require HIV testing for all federal prison inmates upon intake regardless of length of sentence or risk factors, (2) allow inmates to decline testing prior to release from incarceration, and (3) make HIV testing part of the routine health screening conducted at intake.
Requires the Bureau to report on: (1) testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use; and (2) the incidence among prison inmates of diseases transmitted through sexual activity and intravenous drug use. | billsum_train |
Create a condensed overview of the following text: SECTION 1. GO GIRL GRANTS.
Title III of the Elementary and Secondary Act of 1965 (20 U.S.C.
6001 et seq.) is amended by adding at the end the following new part:
``PART F--GETTING OUR GIRLS READY FOR THE 21ST CENTURY (GO GIRL)
``SEC. 3601. FINDINGS.
``Congress finds the following:
``(1) Women have historically been underrepresented in
mathematics, science, engineering, and technology occupations.
``(2) Female students take fewer high-level mathematics and
science courses in high school than male students.
``(3) Female students take far fewer advanced computer
classes than male students take and tend to take only basic
data entry and word processing classes.
``(4) Female students earn fewer baccalaureate, masters,
and doctoral degrees in mathematics, science, engineering, and
technology than male students.
``(5) Early career exploration is key to choosing a career.
``(6) Teachers' attitudes, methods of teaching, and
classroom atmosphere affect female student's interest in
nontraditional fields.
``(7) Stereotypes about appropriate careers for females, a
lack of female role models, and a lack of basic career
information significantly deters girls' interest in
mathematics, science, engineering, and technology careers.
``(8) Females consistently rate themselves significantly
lower than males in computer ability.
``(9) In the coming years, 65 percent of the economy will
be based on information-technology.
``(10) Limited access is a hurdle faced by females seeking
jobs in mathematics, science, engineering, and technology.
``(11) Common recruitment and hiring practices make
extensive use of traditional networks that often overlook
females.
``SEC. 3602. PROGRAM AUTHORITY.
``(a) In General.--From funds provided under section 3605, the
Secretary is authorized to provide grants to and enter into contracts
or cooperative agreements with local educational agencies on behalf of
elementary and secondary schools to encourage the ongoing interest of
girls in science, mathematics, engineering, and technology and to
prepare girls to pursue undergraduate and graduate degrees and careers
in science, mathematics, engineering, or technology.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant, enter
into a contract, or cooperative agreement under this part, a
local educational agency shall submit an application to the
Secretary at such time, in such form, and containing such
information as the Secretary may reasonably require.
``(2) Contents.--The application referred to in paragraph
(1) shall contain, at a minimum, the following:
``(A) A specific program description, including the
content of the program and the research and models used
to design the program.
``(B) A description of the collaboration between
elementary and secondary schools to fulfill goals of
the program.
``(C) An explanation regarding the recruitment and
selection of participants.
``(D) A description of the instructional and
motivational activities planned to be used.
``(E) An evaluation plan.
``SEC. 3603. ELEMENTARY SCHOOL PROGRAM.
``(a) Selection.--A local educational agency that receives a grant
under this part shall select elementary schools to provide services
that--
``(1) encourage girls in grades 4 through 8 to enjoy and
pursue studies in science, mathematics, engineering, and
technology;
``(2) acquaint girls in grades 4 through 8 with careers in
science, mathematics, engineering, and technology; and
``(3) educate the parents of girls in grades 4 through 8
about the difficulties faced by girls to maintain an interest
and desire to achieve in science, mathematics, engineering, and
technology and enlist the help of the parents in overcoming
these difficulties.
``(b) Services.--Services provided under this section shall include
one or more of the following:
``(1) Tutoring in reading, science, mathematics,
engineering, and technology.
``(2) Mentoring relationships, both in-person and through
the Internet.
``(3) Paying the costs of female students and their
teachers attending events and academic programs in science,
mathematics, engineering, and technology.
``(4) Providing after-school activities designed to
encourage the interest of girls in grades 4 and higher in
science, mathematics, engineering, and technology.
``(5) Summer programs designed to encourage interest, and
develop skills, in science, mathematics, engineering, and
technology.
``(6) Purchasing software designed for girls, or designed
to encourage girls' interest in science, mathematics,
engineering, and technology.
``(7) Offering Field trips to locations that educate and
encourage girls' interest in science, mathematics, engineering,
and technology.
``(8) Offering Field trips to locations that acquaint girls
with careers in science, mathematics, engineering, and
technology.
``(9) Purchasing and disseminating information to parents
of girls in grades 4 and higher that will help parents to
encourage their daughters' interest in science, mathematics,
engineering, and technology.
``SEC. 3604. SECONDARY SCHOOL PROGRAM.
``(a) Selection.--A local educational agency that receives a grant
under this part shall select secondary schools to provide services
that--
``(1) encourage girls in grades 9 and higher to major in
science, mathematics, engineering, and technology of a
institution of higher education;
``(2) provide academic advice and assistance in high school
course selection;
``(3) encourage girls in grades 9 and higher to plan for
careers in science, mathematics, engineering, and technology;
and
``(4) educate the parents of girls in grades 9 and higher
about the difficulties faced by girls to maintain an interest
in and desire to, achieve in science, mathematics, engineering,
and technology, and enlist the help of the parents in
overcoming these difficulties.
``(b) Services.--Services provided under this section shall include
one or more of the following:
``(1) Tutoring in science, mathematics, engineering, and
technology.
``(2) Mentoring relationships, both in-person and through
the Internet.
``(3) Paying the costs of female students and their
teachers attending events and academic programs in science,
mathematics, engineering, and technology.
``(4) Paying up to 50 percent of the cost of an internship
in science, mathematics, engineering, or technology for female
students.
``(5) Providing After-school activities designed to
encourage the interest of girls in grades 9 and higher in
science, mathematics, engineering, and technology, including
the cost of that portion of a staff salary to supervise these
activities.
``(6) Providing Summer programs designed to encourage
interest, and develop skills, in science, mathematics,
engineering, and technology.
``(7) Purchasing software designed for girls, or designed
to encourage girls' interest in science, mathematics,
engineering, and technology.
``(8) Offering Field trips to locations that educate and
encourage girls' interest in science, mathematics, engineering,
and technology.
``(9) Offering Field trips to locations that acquaint girls
with careers in science, mathematics, engineering, and
technology.
``(10) Visiting institutions of higher education to
acquaint girls with college-level programs in science,
mathematics, engineering, or technology, and meeting with
educators and female college students who will encourage them
to pursue degrees in science, mathematics, engineering, and
technology.
``SEC. 3605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $50,000,000 for fiscal
year 2002, and such sums as may be necessary for each of the 4
succeeding fiscal years to carry out this part.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a program for Getting Our Girls Ready for the 21st Century (Go Girl). Authorizes the Secretary of Education to make grants to, and contracts and cooperative agreements with, local educational agencies to provide subgrants to elementary and secondary schools for services that: (1) encourage the ongoing interest of girls in science, mathematics, and technology; and (2) prepare girls to pursue undergraduate and graduate degrees and careers in those fields. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Closure and Relocation
of the Lorton Correctional Complex Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the Commission on
Closure and Relocation of the Lorton Correctional Complex (in this Act
referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall carry out the following:
(1) Comprehensive plan for closing the lorton correctional
complex by 2010.--Because of the serious operational and safety
problems at the Lorton Correctional Complex which adversely
affect the inmates of the complex, employees of the District of
Columbia Department of Corrections, and residents of the
District of Columbia and Fairfax County, Virginia, the
Commission shall develop a comprehensive plan for closing the
Lorton Correctional Complex by the year 2010 and in the plan
shall identify and recommend options for the use of the land on
which the complex is located.
(2) Plan for new prison facilities located within the
district of columbia.--The Commission shall develop a
comprehensive plan for the establishment of new model prison
facilities within the District of Columbia to replace the
Lorton Correctional Complex when it is closed in accordance
with the plan developed under paragraph (1). The plan shall
identify and recommend--
(A) appropriate sites for the new prison
facilities,
(B) strategies for financing, including Federal
funding for, the new facilities,
(C) plans for expeditiously phasing in the
operations of the new facilities, and
(D) plans for ensuring that the new facilities will
be models in education, vocational training, and
rehabilitation of the inmates of the facilities.
(3) Steps for improving operations at the lorton
correctional complex.--The Commission, using existing
knowledge, resources and experience, shall identify and
recommend appropriate strategies for improving the
effectiveness and safety of operations at the Lorton
Correctional Complex before it is closed under the plan
developed under paragraph (1) and the new facilities are
established under the plan developed under paragraph (2).
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 21
members appointed as follows:
(1) The Fairfax County Board of Supervisors shall appoint 9
members.
(2) The Mayor of the District of Columbia shall appoint 9
members.
(3) The President shall appoint 3 members.
(b) Requirements for Certain Members.--
(1) Members appointed by the fairfax county board of
supervisors.--Of the members of the Commission appointed under
subsection (a)(1)--
(A) at least one member shall be an individual who
is a member of a local civic association in northern
Virginia,
(B) at least one member shall be an employee of the
Virginia Department of Corrections who is knowledgeable
about the establishment of new prison facilities,
(C) at least one member shall be a member of the
Fairfax County Board of Supervisors,
(D) at least one member shall be a member of a
chamber of commerce in northern Virginia,
(E) at least one member shall be an employee of the
Fairfax County Sheriff's Department, and
(F) at least one member shall be an employee of the
Fairfax County Police Department.
(2) Members appointed by the mayor of the district of
columbia.--Of the members of the Commission appointed under
subsection (a)(2)--
(A) at least one member shall be a member of a
local civic association in the District of Columbia,
(B) at least one member shall be an employee of the
District of Columbia Department of Corrections who is
knowledgeable about the establishment of new prison
facilities,
(C) at least one member shall be either the Mayor
of the District of Columbia or a member of the District
of Columbia City Council,
(D) at least one member shall be a member of a
chamber of commerce in the District of Columbia or the
Washington Board of Trade, and
(E) at least 2 members shall be employees of the
District of Columbia Metropolitan Police Department.
(3) Members appointed by the president.--Of the members of
the Commission appointed under subsection (a)(3)--
(A) one member shall be the Director of the Bureau
of Prisons, and
(B) one member shall be the Director of the
National Institute of Corrections.
(c) Continuation of Membership.--
(1) General rule.--Except as provided in paragraph (2), if
a member was appointed to the Commission because the member was
an officer or employee of any government or if member is
appointed to the Commission and later becomes an officer or
employee of a government, that member may continue as a member
for not longer than the 30-day period beginning on the date
that member ceases to be such an officer or employee or becomes
such an officer or employee, as the case may be.
(2) Exception.--Service as a member of the Commission shall
not be discontinued because of paragraph (1) if an individual
has served as a member of the Commission for not less than 3
months.
(d) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(e) Vacancies.--Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of that term. A
member may serve after the expiration of that member's term until a
successor has taken office. A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(f) Compensation.--Members of the Commission may not receive
additional pay, allowances, or benefits by reason of their service on
the Commission.
(g) Quorum.--11 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(h) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by a majority of the
members of the Commission.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by the Commission and paid at the rate of basic pay payable
for level III of the Executive Schedule.
(b) Appointment and Pay of Staff.--The Commission may appoint
personnel as it considers appropriate without regard to the provisions
of title 5, United States Code, governing appointment to the
competitive service. Such personnel shall be paid in accordance with
the provisions of chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification and General Schedule
pay rates.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under section 3.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Information.--The Commission may secure directly from any
department or agency of the United States information necessary to
enable it to carry out section 3. Upon request of the Chairperson or
Vice Chairperson of the Commission, the head of that department or
agency shall furnish that information to the Commission to the extent
otherwise permitted by law.
(d) Gifts and Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
SEC. 7. REPORTS.
(a) Interim Reports.--The Commission shall submit to the Fairfax
County Board of Supervisors, the Mayor of the District of Columbia, and
appropriate Committees of Congress interim reports. Such reports shall
be submitted at the end of the 6th and 12th month after the date of the
enactment of this Act.
(b) Final Report.--The Commission shall transmit a final report to
the Fairfax County Board of Supervisors, the Mayor of the District of
Columbia, the President, and appropriate committees of the Congress not
later than 18 months after the date of the enactment of this Act. The
final report shall contain a detailed statement of the findings and
conclusions of the Commission, together with its recommendations for
legislation or administrative actions it considers appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate 90 days after submitting its final
report pursuant to section 7.
SEC. 9. AUTHORIZATION.
To carry out this Act there is authorized to be appropriated an
amount not to exceed $1,000,000. | Commission on Closure and Relocation of the Lorton Correctional Complex Act - Establishes the Commission on Closure and Relocation of the Lorton Correctional Complex to: (1) develop comprehensive plans for closing the Complex by the year 2010, including options for the use of the land on which the complex is located, and establishing new model prison facilities within the District of Columbia to replace the Complex; and (2) identify and recommend appropriate strategies for improving the effectiveness and safety of the Complex's operations until it is closed and the new facilities are established.
Authorizes appropriations. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuba Digital and Telecommunications
Advancement Act of 2015'' or the ``Cuba DATA Act''.
SEC. 2. EXPORTATION OF CONSUMER COMMUNICATION DEVICES AND
TELECOMMUNICATIONS SERVICES TO CUBA.
(a) In General.--Notwithstanding any other provision of law, the
President may permit any person subject to the jurisdiction of the
United States--
(1) to export consumer communication devices and other
telecommunications equipment to Cuba;
(2) to provide telecommunications services involving Cuba
or persons in Cuba;
(3) to establish facilities to provide telecommunications
services connecting Cuba with another country or to provide
telecommunications services in Cuba;
(4) to conduct any transaction incident to carrying out an
activity described in any of paragraphs (1) through (3); and
(5) to enter into, perform, and make and receive payments
under a contract with any individual or entity in Cuba with
respect to the provision of telecommunications services
involving Cuba or persons in Cuba.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than annually thereafter
for 4 years, the President shall submit to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on Foreign Affairs and the Committee on Appropriations of the
House of Representatives a report on--
(1) the percentage of individuals in Cuba who are able to
access the Internet and the infrastructure that would be needed
in Cuba to reach the goal of increasing that percentage to 50
percent by 2020;
(2) the ability of individuals in Cuba, including foreign
tourists, to access data through the use of cell phones and the
infrastructure that would be needed to bring the capability to
access that data to rural and urban population centers in Cuba;
(3) the impact of access to telecommunications technology
on the development of new businesses, co-ops, and educational
opportunities in Cuba; and
(4) the impact of the telecommunications equipment and
telecommunications services provided under this section on
advancing the human rights objectives of the United States and
how such equipment and services are being used to advance those
objectives.
(c) Definitions.--In this section:
(1) Consumer communication devices.--The term ``consumer
communication devices'' means commodities and software
described in section 740.19(b) of title 15, Code of Federal
Regulations (or any successor regulation).
(2) Person subject to the jurisdiction of the united
states.--The term ``person subject to the jurisdiction of the
United States'' means--
(A) any individual, wherever located, who is a
citizen or resident of the United States;
(B) any person located in the United States;
(C) any corporation, partnership, association, or
other organization organized under the laws of the
United States or of any State, territory, possession,
or district of the United States; and
(D) any corporation, partnership, association, or
other organization, wherever organized or doing
business, that is owned or controlled by a person
described in subparagraph (A), (B), or (C).
(3) Telecommunications services.--The term
``telecommunications services'' includes--
(A) data, telephone, telegraph, Internet
connectivity, radio, television, news wire feeds, and
similar services, regardless of the medium of
transmission and including transmission by satellite;
(B) services incident to the exchange of
communications over the Internet;
(C) domain name registration services; and
(D) services that are related to consumer
communication devices and other telecommunications
equipment to install, repair, or replace such devices
and equipment.
SEC. 3. REPEAL OF CERTAIN AUTHORITIES PREVENTING FINANCING AND MARKET
REFORM FOR CUBA.
(a) Cuban Democracy Act.--
(1) In general.--Section 1704 of the Cuban Democracy Act of
1992 (22 U.S.C. 6003) is repealed.
(2) Conforming amendments.--Section 204 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6064) is amended--
(A) in subsection (b), by amending paragraph (3) to
read as follows:
``(3) sections 1705(d) and 1706 of the Cuban Democracy Act
of 1992 (22 U.S.C. 6004(d) and 6005);''; and
(B) in subsection (d), by amending paragraph (3) to
read as follows:
``(3) sections 1705(d) and 1706 of the Cuban Democracy Act
of 1992 (22 U.S.C. 6004(d) and 6005) are repealed; and''.
(b) Cuban Liberty and Democratic Solidarity Act.--
(1) In general.--Sections 102, 103, 104, 105, and 108 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996 (22 U.S.C. 6032, 6033, 6034, 6035, and 6038) are repealed.
(2) Conforming amendment.--Section 109(a) of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6039(a)) is amended by striking ``(including section 102
of this Act)''. | Cuba Digital and Telecommunications Advancement Act of 2015 or the Cuba DATA Act This bill authorizes the President to permit any person subject to U.S. jurisdiction to: export consumer communication devices and other telecommunications equipment to Cuba; provide telecommunications services involving Cuba or persons in Cuba; establish facilities to provide telecommunications services connecting Cuba with another country, or to provide telecommunications services in Cuba; conduct any transaction incident to carrying out such activities; and enter into, perform, and make and receive payments under a contract with any individual or entity in Cuba regarding the provision of telecommunications services involving Cuba or persons in Cuba. Repeals or amends specified requirements and prohibitions of: (1) the Cuban Democracy Act of 1992, and (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our Climate Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Intergovernmental Panel on Climate Change (IPCC)
has concluded that human emissions of greenhouse gases,
particularly carbon dioxide are responsible for global climate
change.
(2) The IPCC has estimated that global temperatures will
rise between 3.2-7.2 degrees Farenheit in the next 100 years if
carbon dioxide emissions are not dramatically reduced.
(3) An increase of even a few degrees could have major
adverse impacts on both the human and man-made environments,
due to rising sea-levels, intensification of weather events,
mass extinction of species, and scarcity of water.
(4) The United States is responsible for nearly 24 percent
of the world's carbon dioxide emissions, equaling approximately
six billion metric tons of carbon dioxide per year.
(5) In order to stabilize the earth's climate and prevent
catastrophic global climate change, the level of worldwide
carbon dioxide emissions need to be reduced 80 percent by 2050.
(6) A tax on fossil fuels based on carbon content will
reduce the incentive to burn those fuels, thereby reducing
carbon dioxide emissions.
(7) Revenue collected from a tax on fossil fuels could be
used to decrease taxes on low and middle-income taxpayers, to
fund research and development of alternative green energy
sources, or to increase funding for other domestic social
priorities.
SEC. 3. IMPOSITION OF CARBON TAX ON PRIMARY FOSSIL FUELS.
(a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986
(relating to environmental taxes) is amended by adding at the end
thereof the following new subchapter:
``Subchapter E--Carbon Tax on Primary Fossil Fuels
``Sec. 4691. Imposition of tax.
``SEC. 4691. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on any taxable
fuel sold by the manufacturer, producer, or importer thereof.
``(b) Amount of Tax.--
``(1) In general.--The amount of tax imposed by subsection
(a) on any taxable fuel shall be an equivalent amount to $10
per ton of carbon content in such fuel, as determined by the
Secretary in consultation with the Secretary of Energy.
``(2) Annual increase in amount of tax.--For each calendar
year beginning after 2009 and ending with the year after the
target attainment year, paragraph (1) shall be applied by
substituting for `$10' the following: `the amount in effect
under this paragraph for the preceding calendar year, increased
by $10,'.
``(3) Rate freeze after target attainment.--For the second
year after the target attainment year and each year thereafter,
the amount in effect under paragraph (1) shall be the amount in
effect under paragraph (1) for the first year after the target
attainment year.
``(4) Target attainment year.--For purposes of paragraph
(2), a calendar year is the target attainment year if the level
of carbon dioxide emissions in the United States for the
calendar year does not exceed 20 percent of the level of carbon
dioxide emissions in the United States for calendar year 1990,
as determined by the Energy Information Administration,
Department of Energy.
``(c) Taxable Fuel.--For purposes of this section, the term
`taxable fuel' means--
``(1) coal (including lignite and peat),
``(2) petroleum and any petroleum product (as defined in
section 4612(a)(3)), and
``(3) natural gas,
which is extracted, manufactured, or produced in the United States or
entered into the United States for consumption, use, or warehousing.
``(d) Other Definitions.--For purposes of this section--
``(1) United states.--The term `United States' has the
meaning given such term by section 4612(a)(4).
``(2) Importer.--The term `importer' means the person
entering the taxable fuel for consumption, use, or warehousing.
``(3) Ton.--The term `ton' means 2,000 pounds. In the case
of any taxable fuel which is a gas, the term `ton' means the
amount of such gas in cubic feet which is the equivalent of
2,000 pounds on a molecular weight basis.
``(e) Exception.--No tax shall be imposed by subsection (a) on the
sale or in-kind exchange of any taxable fuel for deposit in the
Strategic Petroleum Reserve established under part B of title I of the
Energy Policy and Conservation Act.
``(f) Special Rules.--
``(1) Only 1 tax imposed with respect to any product.--No
tax shall be imposed by subsection (a) with respect to a
taxable fuel if, with respect to such fuel, the person who
would be liable for such tax establishes that a prior tax
imposed by such subsection has been imposed and no refund or
credit with respect to such tax is allowed under subsection
(g).
``(2) Fractional part of ton.--In the case of a fraction of
a ton, the tax imposed by subsection (a) shall be the same
fraction of the amount of such tax imposed on a whole ton.
``(3) Use and certain exchanges by manufacturer, etc.--
``(A) Use treated as sale.--If any person
manufactures, produces, or imports any taxable fuel and
uses such fuel, then such person shall be liable for
tax under subsection (a) in the same manner as if such
fuel were sold by such person.
``(B) Special rules for inventory exchanges.--
``(i) In general.--Except as provided in
this subparagraph, in any case in which a
manufacturer, producer, or importer of a
taxable fuel exchanges such fuel as part of an
inventory exchange with another person--
``(I) such exchange shall not be
treated as a sale, and
``(II) such other person shall, for
purposes of subsection (a), be treated
as the manufacturer, producer, or
importer of such fuel.
``(ii) Registration requirement.--Clause
(i) shall not apply to any inventory exchange
unless--
``(I) both parties are registered
with the Secretary as manufacturers,
producers, or importers of taxable
fuels, and
``(II) the person receiving the
taxable fuel has, at such time as the
Secretary may prescribe, notified the
manufacturer, producer, or importer of
such person's registration number and
the internal revenue district in which
such person is registered.
``(iii) Inventory exchange.--For purposes
of this subparagraph, the term `inventory
exchange' means any exchange in which 2 persons
exchange property which is, in the hands of
each person, property described in section
1221(a)(1).
``(g) Refund or Credit for Certain Uses.--
``(1) Manufacture or production of another taxable fuel.--
Under regulations prescribed by the Secretary, if--
``(A) a tax under subsection (a) was paid with
respect to any taxable fuel, and
``(B) such fuel was used by any person in the
manufacture or production of any other substance which
is a taxable fuel,
then a credit or refund (without interest) shall be allowed, in
the same manner as if it were an overpayment of tax imposed by
subsection (a), to such person in an amount equal to the tax so
paid.
``(2) Embedded or sequestered carbon.--Under regulations
prescribed by the Secretary, if--
``(A) a tax under subsection (a) was paid with
respect to any taxable fuel,
``(B) a person uses such fuel in the manufacture or
production of any substance which is not a taxable
fuel, and
``(C) in the process of such manufacture or
production, carbon in such fuel is embedded or
sequestered,
then a credit or refund (without interest) shall be allowed to
such person in the same manner as if it were an overpayment of
tax imposed by subsection (a). The amount of such credit or
refund shall be an amount equal to the amount of tax in effect
under subsection (a) with respect to such fuel for the calendar
year in which such manufacture or production occurred,
determined on the basis of carbon so embedded or sequestered.
``(3) Limitation.--In any case to which paragraph (1) or
(2) applies, the amount of any such credit or refund shall not
exceed the amount of tax imposed by subsection (a) on the
taxable fuel used in such manufacture or production (or which
would have been imposed by such subsection on such other fuel
but for subsection (h)).
``(h) Exemption for Exports of Taxable Fuels.--
``(1) Tax-free sales.--
``(A) In general.--No tax shall be imposed by
subsection (a) on the sale by the manufacturer or
producer of any taxable fuel for export or for resale
by the purchaser to a second purchaser for export.
``(B) Proof of export required.--Rules similar to
the rules of section 4221(b) shall apply for purposes
of subparagraph (A).
``(2) Credit or refund where tax paid.--
``(A) In general.--Except as provided in
subparagraph (B), if--
``(i) tax under subsection (a) was paid
with respect to any taxable fuel, and
``(ii)(I) such fuel was exported by any
person, or
``(II) such fuel was used as a material in
the manufacture or production of a taxable fuel
which was exported by any person and which, at
the time of export, was a taxable fuel,
credit or refund (without interest) of such tax shall
be allowed or made to the person who paid such tax.
``(B) Condition to allowance.--No credit or refund
shall be allowed or made under subparagraph (A) unless
the person who paid the tax establishes that he--
``(i) has repaid or agreed to repay the
amount of the tax to the person who exported
the taxable fuel, or
``(ii) has obtained the written consent of
such exporter to the allowance of the credit or
the making of the refund.
``(C) Refunds directly to exporter.--The Secretary
shall provide, in regulations, the circumstances under
which a credit or refund (without interest) of the tax
under subsection (a) shall be allowed or made to the
person who exported the taxable fuel, where--
``(i) the person who paid the tax waives
his claim to the amount of such credit or
refund, and
``(ii) the person exporting the taxable
fuel provides such information as the Secretary
may require in such regulations.
``(3) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection.''.
(b) Study.--Not later than 5 years after the date of the enactment
of this Act, and every 5 years thereafter, the Secretary of the
Treasury, in consultation with the Secretary of Energy, shall conduct a
study on the environmental, economic, and revenue impacts regarding the
tax imposed by subchapter E of chapter 38 of the Internal Revenue Code
of 1986 (relating to carbon tax on primary fossil fuels). The Secretary
shall submit each study to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate.
(c) Clerical Amendment.--The table of subchapters for chapter 38 of
such Code is amended by adding at the end thereof the following new
item:
``subchapter e. carbon tax on primary fossil fuels''.
(d) Effective Date.--The amendments made by this section shall
apply to sales after the date of the enactment of this Act. | Save Our Climate Act of 2009 - Amends the Internal Revenue Code to impose an excise tax on the carbon content of any taxable fuel sold by a manufacturer, producer, or importer. Sets the amount of such tax at $10 per ton of the carbon content in such fuel, with annual increases in the amount of such tax until the second year after the level of carbon dioxide emissions in the United States for the calendar year does not exceed 20% of the level for 1990. Defines "taxable fuel" as coal (including lignite and peat), petroleum and any petroleum product, and natural gas. Exempts from such tax the sale or in-kind exchange of fuel for deposit in the Strategic Petroleum Reserve and certain exports or resales of such fuel. | billsum_train |
Summarize the following text: SECTION 101. SHORT TITLE.
This Act may be cited as the ``Welfare-to-Work Microloan Pilot
Program Act of 1997''.
SEC. 102. FINDINGS.
Congress finds that--
(1) the microloan demonstration program of the Small
Business Administration, established under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)), has been a successful
method of assisting women, low-income and minority
entrepreneurs and business owners, and others by providing
access to small-scale loans and technical assistance, which
enables these individuals to operate successful business
concerns;
(2) some welfare recipients who become borrowers under the
microloan demonstration program have been able to eliminate
their dependence on welfare and operate successful business
concerns as a result of assistance received through the
microloan demonstration program;
(3) welfare recipients who become borrowers under the
microloan demonstration program often require more intensive
management, marketing, and technical assistance than other
borrowers under that program; and
(4) the lack of affordable or available child care and
transportation is often a barrier to individuals wishing to
eliminate their dependence on welfare and establish a small
business.
SEC. 103. WELFARE-TO-WORK MICROLOAN PILOT PROGRAM.
(a) Establishment.--Section 7(m) of the Small Business Act (15
U.S.C. 636(m)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) to establish a welfare-to-work
microloan pilot program, which shall be
administered by the Administration, in order
to--
``(I) test the feasibility of
increasing the dollar amount of
technical assistance grants provided
under clauses (ii) and (iii) of
subparagraph (B) to individuals who are
receiving assistance under the State
program funded under part A of title IV
of the Social Security Act (42 U.S.C.
601 et seq.), or under any comparable
State-funded means-tested program of
assistance for low-income individuals,
in order to adequately assist those
individuals in--
``(aa) establishing small
businesses; and
``(bb) eliminating their
dependence on that assistance;
``(II) permit the increased
technical assistance grants described
in subclause (I) to be used to
subsidize child care and transportation
costs of individuals described in
subclause (I) who become
microborrowers;
``(III) eliminate barriers to
microborrowers in establishing child
care businesses; and
``(IV) evaluate the effectiveness
of assistance provided under this
clause in helping individuals described
in subclause (I) to eliminate their
dependence on assistance described in
that subclause and become employed
either in their own business or in
another business.'';
(2) in paragraph (4), by adding at the end the following:
``(F) Supplemental grants.--
``(i) In general.--In addition to grants
under subparagraphs (A) and (C) and paragraph
(5), the Administration may select from
participating intermediaries and grant
recipients not more than 30 entities, each of
whom may receive annually a supplemental grant
in an amount not to exceed $500,000 for the
purpose of providing additional technical
assistance to borrowers or prospective
borrowers who are receiving assistance
described in paragraph (1)(A)(iv)(I) at the
time they initially apply for assistance under
the program.
``(ii) Inapplicability of contribution
requirements.--The contribution requirements of
subparagraphs (B) and (C)(i)(II) do not apply
to any grant made under this subparagraph.
``(iii) Childcare and transportation
costs.--Any grant made under this subparagraph
may be used to defray the costs of child care
and transportation incurred by a borrower or
potential borrower under the welfare-to-work
microloan pilot program under paragraph
(1)(A)(iv).'';
(3) in paragraph (6), by adding at the end the following:
``(E) Establishment of child care establishments.--
In addition to small business concerns, borrowers under
any program under this subsection may include
individuals who will use the loan proceeds to establish
for-profit or nonprofit child care or elder care
establishments.'';
(4) in paragraph (9)--
(A) in the subparagraph heading, by striking ``for
intermediaries''; and
(B) by adding at the end the following:
``(C) Welfare-to-work microloan pilot program.--Of
amounts made available to carry out the welfare-to-work
microloan pilot program under paragraph (1)(A)(iv) in
any fiscal year, the Administration may use not more
than 5 percent to provide technical assistance, either
directly or through contractors, to welfare-to-work
microloan pilot program grantees, or to those seeking
to become grantees, to ensure that, as grantees, they
have the knowledge, skills, and understanding of
microlending and welfare-to-work transition, and other
related issues, to operate a successful welfare-to-work
microloan pilot program.''; and
(5) by adding at the end the following:
``(13) Evaluation of welfare-to-work microloan pilot
program.--On January 31, 1999, and annually thereafter, the
Administration shall submit to the Committees on Small Business
of the Senate and the House of Representatives a report on the
welfare-to-work microloan pilot program authorized under
paragraph (1)(A)(iv), which report shall include, with respect
to the preceding fiscal year, an analysis of the progress and
effectiveness of the program during that fiscal year, and data
relating to--
``(A) the number and location of each grantee under
the program;
``(B) the amount of each grant;
``(C) the number of individuals who received
assistance under each grant, including separate data
relating to--
``(i) the number of individuals who
received training;
``(ii) the number of individuals who
received transportation assistance; and
``(iii) the number of individuals who
received childcare assistance (including the
number of children assisted);
``(D) the type and amount of loan and grant
assistance received by borrowers and prospective
borrowers under the program;
``(E) the number of businesses that were started
with assistance provided under the program that are
operational and the number of jobs created by each
business;
``(F) the number of individuals receiving training
under the program who, after receiving assistance under
the program--
``(i) are employed in their own businesses;
``(ii) are employed in a business other
than their own;
``(iii) are not employed; or
``(iv) are receiving public assistance for
themselves or their children.
``(G) whether and to what extent each grant was
used to defray the transportation and child care costs
of borrowers; and
``(H) any recommendations for legislative changes
to improve program operations.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the welfare-to-work microloan pilot program
under section 7(m)(1)(A)(iv) of the Small Business Act (15 U.S.C.
636(m)(1)(A)(iv)), as added by this section, $10,000,000 for each of
fiscal years 1998, 1999, and 2000. | Welfare-to-Work Microloan Pilot Program Act of 1997 - Amends the Small Business Act to establish under the Microloan Demonstration Program a welfare-to-work microloan pilot program which increases the technical assistance grants provided to individuals receiving assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act or other comparable State-funded programs in order to assist such individuals in establishing small businesses and eliminating their dependence on such assistance. Allows such grants to be used to subsidize child care and transportation costs or to establish child or elder care centers.
Directs the Small Business Administration to report annually to the small business committees on such pilot program.
Authorizes appropriations for FY 1998 through 2000. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helium Disposal Act of 1995''.
SEC. 2. AMENDMENT OF HELIUM ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Helium Act, as amended
(50 U.S.C. 167 to 167n).
SEC. 3. AUTHORITY OF SECRETARY.
Sections 3, 4, and 5 are amended to read as follows:
``SEC. 3. AUTHORITY OF SECRETARY.
``(a) Extraction, Disposal, and Sale of Helium on Federal Lands.--
(1) The Secretary may enter into agreements with private parties for
the recovery, disposal, and sale of helium on Federal lands upon such
terms and conditions as he deems fair, reasonable, and necessary. All
money received by the Secretary from the sale, extraction, or other
disposition of helium on Federal lands, including money received under
contractual arrangements executed before the effective date of this
Act, shall be deposited to the general fund of the Treasury.
``(2) Any agreement under this subsection shall be subject to the
existing rights of any affected Federal oil and gas lessee. Each such
agreement (and any extension or renewal thereof) shall contain such
terms and conditions as deemed appropriate by the Secretary.
``(3) Prior Agreements.--This subsection shall not in any manner
affect or diminish the rights and obligations of the Secretary and
private parties under agreements to dispose of helium produced from
Federal lands in existence on the date of enactment of the Helium
Disposal Act of 1995 except to the extent that such agreements are
renewed or extended after that date.
``(4) Regulations.--Agreements under this subsection may be subject
to such regulations as may be prescribed by the Secretary.
``(b) Helium on Public Domain.--Any known helium-gas-bearing land
on the public domain not covered at the time by leases or permits under
the Mineral Lands Leasing Act of February 25, 1920, as amended, may be
reserved for the purposes of this Act, and any reservation of the
ownership of helium may include the right to extract, or have
extracted, such helium, under such rules and regulations as may be
prescribed by the Secretary, from all gas produced from lands so
permitted, leased, or otherwise granted for development, except that in
the extraction of helium from gas produced from such lands, it shall be
extracted so as to cause no delay, except that required by the
extraction process, in the delivery of gas produced from the well to
the purchaser or purchasers thereof at the point of delivery specified
in contracts for the purchase of such gas.
``(c) Storage, Transportation, and Sale.--The Secretary is
authorized to store, transport, and sell or otherwise dispose of helium
only in accordance with this Act.
``(d) Monitoring and Reporting.--The Secretary is authorized to
monitor helium production and helium reserves and to prepare
periodically reports regarding the amounts of helium produced and the
quality of crude helium in storage.
``SEC. 4. STORAGE, TRANSPORTATION, AND WITHDRAWAL OF CRUDE HELIUM.
``(a) Storage, Transportation, and Withdrawal.--The Secretary is
authorized to store, transport, and withdraw crude helium and to
maintain and operate existing crude helium storage at the United States
Bureau of Mines Cliffside Field, together with related helium
transportation and withdrawal facilities only in accordance with this
Act.
``(b) Fees for Storage, Transportation, and Withdrawal.--Whenever
the Secretary provides crude helium storage, withdrawal, or
transportation services to any person, the Secretary is authorized to
impose fees on such person to reimburse the Secretary for the full
costs or market value, whichever is greater, of providing such storage,
transportation, and withdrawal services.
``(c) Helium Reserve Management Fund.--There is hereby established
in the Treasury of the United States a revolving fund known as the
Helium Reserve Management Fund. The Secretary of the Interior is
directed to deposit in this fund all fees collected under subsection
(b). This fund shall be available to the Secretary, without further
appropriation and without fiscal year limitation, to cover the costs of
this Act.
``SEC. 5. CESSATION OF CERTAIN ACTIVITIES.
``(a) Cessation of Production, Refining, and Marketing.--Within
three years after the date of enactment of the Helium Disposal Act of
1995, the Secretary shall cease producing, refining, and marketing
refined helium.
``(b) Disposal of Facilities.--(1) Within two years after the
cessation of activities referred to in subsection (a) of this section,
the Secretary shall designate as excess property the facilities,
equipment, and other real and personal property, together with all
interests therein, held by the United States for the purpose of
producing, refining, and marketing refined helium. The disposal of such
property shall be in accordance with the Federal Property and
Administrative Services Act of 1949.
``(2) Proceeds from the asset sale described in paragraph (1) shall
be paid to the general fund of the Treasury. If the President so
designates, the net proceeds shall be included in the budget baseline
required by the Balanced Budget and Emergency Deficit Control Act of
1985 (the Act) and shall be counted for the purposes of section 252 of
the Act as an offset to direct spending notwithstanding section 257(e)
of the Act.
``(3) Exception.--Paragraph (1) shall not apply to any facilities,
equipment, or other real or personal property, or any interest therein,
necessary for the storage and transportation of crude helium or any
equipment needed to maintain the purity, quality control, and quality
assurance of helium in the Bureau of Mines Cliffside Field.
``(c) Existing Contracts.--All contracts which were entered into by
any person with the Secretary for the purchase by such person from the
Secretary of refined helium and which are in effect on the date of the
enactment of the Helium Disposal Act of 1995 shall remain in force and
effect no longer than the date on which cessation of activities
referred to in subsection (a) of this section occurs. Any costs
associated with the termination of such contracts shall be paid from
the Helium Production Fund. Any associated costs that may arise after
the abolishment of the Helium Production Fund shall be paid from the
Helium Reserve Management Fund established by section 4(c).''.
SEC. 4. DISPOSAL OF CRUDE HELIUM.
Section 6 is amended to read as follows:
``SEC. 6. DISPOSAL OF CRUDE HELIUM.
``(a) Authority for Sale of Crude Helium.--The Secretary is
directed to make sales of crude helium to reduce the helium reserves
owned by the United States, consistent with section 8 of this Act.
``(b) Terms of Sale of Crude Helium.--Sales of crude helium under
this section shall be in such quantities, under such terms and
conditions, and at such prices to cover, at a minimum, all costs in
carrying out the provisions of this Act, and shall on an annual basis
at least be a volume equivalent to the amount of refined helium
purchased by the Federal Government unless the Secretary determines and
notifies the Congress in writing that such sales will unduly disrupt
the usual markets of producers, processors, and consumers of helium and
will not protect the United States against avoidable loss.
``(c) Abolish Helium Production Fund.--The Helium Production Fund,
established by this section as it read prior to the amendment effected
by this Act, shall continue to exist until the completion of the
disposal of facilities, equipment, and other real and personal property
under section 5(b)(1) of this Act, at which time the fund shall be
abolished. All money in the Helium Production Fund at that time shall
be transferred to the general fund of the United States Treasury.
``(d) Crude Helium Sales Proceeds.--Proceeds from the sale of crude
helium described in subsection (b) and in section 8(a) shall be
credited to the Helium Production Fund until such fund is abolished
pursuant to subsection (c). Upon abolishment of the fund, the proceeds
from the sale of crude helium shall be deposited in the general fund of
the United States Treasury, except that the Secretary may retain
proceeds, not to exceed $5,000,000 annually, to cover the costs of
crude helium disposal as provided by this Act. Amounts retained by the
Secretary shall be deposited in the Helium Reserve Management and
remain available without further appropriation or fiscal year
limitation.
``(e) Asset Sale Waiver.--If the President so designates, proceeds
from the asset sale described in paragraph (b) shall be included in the
budget baseline required by the Balanced Budget and Emergency Deficit
Control Act of 1985 (the Act) and shall be counted for the purposes of
section 252 as an offset to direct spending notwithstanding section
257(e) of the Act.
``(f) Report to Congress.--Upon the abolishment of the Helium
Production Fund pursuant to subsection (c), the Secretary shall submit
to the House Committee on Resources and the Senate Committee on Energy
and Natural Resources a report specifying the current and projected
costs for the disposal of crude helium reserves and the current and
projected receipts from such disposal.''.
SEC. 5. CANCELLATION OF HELIUM DEBT.
The Secretary of the Treasury shall cancel the interest accrued and
unpaid as well as the outstanding principal of all notes issued by the
Secretary pursuant to section 12 of the Helium Act and also cancel the
outstanding interest accrued and unpaid as well as the principal of the
net capital and retained earnings debt of the Helium Production Fund
established pursuant to section 6 of the Helium Act Amendments of 1960
(Public Law 86-777).
SEC. 6. REPEAL OF COOPERATIVE AUTHORITY.
Section 7 is repealed.
SEC. 7. ELIMINATION OF STOCKPILE.
Section 8 is amended to read as follows:
``SEC. 8. ELIMINATION OF STOCKPILE.
``(a) Stockpile Sales.--Not later than January 1, 1996, the
Secretary shall commence making sales of crude helium from helium
reserves owned by the United States and stored in the Bureau of Mines
Cliffside Field, in such amounts as may be necessary to dispose of all
such helium reserves in excess of an amount determined to be in the
national interest by the Secretary by January 1, 2020. The sales shall
be at such times and in such lots as the Secretary determines in
consultation with the helium industry and may be made by contract or
other investment instrument. The price for all such sales, as
determined by the Secretary in consultation with the helium industry,
shall be comparable to prices for helium sold by private industry. An
annual review of price comparability shall be made by the Secretary.
Price adjustments by the Secretary shall be made accordingly to protect
the interests of the United States.
``(b) Discovery of Additional Reserves.--The discovery of
additional helium reserves shall not affect the duty of the Secretary
to make sales of helium as provided in subsection (a) of this section,
as the case may be.''.
SEC. 8. REPEAL OF ADMINISTRATION AND OTHER AUTHORITIES.
Sections 10 through 17 are repealed. | Helium Disposal Act of 1995 - Amends the Helium Act to authorize the Secretary of the Interior to enter into agreements with private parties for the recovery, disposal, and sale of helium on Federal lands. Mandates that all proceeds received from such transactions be deposited into the Treasury. Repeals the Secretary's authority to acquire lands, interests, or options (including oil or gas leases), and to construct or acquire facilities, for helium production.
Authorizes the Secretary to: (1) dispose of helium only in accordance with this Act; (2) monitor and prepare periodic reports on helium production and reserves; (3) store, transport, and withdraw crude helium, and to maintain and operate existing crude helium storage at the U.S. Bureau of Mines Cliffside Field, together with related helium transportation and withdrawal facilities; and (4) impose fees for providing storage, transportation, and withdrawal services.
Establishes the Helium Reserve Management Fund to cover the costs of this Act.
Directs the Secretary to cease producing, refining, and marketing refined helium within three years after the date of enactment of this Act. Prescribes helium facility disposal guidelines. Exempts from such guidelines any facilities, equipment, or property necessary for crude helium storage or transportation, or any equipment needed to maintain quality control and assurance of helium in the Bureau of Mines Cliffside Field.
Terminates existing helium sales contracts as of the date on which the Secretary has ceased producing, refining, and marketing refined helium pursuant to this Act.
States that contract termination costs shall be paid from the Helium Production Fund, or, after its abolishment, from the Helium Reserve Management Fund.
Prescribes guidelines under which the Secretary shall sell crude helium to reduce federally-held reserves.
Abolishes the Helium Production Fund upon completion of the disposal of Federal helium facilities, equipment, and property.
Instructs the Secretary of the Treasury to cancel outstanding Federal helium debt.
Repeals intragovernmental cooperation guidelines. Sets a deadline by which the Secretary shall sell helium reserves stored in the Bureau of Mines Cliffside Field. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sugar Reform Act of 2013''.
SEC. 2. SUGAR PROGRAM.
(a) Sugarcane.--Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) 18 cents per pound for raw cane sugar for each of the
2013 through 2017 crop years.''.
(b) Sugar Beets.--Section 156(b)(2) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(b)(2)) is amended by
striking ``2012'' and inserting ``2017''.
(c) Effective Period.--Section 156(i) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(i)) is amended by
striking ``2012'' and inserting ``2017''.
SEC. 3. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.
(a) In General.--Section 359b of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359bb) is amended--
(1) in subsection (a)(1)--
(A) in the matter before subparagraph (A), by
striking ``2012'' and inserting ``2017''; and
(B) in subparagraph (B), by inserting ``at
reasonable prices'' after ``stocks''; and
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``but'' after
the semicolon at the end and inserting ``and''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) appropriate to maintain adequate domestic
supplies at reasonable prices, taking into account all
sources of domestic supply, including imports.''.
(b) Establishment of Flexible Marketing Allotments.--Section 359c
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359cc) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``but'' after the semicolon at the end and
inserting ``and''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) appropriate to maintain adequate supplies at
reasonable prices, taking into account all sources of
domestic supply, including imports.''; and
(B) in paragraph (2)(B), by inserting ``at
reasonable prices'' after ``market''; and
(2) in subsection (g)(1)--
(A) by striking ``Adjustments.--'' and all that
follows through ``Subject to subparagraph (B), the''
and inserting ``Adjustments.--The''; and
(B) by striking subparagraph (B).
(c) Suspension or Modification of Provisions.--Section 359j of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359jj) is amended by
adding at the end the following:
``(c) Suspension or Modification of Provisions.--Notwithstanding
any other provision of this part, the Secretary may suspend or modify,
in whole or in part, the application of any provision of this part if
the Secretary determines that the action is appropriate, taking into
account--
``(1) the interests of consumers, workers in the food
industry, businesses (including small businesses), and
agricultural producers; and
``(2) the relative competitiveness of domestically produced
and imported foods containing sugar.''.
(d) Administration of Tariff Rate Quotas.--Section 359k of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is amended to
read as follows:
``SEC. 359K. ADMINISTRATION OF TARIFF RATE QUOTAS.
``(a) Establishment.--Notwithstanding any other provision of law,
at the beginning of the quota year, the Secretary shall establish the
tariff-rate quotas for raw cane sugar and refined sugar at no less than
the minimum level necessary to comply with obligations under
international trade agreements that have been approved by Congress.
``(b) Adjustment.--
``(1) In general.--Subject to subsection (a), the Secretary
shall adjust the tariff-rate quotas for raw cane sugar and
refined sugar to provide adequate supplies of sugar at
reasonable prices in the domestic market.
``(2) Ending stocks.--Subject to paragraphs (1) and (3),
the Secretary shall establish and adjust tariff-rate quotas in
such a manner that the ratio of sugar stocks to total sugar use
at the end of the quota year will be approximately 15.5
percent.
``(3) Maintenance of reasonable prices and avoidance of
forfeitures.--
``(A) In general.--The Secretary may establish a
different target for the ratio of ending stocks to
total use if, in the judgment of the Secretary, the
different target is necessary to prevent--
``(i) unreasonably high prices; or
``(ii) forfeitures of sugar pledged as
collateral for a loan under section 156 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7272).
``(B) Announcement.--The Secretary shall publicly
announce any establishment of a target under this
paragraph.
``(4) Considerations.--In establishing tariff-rate quotas
under subsection (a) and making adjustments under this
subsection, the Secretary shall consider the impact of the
quotas on consumers, workers, businesses (including small
businesses), and agricultural producers.
``(c) Temporary Transfer of Quotas.--
``(1) In general.--To promote full use of the tariff-rate
quotas for raw cane sugar and refined sugar, notwithstanding
any other provision of law, the Secretary shall promulgate
regulations that provide that any country that has been
allocated a share of the quotas may temporarily transfer all or
part of the share to any other country that has also been
allocated a share of the quotas.
``(2) Transfers voluntary.--Any transfer under this
subsection shall be valid only on voluntary agreement between
the transferor and the transferee, consistent with procedures
established by the Secretary.
``(3) Transfers temporary.--
``(A) In general.--Any transfer under this
subsection shall be valid only for the duration of the
quota year during which the transfer is made.
``(B) Following quota year.--No transfer under this
subsection shall affect the share of the quota
allocated to the transferor or transferee for the
following quota year.''.
(e) Effective Period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking
``2012'' and inserting ``2017''.
SEC. 4. REPEAL OF FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY
PRODUCERS.
(a) In General.--Section 9010 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8110) is repealed.
(b) Conforming Amendments.--
(1) Section 359a(3)(B) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359aa(3)(B)) is amended--
(A) in clause (i), by inserting ``and'' after the
semicolon at the end;
(B) in clause (ii), by striking ``; and'' at the
end and inserting a period; and
(C) by striking clause (iii).
(2) Section 359b(c)(2)(C) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) is amended by striking
``, except for'' and all that follows through `` of 2002''. | Sugar Reform Act of 2013 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to make loans available to processors of domestically grown sugarcane (18 cents per pound) and sugar beet processors through FY2017. Amends the Agricultural Adjustment Act of 1938 to direct the Secretary of Agriculture (USDA) to make specified sugarcane and sugar beet quantity estimates through crop year 2017. Requires that sugar allotments be appropriate to maintain adequate supplies at reasonable prices, taking into account all domestic supply sources, including imports. Authorizes the Secretary to suspend or modify marketing allotments, taking into account: (1) the interests of consumers, food industry workers, businesses, and agricultural producers; and (2) the competitiveness of domestically produced and imported foods containing sugar. Revises sugar tariff-rate quota adjustment provisions to direct the Secretary to: (1) adjust tariff-rates to provide adequate domestic sugar supplies at reasonable prices, (2) establish and adjust tariff-rate quotas so that the ratio of sugar stocks to total sugar use at the end of the quota year will be approximately 15.5%, and (3) promulgate regulations that permit any country that has been allocated a quota share to temporarily transfer all or part of the share to any other country that has also been allocated a quota share. Extends flexible marketing sugar allotment authority through crop year 2017. Amends the Farm Security and Rural Investment Act of 2002 to repeal the feedstock flexibility program for bioenergy producers. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Fraud and Error
Prevention Act of 2014''.
SEC. 2. FRAUD AND ERROR PREVENTION.
(a) In General.--Section 201 of the Social Security Act (42 U.S.C.
401 et seq.) is amended by striking subsection (n) and inserting the
following:
``(n) Fraud and Error Prevention.--
``(1) Subject to paragraph (4), there is hereby
appropriated from any one or all of the Trust Funds to the
Social Security Administration for each fiscal year beginning
with fiscal year 2015 for fraud and error prevention activities
described in paragraph (3), in addition to any other amounts
otherwise appropriated for such fiscal year, an amount equal to
the sum of--
``(A) the applicable dollar amount (determined
under paragraph (2)), plus
``(B) an amount equal to the sum of any fines or
other monetary penalties recovered in the previous
fiscal year pursuant to sections 208(a), 1129(a), 1140
(to the extent that such penalties are imposed for
misuse of words, letters, symbols, or emblems relating
to the Social Security Administration), and 1632(a).
``(2) The applicable dollar amount determined under this
clause is--
``(A) for fiscal year 2015, $1,750,000,000;
``(B) for each of fiscal years 2016 through 2020,
$1,800,000,000; and
``(C) for each fiscal year thereafter,
$1,800,000,000 multiplied by the ratio (not less than
1) of--
``(i) the Consumer Price Index for all
Urban Consumers (CPI-U, published by the Bureau
of Labor Statistics of the Department of Labor)
for the 1st full calendar year preceding such
fiscal year, to
``(ii) the CPI-U for 2018.
``(3) The Commissioner of Social Security may use funds
appropriated under paragraph (1) for the following purposes:
``(A) Medical continuing disability reviews
conducted pursuant to section 221(i) and section
1614(a)(3)(H).
``(B) SSI redeterminations conducted pursuant to
section 1611(c).
``(C) Work-related continuing disability reviews
conducted pursuant to section 223(f).
``(D) Establishment or expansion of cooperative
disability investigations (CDI) units.
``(E) Pre-effectuation reviews conducted pursuant
to section 221(c) and section 1633(e).
``(F) Quality reviews of decisions made by an
administrative law judge under this title or title XVI
in accordance with section 221(n).
``(G) Recovery of overpayments under sections 204
and 1631(b).
``(H) Recovery of civil penalties imposed under
sections 1129 and 1140.
``(I) Supporting prosecution of felonies under
section 208.
``(4) Funds appropriated under paragraph (1) for a fiscal
year shall not be available for obligation until the report
required to be submitted under paragraph (5) 60 days prior to
the beginning of such fiscal year has been submitted.
``(5) Not later than 60 days prior to the beginning of each
fiscal year after 2014, the Commissioner of Social Security
shall submit a report to the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of the
Senate, and the Office of Management and Budget that includes
the following:
``(A) A plan for conducting the fraud and error
prevention activities described in paragraph (3) in
such fiscal year, including--
``(i) an itemized statement of the dollar
amounts expected to be spent on each such
activity during such fiscal year;
``(ii) an itemized statement of the
estimated long-term savings to the Trust Funds
and the Treasury expected to be obtained as a
result of each such activity, and a statement
of the estimated total value of benefits paid
under this title solely as a result of such
activities;
``(iii) performance targets for each such
activity; and
``(iv) a certification from the Chief
Actuary of the Social Security Administration
that the plan will improve the actuarial status
of the Trust Funds.
``(B) An assessment of the fraud and error
prevention activities described in paragraph (3)
conducted in the previous fiscal year, including--
``(i) an itemized statement of the dollar
amounts spent on each such activity during such
fiscal year;
``(ii) an itemized statement of the
estimated long-term savings to the Trust Funds
and the Treasury obtained as a result of each
such activity, and a statement of the estimated
total value of benefits paid under this title
solely as a result of such activities;
``(iii) an assessment of the extent to
which performance targets set in the applicable
plan for such fiscal year were met;
``(iv) an explanation and a corrective
action plan for any failure to meet such
performance targets; and
``(v) an assessment of whether funds made
available under paragraph (1) for such fiscal
year were adequate to protect the Trust Funds
from fraud and errors, an explanation of any
such funds that remained unobligated at the end
of the fiscal year, and recommendations for
needed adjustments to future funding in order
to protect the Trust Funds from fraud and
errors and any additional cost-effective
strategies for improving the actuarial status
of the Trust Funds.
``(6) Of the discretionary amounts made available for
`Social Security Administration--Limitation on Administrative
Expenses' for each fiscal year beginning with fiscal year 2015,
the amount obligated for the activities described in paragraph
(3) shall be not less than the sum of--
``(A) $273,000,000; plus
``(B) the amount obligated from funds made
available for `Social Security Administration--
Limitation on Administrative Expenses' for fiscal year
2013 for the activities described in subparagraphs (C)
through (I) of paragraph (3).''.
SEC. 3. EXPANSION OF COOPERATIVE DISABILITY INVESTIGATIONS UNITS.
Not later than October 1, 2017, the Commissioner of Social Security
shall take any necessary actions to ensure that cooperative disability
investigations (CDI) units have been established for each of the 50
States, the District of Columbia, Puerto Rico, Guam, the Northern
Mariana Islands, the Virgin Islands, and American Samoa.
SEC. 4. CODIFICATION OF REQUIREMENT TO CONDUCT QUALITY REVIEWS.
Section 221 of the Social Security Act is amended by adding at the
end the following:
``(n)(1) The Commissioner of Social Security shall conduct quality
reviews in accordance with section 969 of part 404 of title 20, Code of
Federal Regulations, in cases described in section 970(a) of such part
(as such sections were in effect on January 1, 2014) with respect to
decisions in connection with applications for benefits under this title
and title XVI, in a sufficient number to ensure compliance with laws,
regulations, and other guidance issued by the Commissioner of Social
Security.
``(2) The Commissioner of Social Security shall annually submit to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report that includes--
``(A) the total number of cases selected for a quality
review as described in paragraph (1);
``(B) the number of such cases in which a decision is
remanded; and
``(C) the number of such cases in which a decision is
modified or reversed.''.
SEC. 5. REPORT ON WORK-RELATED CONTINUING DISABILITY REVIEWS.
Section 223 of the Social Security Act is amended by adding at the
end the following:
``(k) Report on Work-Related Continuing Disability Reviews.--The
Commissioner of Social Security shall annually submit to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate a report on the number of work-related continuing
disability reviews conducted pursuant to subsection (f). Such report
shall include--
``(1) the total number of reports of earnings received by
the Commissioner in the previous calendar year from individuals
receiving benefits on account of disability under this title or
title XVI;
``(2) the number of such reports that resulted in a
determination by the Commissioner to conduct a work-related
continuing disability review with respect to the beneficiary to
whom such report pertains, and the basis on which such
determinations were made;
``(3) in the case of a beneficiary selected for a work-
related continuing disability review on the basis of a report
of earnings--
``(A) the average number of days between the
submission of the report and the initiation of the
review, and the average number of days between the
initiation and the completion of the review;
``(B) the number of such reviews completed during
such calendar year, and the number of such reviews that
result in a suspension or termination of benefits; and
``(C) the number of such reviews that had not been
completed as of the end of such calendar year;
``(4) the total savings to the Trust Funds and the Treasury
generated from benefits terminated as a result of such reviews;
and
``(5) with respect to individuals for whom a work-related
continuing disability review was completed during such calendar
year--
``(A) the number who participated in the Ticket to
Work program under section 1148 during such calendar
year;
``(B) the number who used any program work
incentives during such calendar year; and
``(C) the number who received vocational
rehabilitation services during such calendar year with
respect to which the Commissioner of Social Security
reimbursed a State agency under section 222(d).''.
SEC. 6. COORDINATION OF REPORTS RELATING TO DISABILITY BENEFITS.
Section 221(i)(3) of the Social Security Act (42 U.S.C. 421(i)(3))
is amended by adding at the end the following: ``To the extent the
Commissioner of Social Security determines to be necessary for maximum
efficiency, the Commissioner may submit a combined report consisting of
the information required to be submitted under this paragraph,
subsection (c)(3)(C), subsection (n)(2), section 201(n)(5), and section
223(k).''.
SEC. 7. INCREASED PENALTIES IN CERTAIN CASES OF FRAUD.
(a) Conspiracy To Commit Social Security Fraud.--Section 208(a) of
the Social Security Act (42 U.S.C. 408(a)) is amended--
(1) in paragraph (7)(C), by striking ``or'' at the end;
(2) in paragraph (8), by adding ``or'' at the end; and
(3) by inserting after paragraph (8) the following:
``(9) conspires to commit any offense described in any of
paragraphs (1) through (4),''.
(b) Increased Criminal Penalties for Certain Individuals in
Positions of Trust.--Section 208(a) of such Act (42 U.S.C. 408(a)), as
amended by subsection (a), is further amended by striking the period at
the end and inserting ``, except that in the case of a person who
receives a fee or other income for services performed in connection
with any determination with respect to benefits under this title, or
who is a physician or other health care provider who submits medical
evidence in connection with any such determination, such person shall
be guilty of a felony and upon conviction thereof shall be fined under
title 18, United States Code, or imprisoned for not more than ten
years, or both.''.
(c) Increased Civil Penalties for Certain Individuals in Positions
of Trust.--Section 1129(a)(1) of such Act (42 U.S.C. 1320a-8(a)(1)) is
amended, in the matter following subparagraph (C), by inserting after
``withholding disclosure of such fact'' the following: ``, except that
in the case of such a person who receives a fee or other income for
services performed in connection with any such determination or who is
a physician or other health care provider who submits medical evidence
in connection with any such determination, the amount of such penalty
shall be not more than $7,500''.
(d) References to Social Security and Medicare in Electronic
Communications.--Section 1140(a)(1) of the Social Security Act (42
U.S.C. 1320b-10(a)(1)) is amended by inserting ``(including any
electronic communication)'' after ``or other communication''.
(e) Inflation Adjustment of Certain Civil Penalties.--Title XI of
the Social Security Act is amended by inserting after section 1129B the
following:
``SEC. 1129C. CIVIL PENALTY INFLATION ADJUSTMENT.
``(a) Adjustment by Regulation.--The Commissioner of Social
Security shall, not later than 180 days after the date of enactment of
the Social Security Fraud and Error Prevention Act of 2014, and at
least once every 4 years thereafter--
``(1) by regulation adjust the maximum amount of each civil
monetary penalty by the inflation adjustment described under
subsection (b); and
``(2) publish each such regulation in the Federal Register.
``(b) Amount of Adjustment.--The inflation adjustment under
subsection (a) shall be determined by increasing the maximum amount of
each civil monetary penalty by the cost-of-living adjustment. Any
increase determined under this subsection shall be rounded to the
nearest--
``(1) multiple of $1,000 in the case of penalties greater
than $1,000 but less than or equal to $10,000; and
``(2) multiple of $5,000 in the case of penalties greater
than $10,000 but less than or equal to $100,000.
``(c) Definitions.--For purposes of this section--
``(1) the term `civil monetary penalty' means--
``(A) a penalty imposed by paragraph (1) or (3) of
section 1129(a); and
``(B) a penalty imposed by paragraph (1) or (2) of
section 1140(b).
``(2) the term `cost-of-living adjustment' means the
percentage (if any) for each civil monetary penalty by which--
``(A) the Consumer Price Index for the month of
June of the calendar year preceding the adjustment,
exceeds
``(B) the Consumer Price Index for the month of
June of the calendar year in which the amount of such
civil monetary penalty was last set or adjusted
pursuant to law.
``(d) Application of Increase.--Any increase under this Act in a
civil monetary penalty shall apply only to violations which occur after
the date the increase takes effect.''.
SEC. 8. EXCLUSION OF CERTAIN MEDICAL EVIDENCE IN DISABILITY CASES.
(a) In General.--Section 223(d)(5) of the Social Security Act (42
U.S.C. 423(d)(5)) is amended by adding at the end the following:
``(C) In making any determination with respect to whether an
individual is under a disability or continues to be under a disability,
the Commissioner of Social Security may not consider, except for good
cause as determined by the Commissioner, any evidence furnished by a
physician or other health care provider who--
``(i) has been barred from practice in any State; or
``(ii) has been assessed a penalty under section 1128 or
1129 for the submission of false evidence.''.
(b) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner of Social Security shall issue
regulations to carry out the amendment made by subsection (a).
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to determinations of disability made on or after the
date that is 1 year after the date of enactment of this Act.
SEC. 9. REPEAL OF PROGRAM INTEGRITY ADJUSTMENTS TO DISCRETIONARY
SPENDING LIMITS.
Section 251(b)(2)(B)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(1) in subclause (II), by adding ``and'' at the end;
(2) in subclause (III), by striking the semicolon at the
end and inserting a period; and
(3) by striking subclauses (IV) through (X). | Social Security Fraud and Error Prevention Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to appropriate from the Social Security Trust Funds to the Social Security Administration for each fiscal year beginning FY2015 amounts for specified fraud and error prevention activities. Prescribes a formula for the calculation of such amounts, which include fines and civil monetary penalties recovered. Directs the Commissioner of Social Security to: (1) report to Congress and the Office of Management and Budget (OMB) a plan for conducting fraud and error prevention activities; (2) take any necessary actions to ensure that cooperative disability investigations (CDI) units have been established for each of the 50 states, the District of Columbia, and the territories; (3) conduct quality reviews in certain cases with respect to decisions in connection with the application for benefits under this title and SSA title XVI (Supplemental Security Income) (SSI), in a sufficient number to ensure compliance with laws, regulations, and other guidance issued by the Commissioner; (4) report annually to Congress the total number of cases selected for such quality review, the number of such cases in which a decision is remanded, and the number of such cases in which a decision is modified or reversed; and (5) report annually to Congress on the number of work-related continuing disability reviews conducted. Allows the Commissioner to submit a combined annual report to specified congressional committees of certain information relating to disability benefits. Increases civil and criminal penalties for specified persons in positions of trust in certain cases of fraud, and requires inflation adjustments every four years for certain civil penalties. Prohibits the Commissioner, in making any determination with respect to whether an individual is or continues to be under a disability, from considering (except for good cause) any evidence furnished by a physician or other health care provider who has been barred from practice or has been assessed a penalty for the submission of false evidence. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal program integrity adjustments after FY2014 to budget authority for continuing disability reviews and redeterminations. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity for Congress Act''.
SEC. 2. COVERAGE OF CONGRESS AND PRESIDENTIAL APPOINTEES.
(a) Application.--
(1) In general.--The rights and protections provided
pursuant to this Act and the provisions of law specified in
paragraph (2) shall apply with respect to employment by the
Congress.
(2) Provisions.--The provisions of law that shall apply
with respect to employment by Congress are--
(A) title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.),
(B) the Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.),
(C) the National Labor Relations Act (29 U.S.C. 151
et seq.),
(D) section 1977 of the Revised Statutes (42 U.S.C.
1981),
(E) section 1977A of the Revised Statutes (42
U.S.C. 1981a),
(F) the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.),
(G) the Occupational Safety and Health Act of 1970
(29 U.S.C. 651 et seq.), and
(H) the Family and Medical Leave Act of 1993.
(b) Enforcement by Administrative Action.--
(1) In general.--A congressional employee, including a
class or organization on behalf of a congressional employee,
may bring an administrative action in accordance with paragraph
(2) before an administrative agency to enforce the application
of a law set out in subsection (a)(2) by the Congress or the
congressional employer of such employee, to such employee if a
similarly situated complaining party may bring such an action
before such agency.
(2) Requirements.--An administrative action described in
paragraph (1) shall be commenced in accordance with the
statutory and procedural requirements of the law which is
sought to be enforced.
(3) Administrative action.--An administrative agency before
which is brought an action described in paragraph (1) may take
such action against Congress or the congressional employer
cited in the action as the agency could take an action brought
by a similarly situated complaining party.
(c) Enforcement by Civil Action.--
(1) In general.--A congressional employee, including a
class or organization acting on behalf of a congressional
employee, may bring a civil action to enforce a provision of
law set out in subsection (a)(2) in a court authorized by
paragraph (3) against the Congress or the congressional
employer of such employee if a similarly situated complaining
party could bring such a civil action.
(2) Requirements.--A civil action described in paragraph
(1) shall be commenced in accordance with the statutory and
procedural requirements of the law which is sought to be
enforced.
(3) Venue.--An action may be brought under paragraph (1) to
enforce a provision of law set out in subsection (a)(2) in any
court of competent jurisdiction in which a similarly situated
complaining party may otherwise bring civil action to enforce
such provision.
(4) Relief.--In any civil action brought under paragraph
(1) to enforce a provision of law set out in subsection (a)(2),
the court--
(A) may grant as relief against the Congress or
congressional employer any equitable relief otherwise
available to a similarly situated complaining party
bringing a civil action to enforce the provision;
(B) may grant as relief against Congress any
damages that would otherwise be available to such a
complaining party; and
(C) allow such fees and costs as would be allowed
in such an action by such a party.
SEC. 3. MATTERS OTHER THAN EMPLOYMENT.
(a) Rights and Protections.--In accordance with paragraph (6) of
section 509(a) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12209), the rights and protections provided under such Act shall
apply with respect to the conduct of the Congress regarding matters
other than employment.
(b) Enforcement.--To enforce paragraph (1), any person may--
(1) bring an administrative action described in subsection
2(b), or
(2) bring a civil action described in section 2(c).
SEC. 4. INFORMATION.
(a) Application.--The rights and protections provided pursuant to
section 552a of title 5, United States Code, shall apply with respect
to information in the possession of the Congress.
(b) Enforcement.--To enforce subsection (a), any person may--
(1) bring an administrative action described in section
2(b), or
(2) bring a civil action described in section 2(c), against
Congress or a congressional employer in possession of
information.
SEC. 5. INDEPENDENT COUNSEL.
(a) Application.--(1) The rights and protections provided pursuant
to chapter 40 of title 28, United States Code, shall apply with respect
to investigation of congressional improprieties.
(2) Enforcement.--To enforce subsection (a), any person may--
(A) bring an administrative action described in section
2(b), or
(B) bring a civil action described in section 2(c), against
any party with a duty under such chapter 40.
SEC. 6. AMENDMENTS TO THE RULES OF THE SENATE.
Rule XIV of the Standing Rules of the Senate is amended by adding
at the appropriate place the following: ``No bill, resolution, or
amendment which creates a requirement of general applicability but
which exempts the Congress of the United States from its provisions may
be considered except by a vote of three-fifths of Senators duly chosen
and sworn.''.
SEC. 7. AMENDMENT TO THE RULES OF THE HOUSE OF REPRESENTATIVES.
Rule XXIV of the House of Representatives is amended by adding at
the end the following:
``(9) No bill, resolution, or amendment which creates a requirement
of general applicability but which exempts the Congress of the United
States from its provisions may be considered except by a vote of three-
fifths of the Members duly chosen and sworn.''.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) The term ``congressional employer'' means--
(A) a supervisor as described in paragraph 12 of
Rule XXXVII of the Rules of the Senate,
(B)(i) a Member of the House of Representatives
with respect to the administrative, clerical, and other
assistants of a Member,
(ii) a Member who is the chairman of a committee
with respect to the professional, clerical and other
assistants to the committee,
(iii) the ranking minority member of a committee
with respect to the minority staff members of the
committee,
(iv) a member who is the chairman of a subcommittee
which has its own staff and financial authorization
with respect to the professional, clerical, and other
assistants to the subcommittee,
(v) the ranking minority member of a subcommittee
with respect to the minority staff members of the
subcommittee,
(vi) the Majority and Minority Leaders of the House
of Representatives and the Majority and Minority Whips
with respect to the research, clerical, and other
assistants to their respective offices, and
(vii) the other officers of the House of
Representatives with respect to the employees of such
officers,
(C) the Architect of the Capitol with respect to
the employees of the Architect of the Capitol,
(D) the Director of the Congressional Budget Office
with respect to the employees of such office,
(E) the Comptroller General with respect to the
employees of the General Accounting Office,
(F) the Public Printer with respect to the
employees of the Government Printing Office,
(G) the Librarian of Congress with respect to the
employees of the Library of Congress,
(H) the Director of the Office of Technology
Assessment with respect to employees of such office,
and
(I) the Director of the United States Botanic
Gardens with respect to the employees of such gardens.
(2) The term ``congressional employee'' means an employee
who is employed by, or an applicant for employment with, a
congressional employer.
(3) The term ``similarly situated complaining party''
means--
(A) in the case of a party seeking to enforce a
provision with a separate enforcement mechanism for
governmental complaining parties, a governmental
complaining party, or
(B) in the case of a party seeking to enforce a
provision with no such separate mechanism, a
complaining party.
SEC. 9. INDEMNIFICATION.
The House of Representatives and the Senate are authorized to
promulgate regulations governing the indemnification of congressional
employers for damages or equitable liability assessed against such
employer under section 2 for conduct not within the control of such
employer.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect one hundred and twenty days after the
date of its enactment. | Equity for Congress Act - Makes applicable to the Congress the following Federal laws: (1) with respect to employment title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the National Labor Relations Act, sections 1977 and 1977A of the Revised Statutes, the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970, and the Family and Medical Leave Act of 1993; (2) with respect to conduct regarding matters other than employment, the Americans with Disabilities Act of 1990; and (3) with respect to information in its possession, the Privacy Act of 1974; and (4) specified provisions of Federal law relating to independent counsel.
Amends the Standing Rules of the Senate and the Rules of the House of Representatives to require a three-fifths vote in each House before it considers legislation that creates a requirement of general applicability but exempts the Congress from such provisions.
Authorizes the House and the Senate to promulgate regulations governing the indemnification of congressional employers for damages or equitable liability assessed against such employer under this Act for conduct not within the control of such employer. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``GEAR UP & GO
Act''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. CONTINUUM OF SERVICES.
(a) Awards.--Section 404A(b)(2)(B) (20 U.S.C. 1070a-21(b)(2)(B)) is
amended by inserting after ``through the completion of secondary
school'' the following: ``or through the first year of attendance at a
postsecondary education institution''.
(b) Cohort Approach.--Section 404B(g)(1)(B) (20 U.S.C. 1070a-
22(g)(1)(B)) is amended by inserting after ``through the 12th grade''
the following ``or through the first year of attendance at a
postsecondary education institution to students in the participating
grade level''.
(c) Early Intervention.--
(1) Uses of funds.--Section 404D(b)(2) (20 U.S.C. 1070a-
24(b)(2)) is amended by inserting after ``through grade 12''
the following: ``or through the first year of attendance at a
postsecondary education institution''.
(2) Priority students.--Section 404D(c) is amended by
inserting after ``through grade 12'' the following ``or through
the first year of attendance at a postsecondary education
institution''.
SEC. 3. CONTINUING ELIGIBILITY.
Section 404A (20 U.S.C. 1070a-21) is amended by adding at the end
the following new subsection:
``(d) Continuing Eligibility.--An eligible entity shall not cease
to be an eligible entity upon the expiration of any grant under this
chapter (including a continuation award). The Secretary shall require
any such entity seeking a new grant to demonstrate the effectiveness of
the prior programs under this chapter in its plan submitted under
section 404C.''.
SEC. 4. FINANCIAL EDUCATION AND COUNSELING.
Section 404D (20 U.S.C. 1070a-24) is amended--
(1) in subsection (a)(1)(B)(i), by inserting before the
semicolon at the end the following: ``, and counseling and
education regarding financial cost requirements for college'';
and
(2) in subsection (b)(2)(A)(ii), by striking ``career
mentoring'' inserting ``career planning and mentoring, academic
counseling, and financial literacy, education, or counseling
pertaining to the process of going to college''.
SEC. 5. SCHOLARSHIP COMPONENT.
Section 404E(b)(2) (20 U.S.C. 1070a-25(b)(2)) is amended by
inserting after ``section 401 for such fiscal year'' the following ``,
or $5,800, whichever is less''.
SEC. 6. DUAL/CONCURRENT ENROLLMENT.
(a) Amendment.--Chapter 2 of part A of title IV is amended--
(1) by redesignating section 404G and 404H (20 U.S.C.
1070a-27) as sections 404H and 404I, respectively; and
(2) by inserting after section 404F the following:
``SEC. 404G. DUAL/CONCURRENT ENROLLMENT.
``(a) Program Authority.--The Secretary is authorized to carry out
a program to be known as `GEAR UP & GO', to provide growing
opportunities for dual/concurrent enrollment, which shall be designed
to provide low-income high school students participating in GEAR UP
partnerships or State programs the opportunity to enroll in college
courses while still enrolled in high school. In such program, students
shall not be required to apply for admission to the institution of
higher education in order to participate, but may receive college
credit.
``(b) Student Eligibility.--Except as provided in subsection
(e)(2), a student shall be eligible for the purpose of this section, if
the student--
``(1) is enrolled in GEAR UP partnerships or State
programs;
``(2) is enrolled in 10th, 11th, or 12th grade; and
``(3) has demonstrated academic readiness for college
courses as determined by the applying entity.
``(c) Permissible Services.--An entity receiving funding under this
section may provide services such as--
``(1) the offering of core non-remedial college courses as
determined by the post secondary institution in which
participating students--
``(A) receive instruction from a postsecondary
institution faculty member at the secondary site;
``(B) take courses from a postsecondary institution
faculty member on-site at the postsecondary
institution;
``(C) receive college level instruction from high
school faculty who hold the same credentials as
postsecondary faculty or who meet qualifications and
standards approved by the postsecondary institution; or
``(D) enroll in an early/middle college high school
in which students may earn college credit through a
coherent course of study leading to a postsecondary
degree and high school diploma in an accelerated
timeframe;
``(2) underwriting the per-credit costs of college courses;
``(3) assistance with the selection of core non-remedial
college courses by students;
``(4) tutorial services pertaining to the core non-remedial
college courses in which students are enrolled; and
``(5) purchasing books, supplies, and transportation.
``(d) Requirements for Approval of Applications.--In approving
applications for GEAR UP & GO under this section for any fiscal year,
the Secretary shall--
``(1) award funds under this program on an annual basis and
determine the average award;
``(2) take into consideration whether participating
students in a dual/concurrent enrollment program will receive
college credit;
``(3) require an assurance that an entity applying for
funding under this section meet the requirements of section
404A(c); and
``(4) not approve a plan unless such a plan--
``(A) details the criteria used for determining
student academic readiness or qualifications for
participation in the dual/concurrent enrollment
program; and
``(B) specifies the methods by which funds will be
spent for carrying out the program.
``(e) Early/Middle College High School.--
``(1) Reservation for grants.--The Secretary of Education
shall reserve, at a maximum, 25 percent of the funds
appropriated under subsection (f) for any fiscal year for a
program of grants to early/middle college high school.
``(2) Eligible programs.--For purposes of this subsection,
an early/middle college high school is a school that is
designed to provide 9th through 12th grade low-income and
first-generation college students with a coherent course of
study enabling them to earn simultaneously a high school
diploma and college credit toward a postsecondary degree.
``(3) Requirements.--Except as provided in paragraph (4),
the programs provided funds under this subsection shall comply
with the requirements of subsections (b), (c), and (d) of this
section.
``(4) Exception.--Notwithstanding subsections (b)(1) and
(d)(3)--
``(A) a student served in a program funded by a
grant under this subsection is not required to be
enrolled in a GEAR UP partnership or State program; and
``(B) an entity applying for funding under this
subsection is not required to meet the requirements of
section 404A(c).
``(f) Authorization of Appropriations.--In addition to the sums
authorized by section 404I, there are authorized to be appropriated to
carry out this section $50,000,000 for fiscal year 2005 and such sums
necessary for each of the 5 succeeding years.''.
(b) Conforming Amendments.--Chapter 2 of part A of title IV is
further amended by striking ``section 404H'' each place it appears and
inserting ``section 404I''.
SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSISTANCE.
Section 404H (20 U.S.C. 1070a-27), as redesignated by section 5(1)
of this Act, is amended by adding at the end the following new
subsection:
``(e) Technical Assistance.--In order to assist current grantees in
strengthening partnerships, leveraging resources, and sustaining
programs, the Secretary shall award not more than 0.75 percent of the
funds appropriated under section 404I for a fiscal year to the national
education organization that has served as technical assistance provider
for this program.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 404I (20 U.S.C. 1070a-28), as redesignated by section 5(1)
of this Act, is amended to read as follows:
``SEC. 404I. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$500,000,000 for fiscal year 2005 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''. | GEAR UP & GO Act - Amends the Higher Education Act of 1965 to revise specified requirements for Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) to facilitate the transition of low-income high school students into postsecondary education.
Authorizes the Secretary of Education to carry out a GEAR UP & GO grants program to provide low-income high school students participating in GEAR UP partnerships or State programs opportunities for dual/concurrent enrollment in college courses while still enrolled in high school. Provides that students in such program: (1) shall not be required to apply for admission to the institution of higher education; and (2) may receive college credit. Requires up to 25 percent of GEAR UP & GO program funds to be reserved for grants to early/middle college high schools designed to provide 9th through 12th grade low-income and first-generation college students with a coherent course of study enabling them to earn simultaneously a high school diploma and college credit toward a postsecondary degree. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Extradition
Enforcement Act of 2001''.
SEC. 2. ANNUAL REPORT ON EXTRADITION EFFORTS BETWEEN THE UNITED STATES
AND FOREIGN GOVERNMENTS.
(a) Annual Report.--
(1) In general.--Not later than January 1 of each year, the
Secretary of State, in conjunction with the Attorney General,
shall prepare and submit to the Congress an annual report on
efforts between the United States and the governments of
foreign countries to extradite to the United States individuals
described in paragraph (2) during the preceding year.
(2) Individuals described.--An individual described in this
paragraph is an individual who is being held in custody by the
government of a foreign country (or who is otherwise known to
be in the foreign country), and with respect to which a
competent authority of the United States--
(A) has charged with a major extraditable offense
described in paragraph (3);
(B) has found guilty of committing a major
extraditable offense described in paragraph (3); or
(C) is seeking extradition in order to complete a
judicially pronounced penalty of deprivation of liberty
for a major extraditable offense described in paragraph
(3).
(3) Major extraditable offenses described.--A major
extraditable offense described in this paragraph is an offense
of murder, attempted murder, manslaughter, aggravated assault,
kidnapping, abduction, or other false imprisonment, rape, drug
trafficking, or terrorism.
(b) Additional Requirements.--The annual report required under
subsection (a) shall also include the following:
(1) The aggregate number of individuals described in
subsection (a)(2) who are being held in custody by all
governments of foreign countries (or are otherwise known to be
in the foreign countries) during the preceding year.
(2) With respect to each individual described in subsection
(a)(2), the reasons why the individual has not been extradited
to the United States and the specific actions the United States
has taken to obtain extradition.
SEC. 3. SANCTIONS AGAINST FOREIGN GOVERNMENTS THAT ARE UNCOOPERATIVE IN
EXTRADITION EFFORTS WITH THE UNITED STATES.
(a) Prohibition on Development and Security Assistance.--
(1) Prohibition.--Development assistance and security
assistance may not be provided to a foreign government that the
President identifies under subsection (d) as uncooperative in
extradition efforts with the United States.
(2) Definitions.--In this subsection:
(A) Development assistance.--The term ``development
assistance'' means assistance under chapter 1 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.).
(B) Security assistance.--The term ``security
assistance'' means assistance under--
(i)(I) chapter 2 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2311 et seq.); and
(II) chapter 5 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.); and
(ii) the Arms Export Control Act (22 U.S.C.
2751 et seq.).
(b) Opposition to Multilateral Assistance.--The President shall
instruct the United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) to use the voice, vote, and
influence of the United States to oppose any proposal to provide any
kind of assistance that would primarily benefit a foreign government
that the President identifies under subsection (d) as uncooperative in
extradition efforts with the United States.
(c) Denial of Visas.--No consular officer shall issue a visa to,
and the Attorney General shall exclude from the United States, any
alien who the Secretary of State determines is a high-ranking official
of the government of a country that the President identifies under
subsection (d) as uncooperative in extradition efforts with the United
States.
(d) Identification and Report.--
(1) Identification.--The President shall identify on an
annual basis those foreign governments that are uncooperative
in extradition efforts with the United States. In making an
identification with respect to a foreign government under this
paragraph, the President shall take into account information in
the annual report required under section 2 and the following:
(A) The extent to which the foreign government has
a policy to refuse to extradite to the United States
its citizens who are charged with, or found guilty of
committing, major extraditable offenses described in
section 2(a)(3), by such other countries.
(B) Whether or not the foreign government, upon
request by competent authorities of the United States,
has failed to extradite to the United States during the
preceding year 1 or more citizens of the United States
who are described in section 2(a)(2).
(C) Whether or not the foreign government, upon
request by competent authorities of the United States
(and in accordance with subsection (f), if applicable),
has failed to extradite to the United States during the
preceding 2-year period 5 or more individuals
(involving unrelated extradition requests) described in
section 2(a)(2).
(D) The extent to which corruption in the foreign
government jeopardizes the extradition process of that
country.
(2) Report.--Not later than March 1 of each year, the
President shall prepare and transmit to the Congress a report
containing a list of the foreign governments identified under
paragraph (1).
(e) Waiver by President.--
(1) Waiver.--The President may waive the prohibition on
development assistance and security assistance under subsection
(a), the requirement to oppose multilateral assistance under
subsection (b), or the denial of visas under subsection (c),
with respect to a foreign government if the President
determines and certifies to the Congress that it is in the
vital national interests of the United States to do so.
(2) Congressional review.--Notwithstanding paragraph (1),
if, not later than 60 calendar days after receipt of a
certification of the President with respect to a foreign
government under paragraph (1), a joint resolution is enacted
disapproving the certification, then--
(A) funds may not be obligated or expended for
development assistance or security assistance for the
foreign country in accordance with subsection (a);
(B) the requirement to oppose multilateral
assistance under subsection (b) shall apply; and
(C) the requirement to deny visas for high-ranking
officials of the government of that country under
subsection (c) shall apply.
(f) Formal Complaint Procedures Relating to Denial of Extradition
Requests.--The Attorney General shall establish procedures under which
a competent authority of a State, which is requesting extradition of 1
or more individuals from a foreign country as described in subsection
(d)(1)(C) and with respect to which the foreign country has failed to
comply with such request, may submit to the Attorney General a formal
complaint for purposes of determining whether or not the country has
failed to extradite to the United States during the preceding 2-year
period 5 or more individuals (involving unrelated extradition requests)
in accordance with such subsection (d)(1)(C).
SEC. 4. CRIMINAL PENALTIES.
(a) Increased Penalty for Flight To Avoid Prosecution.--Section
1073 of title 18, United States Code, is amended by striking ``five
years'' and inserting ``15 years''.
(b) Transfers to Persons Resisting Extradition.--
(1) Generally.--Chapter 49 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1075. Transfers to persons resisting extradition
``Whoever knowingly transfers from the United States anything of
value to a person who is in a foreign place with the intent to assist
that person in resisting extradition to the United States shall be
fined under this title or imprisoned not more than 10 years, or both.''
(2) Clerical amendment.--The table of sections at the
beginning of chapter 49 of title 18, United States Code, is
amended by adding at the end the following new item:
``1075. Transfers to persons resisting extradition.''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendment made by this Act, shall be
construed to affect any provision of an extradition treaty between the
United States and a foreign government. | International Extradition Enforcement Act of 2001 - Directs the Secretary of State to report annually to Congress on efforts between the United States and a government of a foreign country to extradite to the United States an individual being held in custody by such government and whom the United States: (1) has charged with a major extraditable offense; (2) has found guilty of committing a major extraditable offense; or (3) is seeking to extradite to complete a judicially pronounced penalty of deprivation of liberty for a major extraditable offense. Defines "major extraditable offense" as murder, attempted murder, manslaughter, aggravated assault, kidnaping, abduction, or other false imprisonment, rape, drug trafficking, or terrorism.Prohibits the provision of development and security assistance to, or the issuance of a visa to any alien who is a high-ranking official of, a government of a country uncooperative in extradition efforts with the United States. Provides for the waiver of such prohibitions if it is in the vital national interests of the United States.Amends Federal criminal law to increase the criminal penalty for individuals who flee to avoid prosecution or give testimony in the United States. Imposes both civil and criminal penalties for persons who knowingly transfer from the United States anything of value to a person in a foreign country with the intent to assist such person in resisting extradition to the United States. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Member's Pension
Limitation Act of 1994''.
SEC. 2. REFERENCE.
Whenever in this Act a section or other provision is amended or
repealed, such amendment or repeal shall be considered to be made to
that section or other provision of title 5, United States Code.
SEC. 3. MAXIMUM ALLOWABLE MEMBER SERVICE FOR PURPOSES OF RETIREMENT
BENEFITS.
(a) Definitions.--
(1) FERS.--
(A) Maximum allowable member service.--Section 8401
is amended--
(i) by striking out ``and'' at the end of
paragraph (31);
(ii) by striking out the period at the end
of paragraph (32) and inserting in lieu thereof
``; and''; and
(iii) by adding at the end the following:
``(33) the term `maximum allowable Member service' means
service as a Member of 12 years.''.
(B) Average pay.--Section 8401(3) is amended to
read as follows:
``(3) the term `average pay' means--
``(A) the largest annual rate resulting from
averaging--
``(i) in the case of an employee, an
employee's rates of basic pay in effect over
any 3 consecutive years of service; or
``(ii) in the case of a Member, the
Member's rates of basic pay in effect for the 3
years of Member service immediately preceding
retirement; or
``(B) in the case of an annuity under this chapter
based on service of less than 3 years, over the total
service;
with each rate weighted by the period it was in effect;''.
(2) CSRS.--
(A) Maximum allowable member service.--Section 8331
is amended--
(i) by striking out ``and'' at the end of
paragraph (25);
(ii) by striking out the period at the end
of paragraph (26) and inserting in lieu thereof
``; and''; and
(iii) by adding at the end the following:
``(27) the term `maximum allowable Member service' means
service as a Member of 12 years.''.
(B) Average pay.--Section 8331(4) is amended to
read as follows:
``(3) `average pay' means--
``(A) the largest annual rate resulting from
averaging--
``(i) in the case of an employee, an
employee's rates of basic pay in effect over
any 3 consecutive years of creditable service;
or
``(ii) in the case of a Member, the
Member's rates of basic pay in effect for the 3
years of Member service immediately preceding
retirement; or
``(B) in the case of an annuity under subsection
(d) or (e)(1) of section 8341 of this title based on
service of less than 3 years, over the total service;
with each rate weighted by the time it was in effect;''.
(b) Creditable Service.--
(1) FERS.--
(A) In general.--Section 8411(a) is amended by
adding at the end the following:
``(3) A Member may not be allowed credit for Member service under
this chapter that is greater than the maximum allowable Member
service.''.
(B) Conforming amendment.--Section 8411(b)(1) is
amended by inserting before the semicolon at the end
thereof the following ``, but not in excess of the
maximum allowable Member service''.
(2) CSRS.--Section 8332(b) is amended in the matter
preceding paragraph (1) by inserting ``Credit may not be
allowed for Member service under this chapter that is the
greater of the maximum allowable Member service or the Member
service of the Member determined as of the beginning of the
104th Congress.'' before ``The service includes''.
SEC. 4. IMMEDIATE RETIREMENT.
Section 8412 is amended as follows:
(1) Subsection (a) of such section is amended by striking
out ``or Member''.
(2) Subsection (b) of such section is amended by striking
out ``or Member''.
(3) Subsection (c) of such section is amended by striking
out ``or Member''.
(4) Subsection (f) of such section is amended to read as
follows:
``(f) A Member who is separated from the service after becoming 62
years of age and completing 4 years of service is entitled to an
annuity.''.
(5) Subsection (g) of such section is amended by striking
out ``or Member'' each place it occurs.
SEC. 5. COMPUTATION OF ANNUITIES.
(a) FERS.--Section 8415 is amended as follows:
(1) By amending subsection (b) to read as follows:
``(b) The annuity of a Member, or former Member with title to a
Member annuity, retiring under this subchapter is computed under
subsection (a), except that if the individual has had at least 4 years
of service as a Member, so much of the annuity as is computed with
respect to such service, not exceeding a total of the maximum allowable
Member service, shall be computed by multiplying 1\7/10\ percent of the
individual's average pay by the years of service as a Member.''.
(2) In subsection (c), by striking ``or Member, or
combination thereof, so much of the annuity as is computed with
respect to either such type of service (or combination
thereof),'' and inserting ``, so much of the annuity as is
computed with respect to such service,''.
(3) In subsection (f), by striking out ``or Member'' each
place it appears.
(b) CSRS.--
(1) Age.--The second sentence of section 8339(h) is amended
by striking out ``60 years'' and inserting in lieu thereof ``62
years''.
(2) Maximum.--Section 8339(c)(1) is amended by inserting
``, not to exceed the total service of such Member or former
Member as of the effective date of the Member's Pension
Limitation Act of 1994 or 12 years (whichever is greater),''
after ``service as a Member''.
SEC. 6. DEDUCTIONS FROM PAY.
(a) FERS.--
(1) In general.--Section 8422(a) is amended--
(A) in paragraph (1), by striking out ``The'' and
inserting in lieu thereof ``Except as provided in
paragraph (3), the''; and
(B) adding at the end thereof the following:
``(3) Paragraphs (1) and (2) shall cease to apply with respect to a
Member when the service of the Member attains the maximum allowable
Member service.''.
(2) Government contributions.--Section 8423(a)(1) is
amended in the matter preceding subparagraph (A) by inserting
``paragraphs (1) and (2) of'' before ``section 8422(a)''.
(b) CSRS.--
(1) In general.--Section 8334(a) is amended--
(A) in paragraph (1), by striking out ``The
employing agency'' and inserting in lieu thereof
``Except as provided in paragraph (3), the employing
agency''; and
(B) adding at the end thereof the following:
``(3) Paragraphs (1) and (2) shall cease to apply with respect to a
Member when the service of the Member attains the maximum allowable
Member service.''.
(2) Deposits.--Section 8334(c) is amended by adding at the
end the following: ``This subsection does not apply with
respect to a Member for Member service performed after January
1, 1995, in excess of the maximum allowable Member service of
that Member.''.
SEC. 7. THRIFT SAVINGS PLAN.
(a) FERS.--
(1) Limitation on government contributions.--Section
8432(c) is amended--
(A) by striking out ``At the time'' in paragraph
(1)(A) and inserting in lieu thereof ``Except as
provided in paragraph (4), at the time'';
(B) by striking out ``In addition to'' in paragraph
(2)(A) and inserting in lieu thereof ``Except as
provided in paragraph (4), in addition to''; and
(C) by adding at the end the following:
``(4) Paragraphs (1) and (2) shall cease to apply with respect to a
Member when the Member attains the maximum allowable Member service.''.
(2) Forfeiture.--Section 8432(g)(3) is amended--
(A) by inserting ``(A)'' after ``(3)'';
(B) by striking out ``Member or'' each place it
appears; and
(C) by adding at the end the following:
``(B) Contributions made for the benefit of a Member under
subsection (c)(1) and all earnings attributable to such contributions
shall be forfeited if the Member separates from Government employment
before completing 4 years of civilian service.''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to Members
of Congress who are Members of Congress beginning with the 104th
Congress. | Congressional Member's Pension Limitation Act of 1994 - Amends provisions governing the Federal Employee Retirement System (FERS) and the Civil Service Retirement System (CSRS) to redefine the "average pay" of a Member of Congress as the largest annual rate resulting from averaging the Member's rates of basic pay in effect for the three years of his or her service immediately preceding retirement.
Prohibits a Member from being allowed creditable service for: (l) more than 12 years of Member service for purposes of FERS; or (2) more than the greater of 12 years of Member service or the Member's period of service as of the beginning of the 104th Congress for purposes of CSRS.
(Sec. 4) Revises provisions governing FERS annuity eligibility to entitle a Member to an annuity upon being separated from service after reaching age 62 and completing four years of service.
(Sec. 5) Makes changes in the computation of FERS annuities payable to Members to: (1) eliminate adjustments for service as a congressional employee; (2) apply the 1.7 multiplier to not more than 12 years of service of Members who had at least four years of service; and (3) apply annuity reductions to Members who retire before age 62 (currently, before age 60). Prohibits the service of a Member for purposes of computing his or her CSRS annuity from exceeding the total service of such Member or former Member as of the effective date of this Act or 12 years (whichever is greater).
(Sec. 6) Ends an employing agency's FERS or CSRS deductions from a Member's basic pay and ends Government and Member contributions after the Member has performed 12 years of service. Prohibits a Member credited with civilian service after July 31, 1920, for which CSRS retirement deductions or deposits have not been made from making such deposits for the service if it exceeds 12 years and was performed after January 1, 1995.
(Sec. 7) Requires a Member's employing agency to cease making contributions to the Thrift Savings Fund on the Member's behalf after the Member performs 12 years of service. Forfeits contributions and attributable earnings if a Member separates from Government employment before completing four years of service. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Medical Services
Efficiency Act of 1998''.
TITLE I--MEDICARE COVERAGE OF CERTAIN AMBULANCE SERVICES
SEC. 101. MEDICARE COVERAGE OF CERTAIN AMBULANCE SERVICES.
(a) Coverage.--Section 1861(s)(7) of the Social Security Act (42
U.S.C. 1395x(s)(7)) is amended by striking ``regulations;'' and
inserting ``regulations, except that such regulations shall not fail to
treat ambulance services as medical and other health services solely
because the ultimate diagnosis of the individual receiving the
ambulance services results in the conclusion that ambulance services
were not necessary, as long as the request for ambulance services is
made after the sudden onset of a medical condition that is manifested
by symptoms of such sufficient severity, including severe pain, that a
prudent layperson, who possesses an average knowledge of health and
medicine, could reasonably expect to result, without immediate medical
attention, in--
``(A) placing the individual's health in serious jeopardy;
``(B) serious impairment to the individual's bodily
functions; or
``(C) serious dysfunction of any bodily organ or part of
the individual;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items and services provided on or after the date of enactment
of this Act.
TITLE II--STATE EMERGENCY MEDICAL SERVICES AGENCY PARTICIPATION IN
CERTAIN FEDERAL PROGRAMS
SEC. 201. TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL AREAS.
(a) In General.--Section 2333(c)(1) of chapter 1 of subtitle D of
title XXIII of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 950aaa-2(c)(1)) is amended by adding at the end the
following flush sentence:
``For purposes of this paragraph, the term `entities' shall
include State emergency medical services agencies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 202. INFORMATICS, TELEMEDICINE, AND EDUCATION DEMONSTRATION
PROJECT.
(a) In General.--Section 4207(c) of the Balanced Budget Act of 1997
(42 U.S.C. 1395b-1(c) note.) is amended by adding at the end the
following flush sentence:
``A State emergency medical services agency may participate in
the consortium under this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
TITLE III--FEDERAL COMMISSION FOR EMERGENCY AMBULANCE SERVICES
SEC. 301. DEFINITION OF EMERGENCY AMBULANCE SERVICES.
In this title, the term ``emergency ambulance services''--
(1) means resources used by a qualified public, private, or
nonprofit entity to deliver medical care under emergency
conditions--
(A) that occur as a result of the condition of a
patient; or
(B) that occur as a result of a natural disaster or
similar situation; and
(2) includes services delivered by an emergency ambulance
employee that is licensed or certified by a State as an
emergency medical technician, a paramedic, a registered nurse,
a physician assistant, or a physician.
SEC. 302. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Federal Commission for Emergency Ambulance Services (in this
title referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 21
members, of whom--
(A) 1 shall be an individual who is appointed by
the Majority Leader of the Senate;
(B) 1 shall be an individual who is appointed by
the Minority Leader of the Senate;
(C) 1 shall be an individual who is appointed by
the Speaker of the House of Representatives;
(D) 1 shall be an individual who is appointed by
the Minority Leader of the House of Representatives;
(E) 1 shall be a member of the American Academy of
Pediatrics, appointed by the President from a list of
nominations submitted by the American Academy of
Pediatrics;
(F) 1 shall be a member of the American Ambulance
Association, appointed by the President from a list of
nominations submitted by the American Ambulance
Association;
(G) 1 shall be a member of the American College of
Emergency Physicians, appointed by the President from a
list of nominations submitted by the American College
of Emergency Physicians;
(H) 1 shall be a member of the Committee on Trauma
within the American College of Surgeons, appointed by
the President from a list of nominations submitted by
the American College of Surgeons;
(I) 1 shall be a member of the American Hospital
Association, appointed by the President from a list of
nominations submitted by the American Hospital
Association;
(J) 1 shall be a member of the Committee on EMS-F30
within the American Society for Testing and Material,
appointed by the President from a list of nominations
submitted by the American Society for Testing and
Material;
(K) 1 shall be a member of the Associated Public
Safety Communications Officials International,
appointed by the President from a list of nominations submitted by the
Associated Public Safety Communications Officials International;
(L) 1 shall be a member of the Association of Air
Medical Services, appointed by the President from a
list of nominations submitted by the Association of Air
Medical Services;
(M) 1 shall be a member of the Emergency Nurses
Association, appointed by the President from a list of
nominations submitted by the Emergency Nurses
Association;
(N) 1 shall be a member of the International
Association of Fire Chiefs, appointed by the President
from a list of nominations submitted by the
International Association of Fire Chiefs;
(O) 1 shall be a member of the International
Association of Fire Fighters, appointed by the
President from a list of nominations submitted by the
International Association of Fire Fighters;
(P) 1 shall each be a member of a governing body of
an Indian tribe (as that term is defined in section
4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)), appointed by the
President;
(Q) 1 shall be a member of the National Association
of Emergency Medical Services Physicians, appointed by
the President from a list of nominations submitted by
the National Association of Emergency Medical Services
Physicians;
(R) 1 shall be a member of the National Association
of State Emergency Medical Services Directors,
appointed by the President from a list of nominations
submitted by the National Association of State
Emergency Medical Services Directors;
(S) 1 shall be a member of the National Association
of Emergency Medical Technicians, appointed by the
President from a list of nominations submitted by the
National Association of Emergency Medical Technicians;
(T) 1 shall be a member of the National Rural
Health Association, appointed by the President from a
list of nominations submitted by the National Rural
Health Association; and
(U) 1 shall be a member of the National Volunteer
Fire Council, appointed by the President from a list of
nominations submitted by the National Volunteer Fire
Council.
(2) Additional requirements.--
(A) Geographical representation and urban and rural
representation.--In making appointments of members
under paragraph (1), the appointing officials described
in such paragraph shall, through consultation and
collaboration with each other, select--
(i) members who are geographically
representative of the United States; and
(ii) members who are representative of
rural areas and urban areas.
(B) Special rule.--The appointing officials
described paragraph (1) shall ensure that, of the
members appointed--
(i) 11 shall be representative of rural
areas; and
(ii) 11 shall be representative of urban
areas.
(3) Date.--The appointments of the members of the
Commission shall be made not later than January 1, 1999.
(c) Period of Appointment; Vacancies.--
(1) Period of appointment.--Members shall be appointed for
a term of 4 years.
(2) Vacancy.--
(A) In general.--Any vacancy in the Commission
shall not affect the powers of the Commission, but
shall be filled in the same manner as the original
appointment.
(B) Filling unexpired terms.--An individual chosen
to fill a vacancy under this paragraph shall be
appointed for the unexpired term of the member
replaced.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among the members of the
Commission.
SEC. 303. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a thorough study of all
matters relating to emergency ambulance services, including any
existing or proposed Federal department or agency rules that impact
such services.
(b) Recommendations.--The Commission shall develop recommendations
regarding the improvement of all matters relating to emergency
ambulance services, including any existing or proposed Federal
department or agency rules that impact such services.
(c) Report.--Not later than 1 year after the date of enactment of
this Act and annually thereafter, the Commission shall submit a report
to the President and Congress containing a detailed statement of the
results of the matters studied by the Commission pursuant to subsection
(a), together with the Commission's recommendations formulated pursuant
to subsection (b).
SEC. 304. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers necessary to carry out the
purposes of this title.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this
title. Upon request of the Chairperson of the Commission, the head of
such department or agency shall furnish such information to the
Commission.
(c) Postal Services.--The Commission 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 Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 305. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission shall
receive no additional pay, allowances, or benefits by reason of the
service of the members on the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from the homes or
regular places of business of the members in the performance of
services for the Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform the duties of the Commission. The
employment of an executive director shall be subject to
confirmation by the Commission.
(2) Compensation.--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, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without compensation in
addition to that received for service as an employee of the United
States, and such detail shall be without interruption or loss of civil
service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under 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 such title.
SEC. 306. FUNDING.
The Secretary of Labor, the Secretary of Commerce, and the
Secretary of Health and Human Services shall equally provide to the
Commission, out of funds otherwise available to such Secretaries, such
sums as are necessary to carry out the purposes of the Commission under
this title.
SEC. 307. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
TITLE IV--STUDY AND REPORT REGARDING CONSOLIDATION OF FEDERAL AUTHORITY
OVER EMERGENCY MEDICAL SERVICES
SEC. 401. STUDY AND REPORT REGARDING CONSOLIDATION OF FEDERAL AUTHORITY
OVER EMERGENCY MEDICAL SERVICES.
(a) Study and Recommendations.--
(1) In general.--The Comptroller General of the United
States shall conduct a thorough study and make recommendations
on all matters relating to the transfer of all functions (other
than the functions referred to in paragraph (2)) of Federal
agencies relating to emergency medical services to a single
Federal agency (and if appropriate, to a specific office within
such agency), including the transfer of appropriations and
personnel associated with such services to such agency.
(2) Exceptions.--The recommendations formulated pursuant to
paragraph (1) shall not provide for the transfer of any
function--
(A) of the Department of Defense; or
(B) related to a Federal health care program (as
defined in section 1128B(f) of the Social Security Act
(42 U.S.C. 1320a-7b(f))).
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the President and Congress containing a detailed statement of
the results of the matters studied and recommendations formulated by
the Comptroller General pursuant to subsection (b), together with any
legislative recommendations that the Comptroller General determines to
be appropriate for carrying out the recommendations. | TABLE OF CONTENTS:
Title I: Medicare Coverage of Certain Ambulance Services
Title II: State Emergency Medical Services Agency
Participation in Certain Federal Programs
Title III: Federal Commission for Emergency Ambulance
Services
Title IV: Study and Report Regarding Consolidation of
Federal Authority Over Emergency Medical Services
Emergency Medical Services Efficiency Act of 1998 -
Title I: Medicare Coverage of Certain Ambulance Services
- Amends title XVIII (Medicare) of the Social Security Act to ensure Medicare reimbursement for ambulance services rendered as a result of the sudden onset of a medical condition manifested by symptoms believed to be serious but whose ultimate diagnosis results in the conclusion that the ambulance services were not necessary.
Title II: State Emergency Medical Services Agency Participation in Certain Federal Programs
- Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to include State emergency medical services agencies among the entities eligible for financial assistance with regard to telemedicine and distance learning services in rural areas.
Amends the Balanced Budget Act of 1997 to allow a State emergency medical services agency to participate in the Informatics, Telemedicine, and Education Demonstration Project as part of an eligible health care provider telemedicine network (consortium).
Title III: Federal Commission for Emergency Ambulance Services
- Establishes the Federal Commission for Emergency Ambulance Services to study and report to the President and the Congress on all matters relating to emergency ambulance services, including any existing or proposed Federal department or agency rules that impact such services, together with recommendations for improving such matters.
Title IV: Study and Report Regarding Consolidation of Federal Authority Over Emergency Medical Services
- Directs the Comptroller General of the United States to study and report to the President and the Congress on the consolidation of Federal authority over emergency medical services in a single Federal agency, together with appropriate recommendations. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuban Airport Security Act of
2017''.
SEC. 2. FLIGHTS BETWEEN THE UNITED STATES AND CUBA.
(a) In General.--The Administrator of the Transportation Security
Administration shall brief the Committee on Homeland Security of the
House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Comptroller General of the United
States on the following aspects of security measures at each of Cuba's
10 international airports:
(1) Details about the type of equipment used at screening
checkpoints and an analysis of such equipment's capabilities
and weaknesses.
(2) Information about each such airport's canine program,
if used.
(3) The frequency of training for screening and security
personnel.
(4) Access controls in place to ensure only credentialed
personnel have access to the secure and sterile areas of such
airports.
(5) An assessment of the ability of known or suspected
terrorists to use Cuba as a gateway to entering the United
States.
(6) Security of such airports' perimeters.
(7) A mitigation assessment regarding Man Portable Air
Defense Systems.
(8) The vetting practices and procedures for airport
employees.
(9) Any other information determined relevant to the
security practices, procedures, and equipment in place at such
airports.
(b) Public Disclosure of Certain Agreements.--
(1) Disclosure required.--No United States air carrier that
has entered into a covered agreement may employ a Cuban
national pursuant to 31 CFR 515.573 after the date that is 30
days after the date of the enactment of this Act unless the air
carrier has publicly disclosed the full text of the covered
agreement.
(2) Hiring and training requirements.--Notwithstanding any
other provision of law or regulation, to the extent
practicable, Cuban nationals referred to in paragraph (1) shall
not have been recruited, hired, or trained by entities that are
owned, operated, or controlled, in whole or in part, by Cuba's
Council of State, Council of Ministers, Communist Party,
Ministry of the Revolutionary Armed Forces, Ministry of Foreign
Affairs, or Ministry of the Interior.
(3) Covered agreement.--In this subsection, the term
``covered agreement'' means a formal agreement between a United
States air carrier with passenger air service between any
location in Cuba and any location in the United States and the
Empresa Cubana de Aeropuertos y Servicios Aeronauticos or any
other entity associated with the Government of Cuba.
SEC. 3. FEDERAL AIR MARSHAL SERVICE AGREEMENTS.
(a) Standardization.--Not later than 60 days after the date of the
enactment of the Act, the Administrator of the Transportation Security
Administration shall develop a standard working document to serve as
the basis for all negotiations and agreements that begin after such
date between the United States and foreign governments or partners
regarding Federal Air Marshal coverage of flights to and from the
United States.
(b) Written Agreements.--All agreements between the United States
and foreign governments or partners regarding the presence of Federal
Air Marshals on flights to and from the United States pursuant to
subsection (a) shall be written and signed by the Secretary of Homeland
Security or the Secretary's designee.
(c) Congressional Notification.--The Secretary of Homeland Security
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate any agreement entered into under this
section within 30 days of such agreement being signed.
SEC. 4. INTERNATIONAL CIVIL AVIATION ORGANIZATION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the United States Ambassador or the Charge
d'Affaires to the United States Mission to the International Civil
Aviation Organization shall pursue improvements to airport security,
including if practicable, introducing a resolution to raise minimum
standards for airport security.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the United States Ambassador or the Charge
d'Affaires to the United States Mission to the International Civil
Aviation Organization shall report to the Committee on Homeland
Security and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, and the Committee on
Commerce, Science, and Transportation of the Senate on the
implementation of subsection (a).
Passed the House of Representatives October 23, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Cuban Airport Security Act of 2017 This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to brief Congress and the Government Accountability Office on specified aspects of security measures at each of Cuba's 10 international airports No U.S. air carrier that has entered into a covered agreement may employ a Cuban national beginning 30 days after enactment of this bill unless such carrier has publicly disclosed the full text of the agreement, and such nationals shall not have been recruited, hired, or trained by entities that are owned, operated, or controlled by Cuba's Council of State, Council of Ministers, Communist Party, Ministry of the Revolutionary Armed Forces, Ministry of Foreign Affairs, or Ministry of the Interior. A "covered agreement" means a formal agreement between a U.S. air carrier with passenger air service between any location in Cuba and any location in the United States and the Empresa Cubana de Aeropuertos y Servicios Aeronauticos or any other entity associated with the Cuban government. (Sec. 3) TSA shall develop a standard working document for all negotiations and agreements between the United States and foreign governments or partners regarding Federal Air Marshal coverage of flights to and from the United States. All such agreements shall be written and signed by the DHS Secretary. DHS shall notify Congress of any such agreement within 30 days of it being signed. (Sec. 4) The U.S. Ambassador or the Charge d'Affaires to the U.S. Mission to the International Civil Aviation Organization shall pursue improvements to airport security, including introducing a resolution to raise minimum airport security standards. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Tribute to Dr. Norman
E. Borlaug Act of 2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Dr. Norman E. Borlaug, was born in Iowa where he grew
up on a family farm, and received his primary and secondary
education.
(2) Dr. Borlaug attended the University of Minnesota where
he received his B.A. and Ph.D. degrees and was also a star NCAA
wrestler.
(3) For the past 20 years, Dr. Borlaug has lived in Texas
where he is a member of the faculty of Texas A&M University.
(4) Dr. Borlaug also serves as President of the Sasakawa
Africa Association.
(5) Dr. Borlaug's accomplishments in terms of bringing
radical change to world agriculture and uplifting humanity are
without parallel.
(6) In the immediate aftermath of World War II, Dr. Borlaug
spent 20 years working in the poorest areas of rural Mexico. It
was there that Dr. Borlaug made his breakthrough achievement in
developing a strain of wheat that could exponentially increase
yields while actively resisting disease.
(7) With the active support of the governments involved,
Dr. Borlaug's ``green revolution'' uplifted hundreds of
thousands of the rural poor in Mexico and saved hundreds of
millions from famine and outright starvation in India and
Pakistan.
(8) Dr. Borlaug's approach to wheat production next spread
throughout the Middle East. Soon thereafter his approach was
adapted to rice growing, increasing the number of lives Dr.
Borlaug has saved to more than a billion people.
(9) In 1970, Dr. Borlaug received the Nobel Prize, the only
person working in agriculture to ever be so honored. Since then
he has received numerous honors and awards including the
Presidential Medal of Freedom, the Public Service Medal, the
National Academy of Sciences' highest honor, and the Rotary
International Award for World Understanding and Peace.
(10) At age 91, Dr. Borlaug continues to work to alleviate
poverty and malnutrition. He currently serves as president of
Sasakawa Global 2000 Africa Project, which seeks to extend the
benefits of agricultural development to the 800,000,000 people
still mired in poverty and malnutrition in sub-Saharan Africa.
(11) Dr. Borlaug continues to serve as Chairman of the
Council of Advisors of the World Food Prize, an organization he
created in 1986 to be the ``Nobel Prize for Food and
Agriculture'' and which presents a $250,000 prize each October
at a Ceremony in Des Moines, Iowa, to the Laureate who has made
an exceptional achievement similar to Dr. Borlaug's
breakthrough 40 years ago. In the almost 20 years of its
existence, the World Food Prize has honored Laureates from
Bangladesh, India, China, Mexico, Denmark, Sierra Leone,
Switzerland, the United Kingdom, and the United States.
(12) Dr. Borlaug has saved more lives than any other person
who has ever lived, and likely has saved more lives in the
Islamic world than any other human being in history.
(13) Due to a lifetime of work that has led to the saving
and preservation of an untold amount of lives, Dr. Norman E.
Borlaug is deserving of America's highest civilian award: the
congressional gold medal.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President Pro Tempore of the
Senate and the Speaker of the House of Representatives are authorized
to make appropriate arrangements for the presentation, on behalf of
Congress, of a gold medal of appropriate design, to Dr. Norman E.
Borlaug, in recognition of his enduring contributions to the United
States and the world.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall strike a gold medal
with suitable emblems, devices, and inscriptions, to be determined by
the Secretary.
SEC. 4. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 3 at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS AS NATIONAL MEDALS.
(a) National Medal.--The medal struck under this Act is a national
medal for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all duplicate medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority to Use Fund Amounts.--There are authorized to be
charged against the United States Mint Public Enterprise Fund, such
sums as may be necessary to pay for the cost of the medals struck under
this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 4 shall be deposited in the United States
Mint Public Enterprise Fund. | Congressional Tribute to Dr. Norman E. Borlaug Act of 2006 - Authorizes The President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Dr. Norman E. Borlaug, in recognition of his enduring contributions to the United States and the world. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let NHTSA Enforce Automated Vehicle
Driving Regulations Act'' or the ``LEAD'R Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to memorialize the Federal role in
ensuring the safety of highly automated vehicles as it relates to
design, construction, and performance, by encouraging the testing and
deployment of such vehicles.
SEC. 3. NHTSA AUTHORITY AND STATE PREEMPTION FOR AUTONOMOUS MOTOR
VEHICLES.
(a) Relationship to Other Laws.--Section 30103 of title 49, United
States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Preemption.--
``(1) Highly automated vehicles.--No State or political
subdivision of a State may maintain, enforce, prescribe, or
continue in effect any law or regulation regarding the design,
construction, or performance of highly automated vehicles,
automated driving systems, or components of automated driving
systems unless such law or regulation is identical to a
standard prescribed under this chapter.
``(2) Motor vehicle standard.--When a motor vehicle safety
standard is in effect under this chapter a State or political
subdivision of a State may prescribe or continue in effect a
standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard
is identical to the standard prescribed under this chapter.
``(3) Rules of construction.--
``(A) In general.--Nothing in this subsection may
be construed to prohibit a State or a political
subdivision of a State from maintaining, enforcing,
prescribing, or continuing in effect any law or
regulation regarding registration, licensing, driving
education and training, insurance, law enforcement,
crash investigations, safety and emission inspections,
congestion management of vehicles on the street within
a State or political subdivision of a State, or traffic
unless the law or regulation is an unreasonable
restriction on the design, construction, or performance
of highly automated vehicles, automated driving
systems, or components of automated driving systems.
``(B) Motor vehicle dealers.--Nothing in this
subsection may be construed to prohibit a State or
political subdivision of a State from maintaining,
enforcing, prescribing, or continuing in effect any law
or regulation regarding the sale, distribution, repair,
or service of highly automated vehicles, automated
driving systems, or components of automated driving
systems by a dealer, manufacturer, or distributor.
``(C) Conformity with federal law.--Nothing in this
subsection shall be construed to preempt, restrict, or
limit a State or political subdivision of a State from
acting in accordance with any other Federal law.
``(4) Higher performance requirement.--However, the United
States Government, a State, or a political subdivision of a
State may prescribe a standard for a motor vehicle, motor
vehicle equipment, highly automated vehicle, or automated
driving system obtained for its own use that imposes a higher
performance requirement than that required by the otherwise
applicable standard under this chapter.
``(5) State enforcement.--A State may enforce a standard
that is identical to a standard prescribed under this
chapter.''; and
(2) by amending subsection (e) to read as follows:
``(e) Common Law Liability.--
``(1) In general.--Compliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person
from liability at common law.
``(2) Rule of construction.--Nothing in this section shall
be construed to preempt common law claims.''.
(b) Definitions.--Section 30102 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (13) as
paragraphs (2), (3), (4), (5), (8), (9), (10), (11),
(12), (13), (15), (16), and (17), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `automated driving system' means the hardware and
software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of
whether such system is limited to a specific operational design
domain.'';
(C) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) `dynamic driving task' means all of the real time
operational and tactical functions required to operate a
vehicle in on-road traffic, excluding the strategic functions
such as trip scheduling and selection of destinations and
waypoints, and including--
``(A) lateral vehicle motion control via steering;
``(B) longitudinal vehicle motion control via
acceleration and deceleration;
``(C) monitoring the driving environment via object
and event detection, recognition, classification, and
response preparation;
``(D) object and event response execution;
``(E) maneuver planning; and
``(F) enhancing conspicuity via lighting,
signaling, and gesturing.
``(7) `highly automated vehicle'--
``(A) means a motor vehicle equipped with an
automated driving system; and
``(B) does not include a commercial motor vehicle
(as defined in section 31101).''; and
(D) by inserting after paragraph (13) (as so
redesignated) the following:
``(14) `operational design domain' means the specific
conditions under which a given driving automation system or
feature thereof is designed to function.''; and
(2) by adding at the end the following:
``(c) Revisions to Certain Definitions.--
``(1) If SAE International (or its successor organization)
revises the definition of any of the terms defined in paragraph
(1), (6), or (14) of subsection (a) in Recommended Practice
Report J3016, it shall notify the Secretary of the revision.
The Secretary shall publish a notice in the Federal Register to
inform the public of the new definition unless, within 90 days
after receiving notice of the new definition and after opening
a period for public comment on the new definition, the
Secretary notifies SAE International (or its successor
organization) that the Secretary has determined that the new
definition does not meet the need for motor vehicle safety, or
is otherwise inconsistent with the purposes of this chapter. If
the Secretary so notifies SAE International (or its successor
organization), the existing definition in subsection (a) shall
remain in effect.
``(2) If the Secretary does not reject a definition revised
by SAE International (or its successor organization) as
described in paragraph (1), the Secretary shall promptly make
any conforming amendments to the regulations and standards of
the Secretary that are necessary. The revised definition shall
apply for purposes of this chapter. The requirements of section
553 of title 5 shall not apply to the making of any such
conforming amendments.
``(3) Pursuant to section 553 of title 5, the Secretary may
update any of the definitions in paragraph (1), (6), or (14) of
subsection (a) if the Secretary determines that materially
changed circumstances regarding highly automated vehicles have
impacted motor vehicle safety such that the definitions need to
be updated to reflect such circumstances.''. | Let NHTSA Enforce Automated Vehicle Driving Regulations Act or the LEAD'R Act This bill provides for federal preemption of state laws regulating highly automated vehicles and automated driving systems (or components of such systems). A state may not enact a law in this area unless such law is identical to federal standards. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Investment Advice Act of
2001''.
SEC. 2. SAFE HARBOR FOR PLAN SPONSORS DESIGNATING INVESTMENT ADVISERS.
(a) In General.--Section 404 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end
the following new subsection:
``(e)(1) In the case of a pension plan which provides individual
accounts and permits a plan participant or beneficiary to exercise
control over the assets in such an account, if a plan sponsor or other
person who is a fiduciary designates and monitors a qualified
investment adviser pursuant to the requirements of paragraph (3), such
fiduciary--
``(A) shall be deemed to have satisfied the requirements
under this section for the prudent designation and periodic
review of an investment adviser with whom the plan sponsor or
other person who is a fiduciary enters into an arrangement for
the provision of advice referred to in section 3(21)(A)(ii),
``(B) shall not be liable under this section for any loss,
or by reason of any breach, with respect to the provision of
investment advice given by such adviser to any plan participant
or beneficiary, and
``(C) shall not be liable for any co-fiduciary liability
under subsections (a)(2) and (b) of section 405 with respect to
the provision of investment advice given by such adviser to any
plan participant or beneficiary.
``(2) For purposes of this subsection:
``(A) The term `qualified investment adviser' means, with
respect to a plan, a person--
``(i) who is a fiduciary of the plan by reason of
the provision of investment advice by such person to a
plan participant or beneficiary;
``(ii) who--
``(I) is registered as an investment
adviser under the Investment Advisers Act of
1940 (15 U.S.C. 80b-1 et seq.),
``(II) is registered as an investment
adviser under the laws of the State in which
such adviser maintains the principal office and
place of business of such adviser, but only if
such State has an examination requirement to
qualify for such registration,
``(III) is a bank or similar financial
institution referred to in section 408(b)(4),
``(IV) is an insurance company qualified to
do business under the laws of a State, or
``(V) is any other comparably qualified
entity which satisfies such criteria as the
Secretary determines appropriate, consistent
with the purposes of this subsection; and
``(iii) who meets the requirements of subparagraph
(B).
``(B) The requirements of this subparagraph are met, if
every individual employed (or otherwise compensated) by a
person described in subparagraph (A)(ii) who provides
investment advice on behalf of such person to any plan
participant or beneficiary, is--
``(i) an individual described in subclause (I) or
(II) of subparagraph (A)(ii),
``(ii) registered as a broker or dealer under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.),
``(iii) a registered representative as described in
section 3(a)(18) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)(18)) or section 202(a)(17) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-
2(a)(17)), or
``(iv) any other comparably qualified individual
who satisfies such criteria as the Secretary determines
appropriate, consistent with the purposes of this
subsection.
``(3) The requirements of this paragraph are met, if--
``(A) the plan sponsor or other person who is a fiduciary
in designating an investment adviser, and annually thereafter,
receives in writing verification that the investment adviser--
``(i) is and remains a qualified investment
adviser,
``(ii) acknowledges it is a fiduciary with respect
to the plan and is solely responsible for its
investment advice,
``(iii) has reviewed the plan documents including
investment options and upon review has determined that
its relationship with the plan and the investment
advice provided to any plan participant or beneficiary,
including any fees or other compensation it will
receive, will not constitute a violation of section
406, and
``(iv) has the necessary insurance coverage (as
determined by the Secretary) for any claim by any plan
participant or beneficiary;
``(B) the plan sponsor or other person who is a fiduciary
in designating a qualified investment adviser reviews the
following documents it receives from such adviser and
determines that there is no material reason not to enter into
an arrangement for the provision of advice by such qualified
investment adviser:
``(i) The contract with the plan sponsor or other
person who is a fiduciary for the services to be
provided by the investment adviser to the plan
participants and beneficiaries.
``(ii) A disclosure as to any fees or other
compensation that will be received by the investment
adviser for the provision of such investment advice.
``(iii) The Uniform Application for Investment
Adviser Registration as filed with the Securities and
Exchange Commission or a substantially similar
disclosure application as determined by and filed with
the Secretary; and
``(C) the plan sponsor or other person who is a fiduciary
determines whether or not to continue the designation of the
investment adviser as a qualified investment adviser within 30
days of having information brought to its attention that the
investment adviser is no longer qualified or that a substantial
number of plan participants or beneficiaries raise concerns
about the services being provided by the investment adviser.
``(4) Any qualified investment adviser that acknowledges it is a
fiduciary pursuant to paragraph (3)(A)(ii) shall be deemed a fiduciary
under this part with respect to the provision of investment advice to a
plan participant or beneficiary.
``(5) Any recovery to the plan under section 409 as a result of a
fiduciary breach by a qualified investment adviser under this part
shall inure to the benefit of the individual accounts of the affected
plan participants or beneficiaries.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to advisers designated on or after the date of the
enactment of this Act. | Independent Investment Advice Act of 2001 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to deem to have satisfied certain requirements (provide a safe harbor for) retirement plan sponsors and fiduciaries who designate, according to specified criteria, and monitor investment advisers for workers managing their own retirement income assets. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Disparities Using Care
Models and Education Act of 2015''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The infant death rate among African-Americans is more
than double that of Whites.
(2) The death rate for all cancers is 30-percent higher for
African-Americans than for Whites; for prostate cancer, it is
more than double that for Whites.
(3) Black women have a higher death rate from breast cancer
despite having a mammography screening rate that is nearly the
same as the rate for White women.
(4) In 2013, Asian-Americans and Pacific Islanders were the
only racial group where cancer was the number one cause of
death. Asian-Americans have the lowest screening rates for
breast (64.1 percent), cervical (75.4 percent), and colorectal
(46.9 percent) cancer, compared to all other racial groups; the
cervical cancer rate for Vietnamese-American women is five
times higher than for non-Hispanic Whites.
(5) Diabetes incidence is highest among Native Americans,
at 15.9 percent, followed by 13.2 percent for African-
Americans, 12.8 percent for Hispanics, 9.0 percent for Asians,
and 7.6 percent for Whites. In 2012, the percentage of Native
Hawaiians and Pacific Islanders with diabetes was nearly two
times higher than that of Whites.
(6) New cases of hepatitis and tuberculosis are higher in
Asians and Pacific Islanders living in the United States than
in Whites. Half of all persons living with hepatitis B in the
United States are Asian-American.
(7) Individuals in same-sex couples were more likely than
individuals in different-sex couples to report a delay in
getting necessary prescriptions.
(8) Infants born to Black women are 1.5 to 3 times more
likely to die than those born to women of other races or
ethnicities, and American Indian and Alaska Native infants die
from sudden infant death syndrome (SIDS) at nearly 2.5 times
the rate of White infants.
(9) Low-income children have higher rates of mortality
(even with the same condition), have higher rates of
disability, and are more likely to have multiple conditions.
(10) White children are half as likely as Black and Latino
children not to be in excellent or very good health.
(11) As of 2012, 38.9 percent of United States adults were
obese, with the highest rate among African-Americans at 47.9
percent, followed by Hispanics at 42.5 percent, Whites at 32.6
percent, and Asians at 10.8 percent. Native Hawaiians and
Pacific Islanders are 30-percent more likely to be obese than
non-Hispanic Whites. Lack of disaggregated data among Asians
can mask differences in the burden of obesity among ethnic
groups.
(12) The risk of stroke is twice as high for African-
Americans as for Whites, and African-Americans are more likely
to die of stroke. Other ethnic minorities also have higher risk
than Whites. Overall, strokes are most prevalent in the
Southeast United States, and less so in the Northeast.
(13) African-Americans accounted for 44 percent of all
those infected with HIV, despite being only 12 percent of the
United States population.
(14) Black men who have sex with men (MSM) ages 13 to 24
had the most new infections among youth.
(15) Asian-Americans have the lowest rate of testing for
HIV, with only four in 10 having ever been tested; Asian-
American and Pacific Islander women have the lowest proportion
(17.2 percent) of having ever been tested for HIV compared to
other races.
(16) Globally, transgender women are 49 times more likely
to acquire HIV than the general population; in the United
States, transgender women are 34 times more likely than the
general population.
(17) One study found that among heterosexuals living in the
same urban community, those below the poverty line were twice
as likely to contract human immunodeficiency virus (HIV).
(18) Persons with less than a high school diploma (6.7
percent) and high school graduates (4.0 percent) were more
likely to report major depression than those with at least some
college education (2.5 percent).
(19) Only about 10 percent of physicians practice in rural
America despite the fact that nearly one-fourth of the
population lives in these areas.
(20) Rural residents are less likely to have employer-
provided health care coverage or prescription drug coverage,
and the rural poor are less likely to be covered by Medicaid
benefits than their urban counterparts.
(21) Twenty percent of nonmetropolitan counties lack mental
health services versus 5 percent of metropolitan counties.
(22) Forty-one percent of transgender people have reported
attempting suicide compared to 1.6 percent of the general
population.
(23) Fifteen percent of persons with disabilities report
not seeing a doctor due to cost in comparison to 6 percent of
the general population.
(24) Nineteen percent of transgender people have been
refused medical care because of their gender identity. Twenty-
eight percent have been harassed in a doctor's office.
(25) More than 20 percent of the United States population
speaks a language other than English at home. Among Asian-
Americans, 32 percent are limited English proficient, meaning
they speak English less than very well or not at all. Lack of
linguistically accessible care presents health access
challenges and can contribute to disparities for limited
English speakers.
SEC. 3. INSTITUTE OF MEDICINE STUDY.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall enter into an arrangement
with the Institute of Medicine under which the Institute agrees to
study--
(1) the extent of health disparities in the type and
quality of preventive interventions, health services, and
outcomes in all populations, including children, in the United
States;
(2) the factors that may contribute to inequities in such
disparities;
(3) existing programs and policies intended to reduce such
disparities;
(4) best practices and successful strategies in programs
that aim to reduce such disparities;
(5) priorities for successful intervention programs
targeting such disparities; and
(6) potential opportunities for expanding or replicating
such programs.
(b) Report.--The arrangement under subsection (a) shall provide for
submission by the Institute of Medicine to the Secretary and Congress,
not later than 20 months after the date of enactment of this Act, of a
report on the results of the study.
SEC. 4. GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF HEALTH
DISPARITIES REDUCTION PROGRAMS AND ACTIVITIES.
(a) Guidelines.--Not later than 90 days after the submission of the
report described in section 3(b), and taking such report into
consideration, the Secretary shall develop guidelines for entities to
develop and implement programs and activities to reduce health
disparities in all populations, including children.
(b) Use by HHS.--The Secretary shall, where appropriate,
incorporate the use of the guidelines developed under subsection (a)
into the programs and activities of the Department of Health and Human
Services.
(c) Grants for Disparities Reduction Activities.--
(1) In general.--The Secretary may award grants to entities
for the development and implementation of programs and
activities to reduce health disparities in all populations,
including children, in accordance with the guidelines described
in subsection (a).
(2) Applications.--To seek a grant under this subsection,
an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
(3) Minimum contents.--The Secretary shall require that an
application for a grant under this subsection contains at a
minimum--
(A) a description of the population and public
health concern the program will target and an outreach
plan to ensure that the most in need populations will
benefit;
(B) a description of the strategies the entity will
use--
(i) to develop and implement its programs
and activities in accordance with the
guidelines developed under subsection (a); and
(ii) to make the interventions sustainable;
and
(C) an agreement by the entities to periodically
provide data with respect to--
(i) the population served;
(ii) improvements in reducing health
disparities; and
(iii) effectiveness of the interventions
used.
(d) Appropriations.--To carry out this section, there are
authorized to be appropriated $5,000,000 for fiscal year 2017 and such
sums as may be necessary for each of fiscal years 2018 through 2021.
SEC. 5. TESTING ALTERNATIVE PAYMENT AND DELIVERY MODELS TO REDUCE
HEALTH DISPARITIES.
(a) In General.--The Secretary acting through the Centers for
Medicare and Medicaid Innovation under section 1115A of the Social
Security Act (42 U.S.C. 1315a) shall provide for the testing of a
payment and service delivery model that includes incentives for
reducing health disparities in all populations, including children,
consistent with the cost and quality criteria otherwise applicable to
the testing of models under such section.
(b) Documentation Requirement for Model Testing.--In carrying out
subsection (a), the Secretary shall require that an application to
conduct such testing of such a model include at least--
(1) documentation of at least one health disparity targeted
for reduction;
(2) a root-cause analysis of the health disparity targeted
for reduction;
(3) identification and selection of performance targets for
such reduction;
(4) a proposal to make payments in some way contingent on a
reduction in health disparities; and
(5) a reliable method for monitoring progress in achieving
such a reduction.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``health disparity'' means significant
disparity in the overall rate of disease incidence, prevalence,
morbidity, mortality, or survival rates in a population as
compared to the health status of the general population.
(2) The term ``intervention'' means an activity taken by an
entity on behalf of individuals or populations to reduce health
disparities.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services. | Reducing Disparities Using Care Models and Education Act of 2015 This bill requires the Department of Health and Human Services (HHS) to contract with the National Academy of Medicine (formerly known as the Institute of Medicine) to study health disparities, existing programs and policies intended to reduce disparities, and priorities for, and expansion of, programs targeting disparities. HHS must develop guidelines for entities to develop and implement programs to reduce health disparities. HHS must incorporate these guidelines into its activities. HHS may award grants for programs to reduce health disparities. The Innovation Center of the Centers for Medicare & Medicaid Services must test a payment and service delivery model that includes incentives for reducing health disparities. | billsum_train |
Create a condensed overview of the following text: SECTION 1. AMENDMENTS TO COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980.
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 is amended--
(1) by striking the last sentence of paragraph 101(20)(A);
and
(2) by inserting the following new paragraphs 101(20) (E)
and (F):
``(E)(i) The term `owner or operator' does not
include a person who, without participating in the
management of a vessel or facility, holds indicia of
ownership primarily to protect his or her security
interest in the vessel or facility.
``(ii) The term `indicia of ownership' means any
legal or equitable interest in property acquired
directly or indirectly--
(I) for the purpose of securing payment of
a loan or indebtedness, a right of
reimbursement or subrogation under a guaranty,
or the performance of another obligation,
(II) evidencing ownership under a lease
financing transaction where the lessor does not
initially select or ordinarily control the
daily operation or maintenance of the property,
or
(III) in the course of protecting a
security interest or right of reimbursement or
subrogation under a guaranty.
`Indicia of ownership' include evidence of interests in
mortgages, deeds of trust, liens, surety bonds,
guaranties, lease financing transactions where the
lessor does not initially select or ordinarily control
the daily operation or maintenance of the property,
other forms of encumbrances against property recognized
under applicable law as vesting the holder of the
security interest with some indicia of title, legal or
equitable title obtained at, or in lieu of,
foreclosure, and their equivalents. A person may, but
is not required to, hold title in property in order to
hold indicia of ownership in that property.
``(iii) A `holder of a security interest' is a
person who holds indicia of ownership in property
primarily to protect a security interest. A `holder of
a security interest' includes the initial holder (such
as a loan originator) and any subsequent holder (such
as a successor-in-interest or subsequent purchaser of
the security interest on the secondary market);
guarantor; lease financier or any successor where the
lessor does not initially select or ordinarily control
the daily operation or maintenance of the property; any
person who holds indicia or ownership primarily to
protect a security interest; or a receiver or other
person who acts on behalf or for the benefit of a
holder of a security interest.
``(iv) The term `security interest' means an
interest in property created or established for the
purpose of securing a loan, right of reimbursement or
subrogation under a guaranty, or other obligation or
constituting a lease financing transaction. Security
interests include mortgages, deeds of trust, liens,
lease financing transactions in which the lessor does
not initially select or ordinarily control the daily
operation or maintenance of the property, trust receipt
transactions, and their equivalents. Security interests
may also arise from transactions such as sales and
leasebacks, conditional sales, installment sales,
certain assignments, factoring agreements, accounts
receivable financing arrangements, and consignments, if
the transaction creates or establishes an interest in
property for the purpose of securing a loan, right of
reimbursement or subrogation under a guaranty or other
obligation.
``(v) The term `participating in the management of
property' means actual participation in the management
or operational affairs of the property by the holder,
and does not include the mere capacity to influence, or
ability to influence, or the unexercised right to
control facility operations. A holder is participating
in management while the borrower is still in possession
of the property encumbered by the security interest,
only if the holder either--
``(I) exercises decisionmaking control over
the borrower's environmental compliance, such
that the holder has undertaken responsibility
for the borrower's solid waste handling or
disposal practices; or
``(II) exercises control at a level
comparable to that of a manager of the
borrower's enterprise, such that the holder has
assumed or manifested responsibility for the
overall management of the enterprise
encompassing the day-to-day decisionmaking of
the enterprise with respect to--
``(aa) environmental compliance; or
``(bb) all, or substantially all,
of the operational (as opposed to
financial or administrative) aspects of
the enterprise other than environmental
compliance. Operational aspects of the
enterprise include functions such as
that of facility or plant manager,
operations manager, chief operating
officer, or chief executive officer.
Financial or administrative aspects
include functions such as that of
credit manager, personnel manager,
controller, chief financial officer, or
similar functions.
``(vi) The term `primarily to protect a security
interest' includes indicia of ownership acquired as a
consequence of having or exercising rights as a holder
of a security interest where the same is necessary or
appropriate to protect the security interest, to
provide for compliance with laws, to preserve the value
of the property or benefits therefrom, or to recover a
loan, indebtedness or right of reimbursement or
subrogation under a guaranty or to redress any other
obligation secured by such interest or to recover
property subject to a finance lease. A holder of a
security interest who directly or indirectly acquires
full title or a right to title or possession of such
property upon default under the security interest, or
at, or in lieu of, foreclosure, or, in the case of a
finance lease, upon expiration, cancellation, or
termination of such lease, shall continue to hold
indicia of ownership primarily to protect a security
interest so long as such holder is diligently
proceeding to sell or convey title or the right to
title or to re-lease such property on commercially
reasonable terms at the earliest possible time, while
preserving the property in the interim.
``(vii) The term `property' means real and personal
property and includes facilities, storage tanks,
equipment, vessels, vehicles, and other modes of
transportation whether by sea, land, or air.
``(viii)(I) The term `guarantor' includes
guarantors and sureties of security interests,
securities, and other obligations, issuers of letters
of credit and other credit enhancements, title
insurers, and entities which directly or indirectly
acquire indicia of ownership in the course of
protecting a security interest or acting as such
guarantors, sureties, issuers of letters of credit or
other credit enhancements or title insurers, and the
term `guaranty' includes guaranties, surety bonds,
title insurance policies, letters of credit and other
credit enhancements, and other agreements with a
guarantor relating to the obligations described in this
subclause (I).
``(II) `Directly or indirectly' includes any
interest in property, security interest, indicia of
ownership title, or right to title held or acquired by
a fiduciary or similar entity for the benefit of a
holder of a security interest.
``(ix) The terms `borrower', `debtor', and
`obligor' mean a person whose property is encumbered by
a security interest and includes a lessee under a lease
financing transaction.
``(x) Actions taken by a holder of a security
interest to foreclose, sell, liquidate, release or
otherwise divest or cause the transfer of property
subject to a security interest; or preserve or protect
the value of such property; or otherwise to exercise
rights of a holder of a security interest specified in
subparagraph (v) above; or to assist the borrower,
debtor, obligor, or lessee in winding down its
operations or activities related to such property; or
to abandon or release the property prior to foreclosure
or its equivalents; or to require or conduct response
action on, or relating to, the property; shall not be
deemed `participating in the management of property'
within the meaning of this subsection (101)(20)(E).
Completion of an environmental inspection or evaluation
consistent with good commercial or customary practice
by or for the use of a holder of a security interest is
probative evidence that a holder of a security interest
is acting to preserve and protect the property during
the time the holder of a security interest may have
possession or control of such property, except that
this Act does not require a holder of a security
interest to conduct nor does it require any
environmental inspection or evaluation to qualify for
this exemption.
``(xi) A holder of a security interest who, in
taking actions referred to in subparagraph (x) above
respecting property, actively and directly causes or
exacerbates a release of a hazardous waste for which a
Federal or an authorized State government determines
that response action is necessary, shall be liable for
the cost of such response action to the extent only
that the release is directly attributable to such
holder's activities, except that such a holder shall
not be liable for response action costs arising from a
release which commences before and continues after such
holder takes any action referred to in subparagraph (x)
above.
``(F)(i) The term `fiduciary' means any entity
which is considered a fiduciary under section 3(21) of
the Employee Retirement Income Security Act of 1974, as
amended from time to time, or who is acting as trustee,
executor, administrator, custodian, guardian of
estates, conservator, committee of estates of disabled
persons, personal representative, receiver, agent,
nominee or in any other fiduciary capacity for the
benefit of another entity.
``(ii) A fiduciary who acquires ownership or
control of property without having owned, operated, or
participated in the management of that property prior
to assuming ownership or control as fiduciary, other
than for the benefit of a holder of a security
interest, shall not be an `owner' or `operator' under
this Act.
``(iii) Such a fiduciary who willfully, knowingly,
or recklessly causes (in a direct and active manner) a
release of a hazardous substance, for which a Federal
or an authorized State government determines that
response action is necessary, shall be liable for the
cost of such response action to the extent only that
the release is directly attributable to the fiduciary's
activities, except that such a fiduciary shall not be
liable for response action costs arising from a release
which commences before and continues after such
fiduciary acquires ownership or control of the
property.
``(iv) Nothing in this subsection shall prevent
claims against the assets that constitute the estate
held by the fiduciary or the filling of actions against
the fiduciary in its representative capacity.
SEC. 2. AMENDMENTS TO SOLID WASTE DISPOSAL ACT.
The Solid Waste Disposal Act is amended--
(1) by adding at the end of section 1004 the following
paragraph:
``(41) The terms `owner', `operator', `generator',
`transporter', and `person' do not include any entity which
would not be an `owner' or `operator' within the meaning of
paragraphs 101(20) (E) or (F) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980.'';
(2) by adding at the end of paragraph 9003(h)(a) the
following sentence: ``This definition shall be construed to be
parallel to the provisions of paragraph 101(20)(E) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980.'', and
(3) by adding at the end of section 3006 the following
subsection:
``(i) Amendments Made by 1993 Act.--The provisions of section
1004(41) of this Act shall apply in each State having an interim or
finally authorized State program to the same extent that such
provisions apply in other States.''.
SEC. 3. SCOPE OF APPLICATION.
The provisions of this Act shall apply to--
(1) all indicia of ownership acquired prior to the date of
enactment that are held primarily to protect a security
interest in property; and
(2) each fiduciary with respect to any property acquired by
the fiduciary prior to the date of enactment. | Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude from the definition of "owner or operator," for purposes of limiting liability for releases of hazardous substances, a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect a security interest in such vessel or facility. Defines "indicia of ownership" as an interest in property acquired: (1) for securing payment of a loan or indebtedness or the performance of an obligation; (2) evidencing ownership under a lease financing transaction where the lessor does not initially select or ordinarily control the daily operation or maintenance of the property; or (3) in the course of protecting a security interest or right of reimbursement or subrogation under a guaranty.
Makes liable for any release or threatened release of a hazardous substance attributable to their activities: (1) a holder of a security interest who takes certain actions concerning transfer, protection, or abandonment of property; and (2) a fiduciary or trustee who acquires ownership or control of a property.
Makes conforming amendments to the Solid Waste Disposal Act. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pups for Patriots Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Department of Veterans Affairs about
11 to 20 of every 100 veterans (11 to 20 percent) who served in
Operation Iraqi Freedom or in Operation Enduring Freedom are
diagnosed with post-traumatic stress.
(2) The invisible wounds of war, including post-traumatic
stress, can cause debilitating symptoms in veterans leading to
depression, social isolation, and suicide.
(3) Studies and first-hand accounts demonstrate that
service dogs provide support to veterans by mitigating their
disability, allowing for professional and social reintegration.
(4) Service dogs reduce stress and anxiety levels, ease
depression, provide comfort, and restore confidence in affected
veterans.
(5) Currently, waiting lists for service dogs average
between 18 and 24 months, with intensive compulsory training
costing an average of $25,000 per service dog.
(6) The estimated cost of owning a service dog once adopted
is $1,200 to $1,600 per year for food, supplies, and general
veterinary health care.
SEC. 3. PILOT PROGRAM.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a pilot program under which the Secretary shall--
(1) enter into contracts with qualified nonprofit
organizations for the provision of service dogs to eligible
veterans, including the procurement, training, and evaluation
of each such service dog;
(2) ensure that each dog provided as a service dog under
the program meets the standards described in section 4(b); and
(3) provide veterinary insurance for each service dog
provided to an eligible veteran pursuant to such a contract.
(b) Eligible Veterans.--In this section, an eligible veteran is a
veteran who--
(1) served on active duty in the Armed Forces on or after
September 11, 2001;
(2) has been diagnosed with severe or extreme post-
traumatic stress or with a severe traumatic brain injury by a
Department of Veterans Affairs doctor or clinical social worker
who has treated the veteran;
(3) has received evidence-based treatment and remains
symptomatic of severe or extreme post-traumatic stress or
severe traumatic brain injury, as determined by the Secretary
or a Department doctor or clinical social worker; and
(4) commits to an evaluation by a Department doctor or
clinical social worker at a minimum of two times per year.
(c) Relationship to Other Benefits.--A service dog provided to a
veteran pursuant to a contract under the pilot program shall be in
addition to all other benefits and services for which the veteran is
eligible under the laws administered by the Secretary of Veterans
Affairs.
(d) Qualified Nonprofit Organizations.--For purposes of the pilot
program under this section, a qualified nonprofit organization is a
nonprofit organization that the Secretary determines adheres to the
national standards for the selection, training, and assessment of
service dogs for veterans described in section 4(b).
(e) Annual Reports to Congress.--Not later than one year after the
date on which the pilot program commences, and annually thereafter
until the termination of the pilot program, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the pilot program. Each such report shall
include an evaluation of the pilot program based on--
(1) an update on the nonprofit organizations with which the
Secretary has entered into a contract;
(2) summaries from the Department doctors and clinical
social workers who are evaluating the eligible veterans who
receive service dogs under the pilot program; and
(3) an analysis of each eligible veteran's ability to
professionally and socially reintegrate, to reduce dependence
on prescriptive medications, and on relevant metrics pertaining
to the veteran's diagnosis of a mental health mobility disorder
related to post-traumatic stress or a traumatic brain injury.
(f) Limitation on Payment of Expenses.--The contract between the
Secretary and a qualified nonprofit organization under this section
shall not provide for a payment to the organization in an amount in
excess of $25,000 for each service dog provided under the contract,
including the procurement, training, and evaluation of the service dog.
(g) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2018 through 2023 $7,500,000 to
carry out the pilot program.
(h) Offset.--The amounts otherwise authorized to be appropriated
for the Department of Veterans Affairs Office of Human Resources and
Administration for each of fiscal years 2018 through 2023 shall be
reduced by $7,500,000.
(i) Termination.--The authority of the Secretary to enter into a
contract under this section shall terminate on the date that is five
years after the date of enactment of this Act.
SEC. 4. NATIONAL STANDARDS FOR SELECTION, TRAINING, AND ASSESSMENT OF
SERVICE DOGS.
(a) Findings.--Congress makes the following findings:
(1) At a convening facilitated by the National Association
of Veteran-Serving Organizations, a scientific advisory
committee was formed and developed national standards on the
selection, training, and assessment of service dogs to enhance
public safety, the humane treatment of service dogs, and
reliable task performance for veterans.
(2) The national standards are publically available and may
be subject to revision following a sample study and an annual
review by the scientific advisory committee.
(b) Standards.--The national standards for selection, training, and
assessment of service dogs described in this section are the following:
(1) With respect to canine breed and size, service dogs
should not be restricted by breed or size as the needs of
individual veterans vary according to mobility and lifestyle.
(2) With respect to canine selection and health--
(A) breeds and lines within the breed should be
evaluated to ensure a long service life for a working
animal;
(B) service dog candidates should have a thorough
examination performed by a veterinarian;
(C) examinations should include radiography of the
hips and elbows as a predictor of future joint and
arthritic issues, and vision and hearing tests;
(D) service dogs should receive regular wellness
exams and vaccinations as recommended by a
veterinarian, be on year-round internal and external
parasite control; and be spayed or neutered; and
(E) service dog candidates should have a stable,
calm temperament.
(3) With respect to canine training tasks, service dogs
should be able to perform a minimum of two tasks that directly
relate to the veteran's disability.
(4) With respect to canine training methods and equipment--
(A) service dogs should perform tasks with alacrity
and show a desire to work;
(B) training equipment used must be appropriate for
the breed and dog, fitted, and used correctly; and
(C) electronic collars are not acceptable as a
humane training tool.
(5) With respect to handler training--
(A) handlers should be educated on the fundamentals
of dog care and the humane treatment of animals,
including health care, nutritious diet, regular
exercise, and the absence of physical pain and stress;
and
(B) handlers must be educated on legal rights
according to the Americans with Disabilities Act, Air
Carrier Access Act, and Fair Housing Act, among others.
(6) With respect to service dog assessments, service dogs
and their respective veterans should be observed in action in a
public settings that provide common distractions such as food,
noise, crowds, and other animals.
(7) With respect to the background and role of an
assessor--
(A) an assessor should support and coach the
veteran to successfully partner with the veteran's
service dog;
(B) an assessor should have a background in service
dog training and evaluation and be experienced in
working with persons with post-traumatic stress; and
(C) an assessor should evaluate whether the service
dog is temperamentally suitable for the work as a
service dog.
(c) Service Dog Credential.--The Secretary of Veterans Affairs
shall issue to an eligible veteran who is provided a service dog under
the pilot program under section 3 with a national service dog
credential if the veteran provides to the Secretary each of the
following:
(1) A certificate that the veteran has successfully
completed an assessment that meets the criteria under
subsection (b)(6).
(2) Proof of a diagnosis, as described in section 3(b)(2),
from a Department doctor or clinical social worker.
(3) A note from a Department doctor or clinical social
worker that includes a recommendation that the veteran have a
service dog.
(4) A copy of the vaccination records of the veteran's
service dog and a note from the veterinarian who has treated
the service dog affirming that the dog is healthy enough to be
a service dog.
(5) A list of tasks prepared by whom that the service dog
is able to perform that are directly related to the veteran's
diagnosis as determined by the Department doctor or clinical
social worker who made the veteran's diagnosis. | Pups for Patriots Act of 2017 This bill directs the Department of Veterans Affairs (VA) to carry out a pilot program under which it shall enter into contracts with qualified nonprofit organizations to provide service dogs to eligible veterans who: served on active duty in the Armed Forces on or after September 11, 2001, have been diagnosed with severe or extreme post-traumatic stress or with a severe traumatic brain injury by a VA doctor or clinical social worker, have received evidence-based treatment and remains symptomatic of severe or extreme post-traumatic stress or severe traumatic brain injury, and commit to an evaluation by a VA doctor or social worker at least twice a year. A qualified nonprofit organization is a nonprofit organization that adheres to prescribed national standards for the selection, training, and assessment of service dogs for veterans. Such program must also furnish veterinary insurance for each such service dog. The VA shall issue to a veteran to whom a service dog is provided a national service dog credential if the veteran furnishes certain documents to the VA. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Security Act of 1996''.
SEC. 2. ENHANCED SECURITY PROGRAMS.
(a) In General.--Chapter 449 of title 49, United States Code, is
amended by adding at the end of subchapter I the following new
sections:
``Sec. 44916. Enhancement of aviation security
``(a) In General.--The Secretary of Transportation (hereafter in
this section referred to as the `Secretary'), in consultation with the
Administrator of the Federal Aviation Administration (hereafter in this
section referred to as the `Administrator') and other appropriate
officials of the Federal Aviation Administration, shall provide for the
enhancement of aviation security programs under the jurisdiction of the
Federal Aviation Administration in accordance with this section.
``(b) Improvements in the Examination of Cargo and Checked
Baggage.--The Secretary, in consultation with the Administrator,
shall--
``(1) review applicable procedures and requirements
relating to the security issues concerning screening and
examination of cargo and checked baggage to be placed on
flights involving intrastate, interstate, or foreign air
transportation that are in effect at the time of the review;
and
``(2) on the basis of that review, develop and implement
procedures and requirements that are more stringent than those
referred to in paragraph (1) for the screening and examination
of cargo and checked baggage to be placed on flights referred
to in that subparagraph, including procedures that ensure that
only personnel with unescorted access privileges have
unescorted access at the airport to--
``(A) an aircraft;
``(B) cargo or checked baggage that is loaded onto
an aircraft;
``(C) a cargo hold on an aircraft before passengers
are loaded and after passengers debark;
``(D) an aircraft servicing area; or
``(E) a secured area of an airport.
``(c) Profiles for Risk Assessment and Risk Reduction Measures.--
``(1) In general.--The Secretary, in consultation with the
Administrator and appropriate officials of other Federal
agencies, shall develop and implement, a methodology to profile
the types of passengers, cargo, and air transportation that
present, or are most susceptible to, a significant degree of
risk with respect to aviation security.
``(2) Risk reduction measures.--In addition to developing
the methodology for profiles under paragraph (1), the
Secretary, in consultation with the Administrator, shall
develop and implement measures to address sources that
contribute to a significant degree of risk with respect to
aviation security, including improved methods for matching and
searching luggage or other cargo.
``(d) Explosive Detection.--
``(1) In general.--The Secretary and the Administrator, in
accordance with this section, and section 44913, shall ensure
the deployment, by not later than the date specified in
subsection (j), of explosive detection equipment that
incorporates the best available technology for explosive
detection in airports--
``(A) selected by the Secretary on the basis of
risk assessments; and
``(B) covered under the plan under paragraph (2).
``(2) Plan.--The deployment of explosive detection
equipment under paragraph (1) shall be carried out in
accordance with a plan prepared by the Secretary, in
consultation with the Administrator and other appropriate
officials of the Federal Government, to expedite the
installation and deployment of that equipment.
``(3) Report.--
``(A) In general.--Not later than 1 year after the
date of enactment of this section, and annually
thereafter, the Secretary shall submit to the Speaker
of the House of Representatives and the President pro tempore of the
Senate a report on the deployment of explosive detection devices
pursuant to the plan developed under paragraph (2).
``(B) Treatment of classified information.--No
officer or employee of the Federal Government
(including any Member of Congress) may disclose to any
person other than another official of the Federal
Government in accordance with applicable Federal law,
any information in the report under subparagraph (A)
that is classified.
``(e) Enhanced Screening of Personnel.--
``(1) In general.--The Secretary, in consultation with the
Administrator, shall establish a program for enhancing the
screening of personnel of air carriers or contractors of air
carriers (or subcontractors thereof) who--
``(A) in the course of their employment have--
``(i) unescorted access privileges to--
``(I) an aircraft;
``(II) cargo or checked baggage
that is loaded onto an aircraft;
``(III) a cargo hold on an
aircraft; or
``(IV) an aircraft servicing area;
or
``(ii) security responsibilities that
affect the access and passage of passengers or
cargo in aircraft referred to in subparagraph
(A); and
``(B) any immediate supervisor of an individual
referred to in subparagraph (A).
``(2) Training.--
``(A) In general.--The Secretary, in consultation
with the Administrator, shall--
``(i) review regulations and standards
relating to the training of personnel referred
to in paragraph (1) that are in effect at the
time of the review; and
``(ii) on the basis of that review,
prescribe such regulations and standards
relating to minimum standards for training and
certification as the Secretary determines to be
appropriate.
``(B) Prohibition.--The fact that an individual
received training in accordance with this paragraph may
not be used as a defense in any action involving the
negligence or intentional wrongdoing of that individual
in carrying out airline security or in the conduct of
intrastate, interstate, or foreign air transportation.
``(f) Performance-Based Measures.--The Secretary, in consultation
with the Administrator, shall--
``(1) develop and implement, by the date specified in
subsection (j), performance-based measures for all security
functions covered under this section that are carried out by
personnel referred to in subsection (e)(1); and
``(2) require that air carriers and owners or operators of
airports that provide intrastate, interstate, or foreign air
transportation ensure that those measures are carried out.
``(g) Security Checks.--
``(1) In general.--The Secretary, in consultation with the
Administrator and other appropriate officers and employees of
the Federal Government, shall, require comprehensive employment
investigations to be conducted for any individual that is
employed, or commences employment, in a position described in
subsection (e)(1).
``(2) Criminal history check.--The employment
investigations referred to in paragraph (1) shall include
criminal history checks. Notwithstanding any other provision of
law, a criminal history check may cover a period longer than
the 10-year period immediately preceding--
``(A) the initial date of employment of an
individual by an employer; or
``(B) the date on which a criminal history check is
conducted for an applicant for employment.
``(h) Administrative Actions.--
``(1) In general.--The Secretary, in consultation with the
Administrator, shall, as appropriate, specify appropriate
administrative actions or violations of this section or the
regulations prescribed under this section.
``(2) Orders.--The administrative actions referred to in
paragraph (1) may include an order by the Secretary requiring,
in accordance with applicable requirements of this subtitle and
any other applicable law--
``(A) the closure of an airport gate or area that
the Secretary determines, on the basis of a risk
assessment or inspection conducted under this section,
should be secured in accordance with applicable
requirements of this subtitle; or
``(B) the cancellation of a flight in intrastate,
interstate, or foreign air transportation.
``(3) Notification.--If the Secretary carries out an
administrative action under this subsection, the Secretary
shall provide public notice of that action, except in any case
in which the President determines that the disclosure of that
information would not be in the national security or foreign
policy interest of the United States.
``(i) Audits and Evaluations.--
``(1) In general.--The Secretary shall require each air
carrier and airport that provides for intrastate, interstate,
or foreign air transportation to conduct periodic audits and
evaluations of the security systems of that air carrier or
airport.
``(2) Reports.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, each air
carrier and airport referred to in paragraph (1) shall submit
to the Secretary a report on the audits and evaluations
conducted by the air carrier or airport under this subsection.
``(3) Investigations.--The Secretary, in consultation with
the Administrator, shall conduct periodic and unannounced
inspections of security systems of airports and air carriers to
determine whether the air carriers and airports are in
compliance with the performance-based measures developed under
subsection (f). To the extent allowable by law, the Secretary
may provide for anonymous tests of the security systems
referred to in the preceding sentence.
``(j) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary, in consultation with the
Administrator and appropriate officers and employees of other Federal
agencies, shall prescribe and implement such regulations as are
necessary to carry out this section.
``(k) Modification of Existing Programs.--If the Secretary or the
Administrator determines that a modification of a program in existence
on the date specified in subsection (j) could be accomplished without
prescribing regulations to meet the requirements of this section, the
Secretary or the Administrator may make that modification in lieu of
prescribing a regulation.
``Sec. 44917. Support for families of victims of transportation
disasters
``(a) In General.--
``(1) Establishment.--The President shall establish, within
an appropriate Federal agency, an office to be known as the
Office of Family Advocate.
``(2) Standards of conduct.--
``(A) In general.--The head of the Federal agency
specified in paragraph (1) (hereafter in this section
referred to as the ``agency head''), acting through the
Office of Family Advocate, shall develop standards of
conduct for informing and supporting families of
victims of accidents in air commerce and other
transportation accidents involving any other form of
transportation that is subject to the jurisdiction of
the Department of Transportation.
``(B) Consultation.--In developing the standards
under this paragraph, the agency head shall consult
with--
``(i) appropriate officers and employees of
other Federal agencies;
``(ii) representatives of families of
victims of accidents in air commerce and other
transportation accidents referred to in
subparagraph (A);
``(iii) individuals who are experts in
psychology and trauma counseling; and
``(iv) representatives of air carriers.
``(3) Third party involvement.--
``(A) In general.--The agency head, acting through
the Office of Family Advocate, shall provide for
counseling, support, and protection for the families of
victims of transportation accidents referred to in
paragraph (2)(A) by--
``(i) consulting with a nongovernmental
organization that the agency head determines to
have appropriate experience and expertise; and
``(ii) if appropriate, entering into an
agreement with a nongovernmental organization
or the head of another appropriate Federal
agency (including the Director of the Federal
Emergency Management Agency) to provide those
services.
``(b) Passenger Information.--
``(1) In general.--The Secretary of Transportation
(hereafter in this section referred to as the `Secretary')
shall require each air carrier that provides intrastate,
interstate, or foreign air transportation to obtain, at the
time of purchase of passage, from each passenger that purchases
passage on a flight--
``(A) the full name, address, and daytime and
evening telephone numbers of the passenger; and
``(B) the full name and daytime and evening
telephone numbers of a contact person designated by the
passenger.
``(2) Requirement for air carriers.--
``(A) In general.--The Secretary shall require each
air carrier that provides intrastate, interstate, or
foreign air transportation to provide the information
obtained for a flight under paragraph (1) only--
``(i) in the event of an accident in air
commerce in which a serious injury or crime (as
determined by the Secretary) or death occurs;
and
``(ii) in accordance with section 552a of
title 5, United States Code.
``(B) Provision of information.--In the event of an
accident in air commerce described in subparagraph (A),
if the flight involves--
``(i) intrastate or interstate air
transportation, the air carrier shall provide
the information required to be submitted under
subparagraph (A) not later than 3 hours after
the accident occurs; or
``(ii) foreign air transportation, the air
carrier shall provide such information not
later than 4 hours after the accident occurs.
``Sec. 44918 Exemption; fees
``(a) Exemption.--The regulations issued under sections 44916 and
44917 shall be exempt from any requirement for a cost-benefit analysis
under chapter 8 of title 5, United States Code, or any other provision
of Federal law.
``(b) Fees.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall determine, and adjust on an annual basis, a fee that
shall be assessed against each individual who purchases passage
on a flight in intrastate, interstate, or foreign air
transportation that is based on the estimated cost of carrying
out sections 44916 and 44917.
``(2) Limitation on amount.--The amount of a fee assessed
under this subsection shall not exceed $2 per flight, per
passenger.
``(3) Aviation security account.--
``(A) In general.--There shall be established
within the Treasury of the United States, an Aviation
Security Account. The fees collected under this
subsection shall be deposited into that account.
``(B) Use of funds in account.--The Secretary of
the Treasury shall make the funds in the account
available only to--
``(i) the Secretary of Transportation for
use by the Secretary in accordance with section
44916; and
``(ii) the agency head specified by the
President under section 44917, for use by that
agency head in accordance with that section.''.
(b) Employment Investigations and Restrictions.--Section
44936(b)(1)(B) of title 49, United States Code, is amended by striking
``, in the 10-year period ending on the date of the investigation,''.
(c) Conforming Amendment.--The analysis for subchapter I of chapter
449 of title 49, United States Code, is amended by adding at the end
the following new items:
``44916. Enhancement of aviation security.
``44917. Support for families of victims of transportation disasters.
``44918. Exemption; fees.''. | Aviation Security Act of 1996 - Amends Federal aviation law to direct the Secretary of Transportation to provide for the enhancement of Federal Aviation Administration (FAA) aviation security programs, including: (1) the development of more stringent procedures for the screening of cargo and checked baggage; (2) the development of a methodology to profile the types of passengers, cargo, and air transportation that present a significant degree of risk to aviation security, including improved methods for matching and searching luggage or other cargo; (3) the deployment of explosive detection equipment in airports; (4) the establishment of a program for enhancing the screening and training of air carrier personnel (and subcontractors), including requiring employment security and criminal history checks on such personnel; and (5) the development of performance-based measures for all security functions covered by this Act.
Directs the President to establish, within the appropriate Federal agency, the Office of Family Advocate, which shall develop standards of conduct for informing and supporting families of victims of aircraft accidents.
Directs the Secretary to assess a fee against each airline passenger, which shall be deposited into a new Aviation Security Account, established by this Act to fund aviation security enhancement activities. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forest Service
Partnership Enhancement Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Authority for agreements.
Sec. 5. Cost sharing.
Sec. 6. Funds.
Sec. 7. Watershed restoration and enhancement agreements.
Sec. 8. Repeal of superseded authorities.
Sec. 9. Regulations.
Sec. 10. Agreements otherwise authorized by law.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Forest Service, managing national forests and
grasslands covering 192,000,000 acres, plays an integral role
in the protection, enhancement, and conservation of the natural
resources of the United States.
(2) The Forest Service has a long history of successful
cooperation with non-Federal entities in fulfilling all mission
areas and responsibilities of the Forest Service.
(3) By expanding and clarifying Forest Service authorities
to work with cooperators, the Forest Service can improve the
ability of the Forest Service to administer National Forest
System lands by increasing local community involvement in
collaborative restoration and building the capacity of rural
public land communities in fulfilling the Forest Service's
mission.
(4) The Forest Service can benefit from maximizing use of
existing authorities and establishing new authority to improve
local community involvement in, and support of, fulfilling the
Forest Service's mission.
(5) Encouraging conservation education will increase public
awareness of Forest Service programs and activities, will
heighten public understanding of the need to sustain natural
and cultural resources, and will promote public participation
in the conservation of these resources.
(6) Encouraging partnerships with public land communities
will expedite the implementation of priority restoration
projects on National Forest System lands.
(b) Purposes.--The purposes of this Act are--
(1) to encourage agreements between the Forest Service and
cooperators to promote public awareness and participation in
the restoration and management of the resources and programs of
the Forest Service;
(2) to affirm Congress' support for agreements between the
Forest Service and cooperators that further the Forest
Service's mission by assisting the Forest Service in the
administration of all Forest Service programs;
(3) to clarify and create additional authority for the
Forest Service to work with cooperators; and
(4) to leverage Forest Service resources with the resources
of cooperators.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cooperator.--The term ``cooperator'' means any Federal
agency, State, local, or Tribal government, public or private
agency, nonprofit organization, institution (including
educational institution), small and local business,
corporation, or other legal entity within the United States, or
individual.
(2) National forest system lands.--The term ``National
Forest System lands'' means lands included in the National
Forest System (as defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means any organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
SEC. 4. AUTHORITY FOR AGREEMENTS.
(a) In General.--Notwithstanding chapter 63 of title 31, United
States Code (except as provided in subsection (c)), the Secretary may
enter into--
(1) agreements with cooperators for the mutual benefit of
the parties, including cost share agreements for sharing costs
of activities or services otherwise authorized by law,
including obtaining printing services from cooperators in
connection with jointly produced publications for which the
Secretary and the cooperator share the costs of printing,
either by means of cash or in kind contributions; and
(2) agreements with cooperators, for the mutual benefit of
the parties, for--
(A) developing, producing, publishing,
distributing, or selling education and interpretive
materials and products;
(B) developing, conducting, or selling educational
and interpretive programs and services;
(C) constructing, maintaining, or improving
facilities not under the jurisdiction, custody, or
control of the Administrator of General Services on or
in the vicinity of National Forest System lands for the
sale or distribution of educational and interpretive
materials, products, programs, and services;
(D) operating facilities (including providing the
services of Forest Service employees to staff
facilities) in or on any public or private building,
facility, or land not under the jurisdiction, custody,
or control of the Administrator of General Services for
the sale or distribution of educational materials,
products, programs, and services, pertaining to
National Forest System lands, private lands and lands
administered by other public entities;
(E) selling health and safety convenience products,
photography supplies, or other similar items (as
determined by the Secretary) on or in the vicinity of
National Forest System lands;
(F) collecting funds from the sale of materials,
products, programs, and services on behalf of
cooperators; and
(G) restoring and maintaining ecological integrity
and biodiversity of National Forest System lands.
(b) Terms and Conditions.--The Secretary shall require such terms
and conditions as are necessary to protect the public investments,
including terms related to ownership of facilities or improvements, and
such additional terms and conditions as are mutually agreed to by the
Secretary and the cooperator.
(c) Limitation.--The Secretary may not enter into an agreement
under this section where a procurement contract, grant, or cooperative
agreement under chapter 63 of title 31, United States Code, would be
appropriate.
SEC. 5. COST SHARING.
(a) Sharing of Costs.--The manner in which costs shall be shared
between the Secretary and a cooperator, including acceptance of in-kind
contributions, shall be provided for in the agreement entered into with
the cooperator under section 4. The Secretary shall issue guidance for
cost sharing with cooperators.
(b) Treatment of Contributions of Volunteers.--The value of
services performed by persons who volunteer their services to the
Forest Service and who are recruited, trained, and supported by a
cooperator under an agreement under section 4 may be considered an in-
kind contribution of the cooperator for purposes of cost sharing under
subsection (a)
SEC. 6. FUNDS.
(a) Deposit of Funds.--Except as provided in subsection (b), all
monies received from a cooperator as contributions toward cooperative
activities under an agreement entered into under section 4 shall be--
(1) deposited in the Forest Service Cooperative Work Trust
Fund established pursuant to the penultimate paragraph under
the heading ``forest service'' in the Act of June 30, 1914 (16
U.S.C. 498), or the successor of that fund; and
(2) available to the Secretary, without further
appropriation and until expended, to carry out the agreement.
(b) Funds Collected.--Funds collected under an agreement entered
into under section 4 from the sale of materials, products, programs,
and services on behalf of a cooperators, as authorized by subsection
(a)(2)(F) of such section, are not the property of the United States,
and the Secretary shall forward such funds to the cooperator.
(c) Advancement or Reimbursement of Funds.--In an agreement entered
into under section 4, the Secretary may advance or reimburse funds to a
cooperator from any Forest Service appropriation available for similar
work without regard to the provisions of subsection (a) and (b) of
section 3324 of title 31, United States Code, and may furnish or share
supplies, facilities, or equipment. The Secretary may advance funds
under this subsection only when the advancement represents the
Secretary's share of costs of activities or services under the
agreement and the cooperator is not obligated to reimburse the
Secretary.
SEC. 7. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
(a) In General.--Notwithstanding chapter 63 of title 31, United
States Code, to the extent funds are otherwise available, the Secretary
may use appropriations for the Forest Service to enter into cooperative
agreements with an eligible entity to carry out activities on National
Forest System lands or non-Federal lands within a watershed for the
following purposes:
(1) The protection, restoration, and enhancement of
resources, including fish and wildlife habitat.
(2) The reduction of risk from natural disasters where
public safety is threatened.
(b) Terms and Conditions.--
(1) Required terms.--In order for the Secretary to enter
into a watershed restoration and enhancement agreement
authorized in subsection (a), the agreement shall--
(A) include such terms and conditions mutually
agreed to by the Secretary and other parties to the
agreement;
(B) improve the viability of and otherwise benefit
the fish, wildlife, and other resources on National
Forest System lands within the watershed;
(C) authorize the provision of technical assistance
by the Secretary in the planning of management
activities that will further the purposes of the
agreement;
(D) provide for the sharing of costs of
implementing the agreement among the parties to the
agreement, as mutually agreed on by the parties;
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the
Secretary to be in the public interest; and
(2) Additional terms.--The Secretary may include such
additional terms and conditions in the watershed restoration
and enhancement agreement as the Secretary considers necessary
to protect the public investment on non-Federal land, so long
as the terms and conditions are mutually agreed to by the other
parties to the agreement.
(c) Activities on Non-Federal Land.--Activities on non-Federal land
provided for under an agreement under this section must benefit
resources on National Forest System lands or non-Federal lands so as to
provide a direct or indirect benefit to resources on National Forest
System lands.
(d) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a Federal agency;
(2) a Tribal, State or local government;
(3) a private individual or organization; or
(4) a nonprofit organization.
SEC. 8. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Educational Materials and Challenge Cost-Share Program.--The
thirteenth paragraph under the heading ``administrative provisions,
forest service'' in title II of the Department of the Interior and
Related Agencies Appropriations Act, 1992 (Public Law 102-154; 105
Stat. 1018; 31 U.S.C. 6305 note), is repealed.
(b) Watershed Restoration and Enhancement Agreements.--Section 323
of the Department of the Interior and Related Agencies Appropriations
Act, 1999 (as contained in section 101(e) of division A of Public Law
105-277; 112 Stat. 2681-290; 16 U.S.C. 1011 note).
SEC. 9. REGULATIONS.
The Secretary shall issue such regulations as may be necessary to
accomplish the purposes of this Act.
SEC. 10. AGREEMENTS OTHERWISE AUTHORIZED BY LAW.
Except in the case of the provisions of law repealed by section 8,
the authorities provided to the Secretary in this Act are in addition
to the authorities provided in any other provision of law, and nothing
in this Act shall be construed as limiting or modifying the authority
of the Secretary to enter into agreements otherwise authorized by law. | Forest Service Partnership Enhancement Act of 2005 - Authorizes the Secretary of Agriculture, acting through the Chief of the Forest Service, in connection with the administration of specified Forest Service activities on and near National Forest System (NFS) lands, to enter into agreements, including cost-share agreements, with cooperators for: (1) developing, producing, or selling education and interpretive materials and products; (2) developing, conducting, or selling education and interpretive programs and services; (3) constructing, maintaining, or improving facilities for the sale or distribution of educational and interpretive materials, products, programs, and services; (4) operating facilities; (5) selling health and safety convenience products; (6) collecting funds from the sale of such materials, products, programs, and services; (7) activities to restore and maintain the ecological integrity and biodiversity of NFS lands; (8) watershed restoration and enhancement activities on NFS lands, or on other lands that benefit resources on NFS land within the same watershed, for protecting, restoring, and enhancing resources, including fish and wildlife habitat, or reducing risk from natural disaster where public safety is threatened; and (9) such other cooperative activities as the Secretary considers to be appropriate.
Directs the Secretary to require such terms and conditions in an agreement as are necessary to protect investments to be made by the United States, including terms related to the ownership of any facilities or improvements constructed or improved under such an agreement.
Sets forth provisions concerning: (1) cost-sharing, including providing for in-kind contributions; and (2) the treatment of funds received under an agreement.
Repeals certain authorities relating to: (1) cooperative arrangements for the printing of educational materials and the continuation of the Challenge Cost Share Program; and (2) Watershed Restoration and Enhancement Agreements. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Affordable Small
Business Stimulus Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. INCREASE IN EXPENSE TREATMENT FOR SMALL BUSINESSES.
(a) In General.--Section 179(b)(1) (relating to dollar limitation)
is amended to read as follows:
``(1) Dollar limitation.--
``(A) In general.--The aggregate cost which may be
taken into account under subsection (a) for any taxable
year shall not exceed $35,000 ($25,000 in the case of
taxable years beginning in 2001).
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2002,
the $35,000 amount contained in subparagraph (A) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting `calendar year 2001' for
`calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $1,000, such amount shall be rounded
to the nearest multiple of $1,000.''
(b) Expansion of Phase-Out of Limitation.--Section 179(b)(2) is
amended to read as follows:
``(2) Reduction in limitation.--
``(A) In general.--The limitation under paragraph
(1) for any taxable year shall be reduced (but not
below zero) by the amount by which the cost of section
179 property for which a deduction is allowable
(without regard to this subsection) under subsection
(a) for such taxable year exceeds $350,000 ($250,000 in
the case of taxable years beginning in 2001).
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2002,
the $350,000 amount contained in subparagraph (A) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting `calendar year 2001' for
`calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''
(c) Time of Deduction.--The second sentence of section 179(a)
(relating to election to expense certain depreciable business assets)
is amended by inserting ``(or, if the taxpayer elects, the preceding
taxable year if the property was purchased in such preceding year)''
after ``service''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. MODIFICATIONS OF EXCLUSIONS AND ROLLOVERS OF GAIN ON QUALIFIED
SMALL BUSINESS STOCK.
(a) Exclusion of Gain on Qualified Small Business Stock.--
(1) Increase in exclusion percentage.--
(A) In general.--Section 1202(a)(1) (relating to
exclusion for gain from certain small business stock)
is amended by striking ``50 percent'' and inserting
``75 percent''.
(B) 100-percent exclusion for critical technology
and specialized small business investment businesses.--
Section 1202(a) is amended by adding at the end the
following new paragraph:
``(3) Critical technology and specialized small business
investment businesses.--
``(A) In general.--In the case of qualified small
business stock acquired after the date of the enactment
of this paragraph which is stock in--
``(i) a critical technology corporation, or
``(ii) a corporation which is a specialized
small business investment company (as defined
in subsection (c)(2)(B)(ii)),
paragraph (1) shall be applied by substituting `100
percent' for `75 percent'.
``(B) Critical technology corporation.--The term
`critical technology corporation' means a corporation
substantially all of the active business activities of
which during substantially all of a taxpayer's holding
period of stock in the corporation are in connection
with critical technologies (as defined in section
2500(6) of title 10, United States Code),
transportation security technologies, antiterrorism
technologies, technologies enhancing security by
improving methods of personal identification (including
biometrics), or environmental technologies for
pollution minimization, remediation, or waste
management.''
(C) Empowerment zone conforming amendment.--Section
1202(a)(2)(A) is amended--
(i) by striking ``60 percent'' and
inserting ``100 percent'', and
(ii) by striking ``50 percent'' and
inserting ``75 percent''.
(2) Decrease in holding period.--
(A) In general.--Section 1202(a)(1) is amended by
striking ``5 years'' and inserting ``3 years''.
(B) Conforming amendment.--Section 1202(j)(1)(A) is
amended by striking ``5 years'' and inserting ``3
years''.
(3) Exclusion available to corporations.--
(A) In general.--Subsection (a) of section 1202
(relating to partial exclusion for gains from certain
small business stock) is amended by striking ``other
than a corporation''.
(B) Technical amendment.--Subsection (c) of section
1202 is amended by adding at the end the following new
paragraph:
``(4) Stock held among members of controlled group not
eligible.--Stock of a member of a parent-subsidiary controlled
group (as defined in subsection (d)(3)) shall not be treated as
qualified small business stock while held by another member of
such group.''
(4) Stock of larger businesses eligible for exclusion.--
(A) In general.--Paragraph (1) of section 1202(d)
(defining qualified small business) is amended by
striking ``$50,000,000'' each place it appears and
inserting ``$100,000,000''.
(B) Inflation adjustment.--Section 1202(d)
(defining qualified small business) is amended by
adding at the end the following:
``(5) Inflation adjustment of asset limitation.--In the
case of stock issued in any calendar year after 2002, the
$100,000,000 amount contained in paragraph (1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2001' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''
(b) Increase in Period To Purchase Replacement Stock and Qualify
for Rollover.--
(1) In general.--Section 1045(a)(2) (relating to
nonrecognition of gain) is amended by striking ``60-day'' and
inserting ``180-day''.
(2) Conforming amendment.--Section 1045(b)(2) is amended by
striking ``60-day'' and inserting ``180-day''.
(c) Effective Dates.--
(1) Exclusion.--The amendments made by subsection (a) shall
apply to stock issued after the date of the enactment of this
Act.
(2) Rollover.--The amendment made by subsection (b) shall
apply to sales after the date of the enactment of this Act.
SEC. 4. RECOVERY PERIOD FOR DEPRECIATION OF COMPUTERS AND PERIPHERAL
EQUIPMENT AND COMPUTER SOFTWARE.
(a) Recovery Period for Computers.--
(1) 3-year period.--
(A) In general.--Subparagraph (A) of section
168(e)(3) (relating to 3-year property) is amended by
striking ``and'' at the end of clause (ii), by striking
the period at the end of clause (iii) and inserting ``,
and'', and by adding at the end the following new
clause:
``(iv) any computers or peripheral
equipment (as defined in subsection
(i)(2)(B)).''
(B) Conforming amendment.--Clause (iv) of section
168(e)(3)(B) (relating to 5-year property) is amended
by inserting ``(except computers or peripheral
equipment)'' before the comma.
(2) 3-year recovery period under alternative depreciation
system for tax-exempt use property, etc.--Subparagraph (C) of
section 168(g)(3) (relating to alternative depreciation system
for certain property) is amended to read as follows:
``(C) Qualified technological equipment.--
``(i) In general.--Except as provided in
clause (ii), in the case of any qualified
technological equipment, the recovery period
used for purposes of paragraph (2) shall be 5
years.
``(ii) Computers or peripheral equipment.--
In the case of any computer or peripheral
equipment, the recovery period used for
purposes of paragraph (2) shall be 3 years.''
(b) 24-Month Useful Life for Depreciation of Computer Software.--
Subparagraph (A) of section 167(f)(1) (relating to computer software)
is amended by striking ``36 months'' and inserting ``24 months''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 5. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS OF SELF-
EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) is amended to read
as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to 100 percent of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer and the taxpayer's spouse and dependents.''
(b) Clarification of Limitations on Other Coverage.--The first
sentence of section 162(l)(2)(B) is amended to read as follows:
``Paragraph (1) shall not apply to any taxpayer for any calendar month
for which the taxpayer participates in any subsidized health plan
maintained by any employer (other than an employer described in section
401(c)(4)) of the taxpayer or the spouse of the taxpayer.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 6. DISCLOSURE OF TAX INFORMATION TO FACILITATE COMBINED EMPLOYMENT
TAX REPORTING.
Section 6103(d)(5) is amended to read as follows:
``(5) Disclosure for combined employment tax reporting.--
The Secretary may disclose taxpayer identity information and
signatures to any agency, body, or commission of any State for
the purpose of carrying out with such agency, body, or
commission a combined Federal and State employment tax
reporting program approved by the Secretary. Subsections (a)(2)
and (p)(4) and sections 7213 and 7213A shall not apply with
respect to disclosures or inspections made pursuant to this
paragraph.''
SEC. 7. INCOME AVERAGING FOR FARMERS AND FISHERMEN NOT TO INCREASE
ALTERNATIVE MINIMUM TAX LIABILITY.
(a) In General.--Section 55(c) (defining regular tax) is amended by
redesignating paragraph (2) as paragraph (3) and by inserting after
paragraph (1) the following new paragraph:
``(2) Coordination with income averaging for farmers and
fishermen.--Solely for purposes of this section, section 1301
(relating to averaging of farm and fishing income) shall not
apply in computing the regular tax.''
(b) Allowing Income Averaging for Fishermen.--
(1) In general.--Section 1301(a) is amended by striking
``farming business'' and inserting ``farming business or
fishing business''.
(2) Definition of elected farm income.--
(A) In general.--Clause (i) of section
1301(b)(1)(A) is amended by inserting ``or fishing
business'' before the semicolon.
(B) Conforming amendment.--Subparagraph (B) of
section 1301(b)(1) is amended by inserting ``or fishing
business'' after ``farming business'' both places it
occurs.
(3) Definition of fishing business.--Section 1301(b) is
amended by adding at the end the following new paragraph:
``(4) Fishing business.--The term `fishing business' means
the conduct of commercial fishing as defined in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 8. MODIFICATION OF UNRELATED BUSINESS INCOME LIMITATION ON
INVESTMENT IN CERTAIN DEBT-FINANCED PROPERTIES.
(a) In General.--Section 514(c)(6) (relating to acquisition
indebtedness) is amended--
(1) by striking ``include an obligation'' and inserting
``include--
``(A) an obligation'',
(2) by striking the period at the end and inserting ``,
or'', and
(3) by adding at the end the following:
``(B) indebtedness incurred by a small business
investment company licensed under the Small Business
Investment Act of 1958 which is evidenced by a
debenture--
``(i) issued by such company under section
303(a) such Act, or
``(ii) held or guaranteed by the Small
Business Administration.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to acquisitions made on or after the date of the enactment of
this Act. | Affordable Small Business Stimulus Act of 2001 - Amends the Internal Revenue Code with respect to the expensing of depreciable business assets (section 179) to increase maximum annual amounts and the phase-out threshold (eliminating the current phase-in of annual increases).Increases the exclusion percentage when calculating the exclusion of gain on qualified small business stock, including critical technology and specialized small business investment company stock. Increases the period in which purchased replacement stock will qualify for rollover status.Reduces the recovery period for depreciation of computers, peripheral equipment, and software.Permits self-employed individuals to deduct all of their health insurance costs.Permits the disclosure of Federal taxpayer identity information and signatures to State entities to carry out an approved combined employment tax reporting program.States that income averaging for farmers and fisherman will not increase their alternative minimum tax liability.Excludes from acquisition indebtedness certain indebtedness incurred by a small business investment company licensed under the Small Business Investment Act of 1958. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pan Am Flight 103 Accountability Act
of 2011''.
SEC. 2. INVESTIGATION OF TERRORIST ATTACKS AGAINST THE UNITED STATES
ATTRIBUTABLE TO THE GOVERNMENT OF MUAMMAR QADDAFI.
(a) Continuing Investigation.--
(1) In general.--The President shall continue any
investigative activities of any Federal agencies with regard to
the bombing of Pan Am flight 103 and any other terrorist
attacks attributable to the government of Muammar Qaddafi
against United States citizens, with the goal of determining
the identities of the individuals responsible for the attacks
and bringing such individuals to justice.
(2) Cooperation.--
(A) In general.--The President shall urge the
Transitional National Council and any successor
government of Libya to cooperate with and participate
in the investigative activities described in paragraph
(1).
(B) Consideration of cooperation in assistance
decisions.--The President shall consider the
cooperation by the Transitional National Council and
any successor government of Libya with respect to the
investigative activities described in paragraph (1)
when making decisions about the provision of United
States assistance to the successor government.
(b) Restriction on Availability of Frozen Assets.--
(1) Limitation.--Except as provided in paragraph (2), the
President may not distribute property confiscated from Muammar
Qaddafi, his family, and the Government of Libya to the
Transitional National Council or any successor government of
Libya until the President certifies to Congress that the
Transitional National Council or successor government is fully
cooperating with requests for information and ongoing
investigations related to the bombing of Pan Am flight 103 and
any other terrorist attacks attributable to the government of
Muammar Qaddafi against United States citizens.
(2) Exception for humanitarian assistance.--The restriction
in paragraph (1) does not apply to the distribution of property
for humanitarian purposes.
(3) National security waiver.--The President may waive the
restriction in paragraph (1) upon certifying to the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives that
the provision of confiscated assets to the Transitional
National Council or any successor government of Libya is in the
national security interest of the United States.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to Congress a report on investigative
activities described in subsection (a), including the following
elements:
(A) A description of efforts by the President to
ascertain information through all available channels,
including inquiries with members of the Transitional
National Council and any successor government of Libya,
about the bombing of Pan Am flight 103 and other
terrorist attacks attributable to the government of
Muammar Qaddafi against United States citizens, with
the goal of determining the identities of persons who
have knowledge about such attacks or were involved in
the planning, execution, or cover-up of the attacks.
(B) An assessment of the cooperation of the
Transitional National Council and any successor
government of Libya in ascertaining such information
and in facilitating access to necessary persons and
documents related to the bombing of Pan Am flight 103
and other terrorist attacks attributable to the
government of Muammar Qaddafi against United States
citizens.
(2) Form.--The report required under paragraph (1) shall be
unclassified, but may contain a classified annex.
(3) Sunset.--The reporting requirement under paragraph (1)
shall terminate upon a certification by the President to
Congress that the Transitional National Council or any
successor government of Libya has made available all relevant
information about the bombing of Pan Am Flight 103 and other
terrorist attacks attributable to the government of Muammar
Qaddafi against United States citizens. | Pan Am Flight 103 Accountability Act of 2011 - Directs the President to continue any federal investigative activities regarding the bombing of Pan Am flight 103 and any other terrorist attacks against U.S. citizens attributable to the government of Muammar Qaddafi.
Directs the President to: (1) urge the Transitional National Council (TNC) and any successor government of Libya to cooperate with such investigative activities, and (2) consider such cooperation when making decisions about U.S. assistance to the successor government.
Prohibits the President from distributing property confiscated from Muammar Qaddafi, his family, and the government of Libya to the TNC or any successor government of Libya until the President certifies to Congress that the TNC or successor government is cooperating with such investigative activities.
Exempts property distributions for humanitarian purposes from such restriction. Authorizes the President to waive such restriction if in the U.S. national interest. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Servicemember and Citizen
Protection Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In December 1997, the General Assembly of the United
Nations called for the convening of a diplomatic conference in
Rome, Italy, from June 15 through July 17, 1998, to adopt a
Convention on the Establishment of an International Criminal
Court.
(2) Pursuant to this call, the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of an
International Criminal Court convened in Rome, Italy, and on
July 17, 1998, proposed the Statute of the International
Criminal Court for ``ratification, acceptance, or approval'' by
the member states of the United Nations.
(3) According to article 127 of the Statute of the
International Criminal Court, the Statute of the International
Criminal Court shall take effect upon the ``ratification,
acceptance, or approval'' of 60 member states.
(4) In April 2002, the 60th member state ratified the
Statute of the International Criminal Court.
(5) According to articles 12 and 25 of the Statute of the
International Criminal Court, the jurisdiction of the
International Criminal Court shall extend to individual United
States citizens even if the United States does not ``ratify,
accept, or approve'' the Statute of the International Criminal
Court.
(6) On May 6, 2002, President George W. Bush repudiated the
signature of the United States on the Statute of the
International Criminal Court, stating that the United States
``can no longer be a party'' to the International Criminal
Court and requesting that those who have chosen to be a party
to the Court respect the decision of the United States.
(7) According to the 1969 Vienna Convention on the Law of
Treaties, no nation may be bound by a treaty to which that
nation has not consented; therefore the United States, which
has not consented to the Statute of the International Criminal
Court in the manner prescribed by the Constitution of the
United States, cannot be bound by the Statute of the
International Criminal Court even if 60 countries ratify,
accept, or approve it.
(8) The Statute of the International Criminal Court is an
ultra vires act, wholly unauthorized by the Charter of the
United Nations, since it was enacted by a Conference of
Diplomats convened by the United Nations General Assembly in
contravention of the powers of the United Nations Security
Council which, under the Charter of the United Nations, alone
has primary responsibility for the maintenance of international
peace and security.
(9) The Statute of the International Criminal Court also
contravenes the principle of government only by the consent of
the governed that is enshrined in the American national
charter, the Declaration of Independence, because the
International Criminal Court claims jurisdiction over citizens
of the United States without their consent or without the
consent of the United States Government.
(10) The Statute of the International Criminal Court also
contravenes the principles of separation of powers, federalism,
and trial by jury that are guaranteed by the Constitution of
the United States, because the International Criminal Court has
been endowed with legislative, executive, and judicial powers
and with criminal jurisdiction without regard to the
jurisdiction of the United States and the several States.
(11) The International Criminal Court, by design and
effect, is an illegitimate court, established contrary to the
provisions of the Charter of the United Nations, the American
Declaration of Independence, and the Constitution of the United
States, and as such, puts United States citizens in jeopardy of
unlawful and unconstitutional criminal prosecution, with
members of the United States Armed Forces placed especially at
risk of politically motivated arrests, prosecutions, fines, and
imprisonments for acts engaged in for the protection of the
sovereignty and independence of the United States.
(12) United States citizens generally, and members of the
United States Armed Forces in particular, deserve the full
protection of the Constitution of the United States--the very
body of law the members of the Armed Forces risk life and limb
to protect.
SEC. 3. PROHIBITION OF FUNDS.
No funds appropriated or otherwise made available by the United
States Government for any purpose may be used in any manner for the
establishment or operation of the International Criminal Court.
SEC. 4. PROTECTION OF MEMBERS OF THE UNITED STATES ARMED FORCES AND
UNITED STATES CITIZENS AND NATIONALS.
(a) Actions Against Members of the Armed Forces.--Any action taken
by or on behalf of the International Criminal Court against any member
of the United States Armed Forces shall be considered to be an act of
aggression against the United States.
(b) Actions Against United States Citizens or Nationals.--Any
action taken by or on behalf of the International Criminal Court
against any individual who is a citizen or national of the United
States shall be considered to be an offense against the law of nations.
SEC. 5. PENALTIES.
Any person who knowingly violates section 3 shall be fined not more
than $50,000, or imprisoned not more than 5 years, or both. | American Servicemember and Citizen Protection Act of 2003 - Prohibits the use of appropriated funds for the establishment or operation of the International Criminal Court.Declares that any action taken by or on behalf of the Court: (1) against any member of the U.S. armed forces shall be considered an act of aggression against the United States; or (2) against any U.S. citizen or national shall be considered an offense against the law of nations. Sets forth both civil and criminal penalties against any person who knowingly violates the requirements of this Act. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Improvement Timber
Contract Extension Act''.
SEC. 2. MODIFICATION OF LONG-TERM CONTRACT REGARDING TONGASS NATIONAL
FOREST.
(a) Definitions.--In this section:
(1) The term ``board feet'' means net scribner long-log
scale for all sawlogs and all hemlock and spruce utility grade
logs.
(2) The term ``contract'' means the timber sale contract
numbered A10fs-1042 between the United States and the Ketchikan
Pulp Company.
(3) The term ``contracting officer'' means the Regional
Forester of Region 10 of the United States Forest Service.
(4) The term ``mid-market criteria'' means an appraisal
that ensures an average timber operator will have a weighted
average profit and risk margin of at least 60 percent of normal
in a mid-market situation, representative of the most recent 10
years of actual market data.
(5) The term ``proportionality'' means the proportion of
high volume stands (stands of 30,000 or more board feet per
acre) to low volume stands (stands of 8,000 to 30,000 board
feet per acre).
(6) The term ``purchaser'' means the Ketchikan Pulp
Company.
(b) Findings.--Congress finds the following:
(1) On July 26, 1951, the Forest Service, on behalf of the
United States, and the purchaser entered into a contract to
harvest 8,250,000,000 board feet of timber from the Tongass
National Forest in the State of Alaska. While the contract is
scheduled to end June 30, 2004, it acknowledges an intention on
the part of the Forest Service to supply adequate timber
thereafter for permanent operation of the purchaser's
facilities on a commercially sound and permanently economical
basis. This legislation is necessary to effectuate that intent.
(2) A pulp mill or similar facility is necessary in
southeast Alaska to optimize the level of year-round, high-
paying jobs in the area, to provide high value added use of
low-grade wood and by-product material from sawmilling
operations, and to maintain a stable regional economy.
(3) The purchaser plans to make environmental and
operational improvements to its pulp mill, including conversion
to an elementally chlorine free bleaching process, expansion of
wastewater treatment facilities, relocation of the existing
wastewater outfall, and improvements to chemical recovery and
power generation equipment. Total capital expenditures are
estimated to be $200,000,000, $25,000,000 of which the
purchaser has already invested.
(4) Extension of the contract for 15 years is the minimum
reasonable extension period to allow amortization of these
environmental improvement and energy efficiency projects.
(5) Ketchikan is the fourth largest city in Alaska. Its
economic and job base are extremely dependent upon the
continuation of the contract, which provides the principal
source of year-round employment in the area. The purchaser has
stated among its goals and objectives the following:
(A) Continuation of a long-term commitment to
Ketchikan and southeast Alaska, including maintenance
of a stable Alaskan workforce, utilization of Alaskan
contractors, vendors, and suppliers to permit those
businesses to hire and maintain Alaskan employees.
(B) Participation in the Forest Service's land
management planning process with other users so that
the process may be completed expeditiously with maximum
information.
(C) Adherence to sound principles of multiple-use
and sustained yield of forest resources providing for
the production of sustainable contract volumes for the
purchaser and the other timber operators in southeast
Alaska and the protection and promotion of other forest
uses, including tourism, fishing, subsistence, hunting,
mining, and recreation.
(D) Protection of air, water, and land, including
fish and wildlife habitat, through compliance with
applicable Federal, State, and local laws.
(E) Commitment to continue to explore new processes
and technology to maximize the use of timber harvested
and increase the value of products manufactured in
southeast Alaska.
(6) The national interest is served by a policy that
accomplishes the proper stewardship of publicly owned assets in
the Tongass National Forest, a fair return to the United States
for public timber in the Tongass National Forest, and a proper
balance among multiple use interests in the Tongass National
Forest to enhance forest health, sustainable harvest, and the
general economic health and growth in southeast Alaska and the
United States in order to improve national economic benefits.
The national interest is best achieved by fostering domestic
forest product markets and by modifying the terms of the
contract pursuant to subsection (c).
(c) Contract Fairness Changes.--The contract is hereby modified as
follows:
(1) Extension.--The term of the contract is extended by 15
years from June 30, 2004.
(2) Sale offering plan.--The contract shall include a plan
describing the amount of volume, location, and the schedule by
which the purchaser shall receive the timber required by
paragraph (3) for the remainder of the contract term. The plan
shall be coordinated with the Tongass Land Management Plan.
(3) Volume requirements.--The volume of timber required
under the contract shall be provided in 5-year increments of
962,500,000 board feet, which the purchaser shall be obligated
to harvest in an orderly manner, subject to the following:
(A) Until March 1, 1999, when the next 5-year
increment is provided to the purchaser, the Forest
Service shall provide the purchaser with at least
192,500,000 board feet per year of available timber at
a date certain each year and shall maintain a supply of
timber adequate to insure the purchaser can reasonably
harvest 192,500,000 board feet each year.
(B) To ensure harvest in an orderly manner, the
contracting officer shall provide for the construction
by the purchaser of roads in portions of the 5-year
increment area of timber in advance of the 5-year
operating period by including such roads in the
environmental impact statement prepared for the 5-year
operating period.
(C) Timber selected for inclusion in the 5-year
increment shall meet the mid-market criteria.
(4) Appraisals and rates.--The contracting officer shall
perform appraisals using normal independent national forest
timber sale procedures and designate rates for the increments
of timber to be provided. The rates shall not be designated at
a level that places the purchaser at a competitive disadvantage
to a similar enterprise in Pacific Northwest and those rate
shall be the sole charges the purchaser shall be required to
pay for timber provided.
(5) Measurement of proportionality.--The Forest Service
shall measure proportionality using the following criteria:
(A) Measure for groups of all contiguous management
areas.
(B) Measure proportionality by acres.
(C) Measure proportionality over the entire
rotation age.
(6) Conversion or replacement of pulp mill.--The purchaser
may convert or replace, in part or in whole, its pulp mill with
a facility that manufactures any other value added product that
utilizes pulp logs as a raw material component.
(7) Unilateral termination.--The unilateral termination
clause of the contract is eliminated.
(8) Subsequent modifications.--Any clause in the contract,
as modified by this subsection, may be further modified only by
mutual agreement of the Forest Service and the purchaser and
may be so modified without further Act of Congress.
(d) Effective Date for Contract Modification.--
(1) Effective date.--The modifications made by subsection
(c) shall take effect 45 days after the date of the enactment
of this Act.
(2) Ministerial duty to modify the contract.--Not later
than such effective date, the contracting officer shall revise,
as a ministerial function, the text of the contract to conform
with the modifications made by subsection (c) and implement the
modified contract. The contracting officer shall make
conforming changes to provisions of the contract that were not
modified by subsection (c) in order to ensure that the
modifications made by such subsection are implemented.
(e) Transition Timber Supply.--Timber volume available or scheduled
to be offered to the purchaser under the contract in effect on the day
before the date of the enactment of this Act shall continue to be
offered and scheduled under the contract as modified by subsection (c)
along with such additional timber volume as is necessary to satisfy the
timber volume requirement of 192,500,000 board feet per year. | Environmental Improvement Timber Contract Extension Act - Extends and modifies the timber contract between the United States and the Ketchikan Pulp Company with regard to the Tongass National Forest, Alaska. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy for Schools Act''.
SEC. 2. GRANTS TO STATE EDUCATIONAL AGENCIES.
(a) Grants to State Educational Agencies.--From the amounts
appropriated under section 8, the Secretary of Education shall award
grants to State educational agencies for the purpose of awarding
subgrants to local educational agencies to assist public schools with
the increased costs of fuel for school buses and energy for public
school buildings in accordance with sections 5 and 6.
(b) Grant Application.--To receive a grant under subsection (a), a
State educational agency shall submit an application to the Secretary
in such form, manner, and containing such information as the Secretary
may require.
SEC. 3. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Subgrants to Local Educational Agencies.--
(1) In general.--A State educational agency that receives a
grant under section 2 shall award subgrants to local
educational agencies to assist public schools with the
increased costs of fuel for school buses and energy for public
school buildings in accordance with sections 5 and 6.
(2) Administrative costs.--A State educational agency that
receives a grant under section 2 shall use not more than 5
percent of such grant for the administrative costs of carrying
out the subgrant program.
(b) Subgrant Application.--To receive a subgrant under subsection
(a), a local educational agency shall submit an application to the
State educational agency serving such local educational agency in such
form, manner, and containing such information as such State educational
agency may require.
SEC. 4. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Grants to Local Educational Agencies.--From the amounts
appropriated under section 8, the Secretary shall award grants to local
educational agencies that did not receive a subgrant under section 3 to
assist public schools with the increased costs of fuel for school buses
and energy for public school buildings in accordance with sections 5
and 6.
(b) Application.--To receive a grant under subsection (a), a local
educational agency shall submit an application to the Secretary in such
form, manner, and containing such information as the Secretary may
require.
SEC. 5. USES OF FUNDS.
A local educational agency that receives a subgrant under section 3
or a grant under section 4, shall use such funds to assist public
schools within the jurisdiction of such local educational agency--
(1) to pay for the increase in the cost of fuel for school
buses that serve such public schools; and
(2) to pay for the increase in the cost of energy to heat,
to cool, or to provide electricity to the buildings of such
public schools.
SEC. 6. DISTRIBUTION OF FUNDS.
To the extent practicable, a local educational agency that receives
a subgrant under section 3 or a grant under section 4 shall distribute
the funds allotted to cover the increase in the cost of fuel for school
buses to the public schools within the jurisdiction of such local
educational agency proportionally, based on such local educational
agency's estimate of the total miles traveled by school buses that
serve such public schools.
SEC. 7. REGULATIONS.
The Secretary is authorized to prescribed regulations necessary to
implement this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
SEC. 9. DEFINITIONS.
In this Act:
(1) In general.--The terms ``local educational agency'' and
``State educational agency'' have the meanings given the terms
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(2) Increase in the cost of fuel for school buses.--The
phrase ``increase in the cost of fuel for school buses'' means
the amount of increase in the cost of fuel for school buses
from the date one calendar year prior to the date of the
enactment of this Act to the date of the enactment of this Act.
(3) Increase in the cost of energy.--The phrase ``increase
in the cost of energy'' means the amount of increase in energy
prices from the date one calendar year prior to the date of the
enactment of this Act to the date of the enactment of this Act.
(4) Public school.--The term ``public school'' has the
meaning given the term in section 5145 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7217d).
(5) School bus.--The term ``school bus'' means a bus or any
other vehicle used to transport students to and from their
homes to school, or to and from school-related activities and
events.
(6) Secretary.--The term ``Secretary'' means Secretary of
Education. | Energy for Schools Act - Directs the Secretary of Education to award grants to: (1) state educational agencies (SEAs) in order to award subgrants to local educational agencies (LEAs) to assist public schools with the increased costs of fuel for school buses and energy for public school buildings; and (2) LEAs that do not receive a subgrant from an SEA. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Lock Act of 1999''.
SEC. 2. CHILD SAFETY LOCKS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(35) The term `locking device' means a device or locking
mechanism--
``(A) that--
``(i) if installed on a firearm and secured
by means of a key or a mechanically,
electronically, or electromechanically operated
combination lock, is designed to prevent the
firearm from being discharged without first
deactivating or removing the device by means of
a key or mechanically, electronically, or
electromechanically operated combination lock;
``(ii) if incorporated into the design of a
firearm, is designed to prevent discharge of
the firearm by any person who does not have
access to the key or other device designed to
unlock the mechanism and thereby allow
discharge of the firearm; or
``(iii) is a safe, gun safe, gun case, lock
box, or other device that is designed to store
a firearm and that is designed to be unlocked
only by means of a key, a combination, or other
similar means; and
``(B) that is approved by a licensed firearms
manufacturer for use on the handgun with which the
device or locking mechanism is sold, delivered, or
transferred.''.
(b) Unlawful Acts.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z) Locking Devices.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any licensed manufacturer, licensed
importer, or licensed dealer to sell, deliver, or transfer any
handgun to any person other than a licensed manufacturer,
licensed importer, or licensed dealer, unless the transferee is
provided with a locking device for that handgun.
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) the--
``(i) manufacture for, transfer to, or
possession by, the United States or a State or
a department or agency of the United States, or
a State or a department, agency, or political
subdivision of a State, of a firearm; or
``(ii) transfer to, or possession by, a law
enforcement officer employed by an entity
referred to in clause (i) of a firearm for law
enforcement purposes (whether on or off duty);
or
``(B) the transfer to, or possession by, a rail
police officer employed by a rail carrier and certified
or commissioned as a police officer under the laws of a
State of a firearm for purposes of law enforcement
(whether on or off duty).''.
(2) Effective date.--Section 922(y) of title 18, United
States Code, as added by this subsection, shall take effect 180
days after the date of enactment of this Act.
(c) Liability; Evidence.--
(1) Liability.--Nothing in this section shall be construed
to--
(A) create a cause of action against any firearms
dealer or any other person for any civil liability; or
(B) establish any standard of care.
(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this section shall not be admissible as
evidence in any proceeding of any court, agency, board, or
other entity, except with respect to an action to enforce this
section.
(3) Rule of construction.--Nothing in this subsection shall
be construed to bar a governmental action to impose a penalty
under section 924(p) of title 18, United States Code, for a
failure to comply with section 922(y) of that title.
(d) Civil Penalties.--Section 924 of title 18, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(y)(1) by a licensee, the Secretary may, after
notice and opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter; or
``(ii) subject the licensee to a civil
penalty in an amount equal to not more than
$10,000.
``(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided in
section 923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) does not preclude any administrative remedy
that is otherwise available to the Secretary.''. | Child Safety Lock Act of 1999 - Amends the Brady Handgun Violence Prevention Act to define (firearm) "locking device."
Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement and governmental entities.
Specifies that nothing in this Act shall be construed to create a cause of action against any firearms dealer or any other person for civil liability, or establish any standard of care.
Makes evidence regarding compliance or noncompliance with this Act inadmissible in a proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this Act.
Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Trade Reform Act of
1996''.
SEC. 2. DEFINITION OF DOMESTIC INDUSTRY, ETC.
(a) Domestic Industry.--
(1) In general.--Section 202(c)(6)(A)(i) of the Trade Act
of 1974 (19 U.S.C. 2252(c)(6)(A)(i) is amended to read as
follows:
``(A)(i) The term `domestic industry' means, with
respect to an article--
``(I) the producers as a whole of the like
or directly competitive article or those
producers whose collective production of the
like or directly competitive article
constitutes a major proportion of the total
domestic production of such article, or
``(II) the producers of a like or directly
competitive perishable agricultural product,
citrus product, or potato product, in a
specific geographic area of the United States
whose collective production in such area of
such article constitutes a significant
proportion of the total domestic production of
such article.''.
(2) Determination by commission.--Section 202(c)(4) of such
Act (19 U.S.C. 2252(c)(4)) is amended--
(A) by striking ``and'' at the end of subparagraph
(B),
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and'', and
(C) by adding at the end the following new
subparagraph:
``(D) may--
``(i) in the case of one or more domestic
producers--
``(I) who produce a like or
directly competitive perishable
agricultural product, citrus product,
or potato product in a specific
geographic area of the United States,
``(II) whose production of the
product in such area constitutes a
significant portion of the domestic
industry in the United States, and
``(III) who primarily serve the
market in such area, and
``(ii) if there are substantial imports of
a like or directly competitive product in such
area,
treat as such domestic industry only that portion of
the production of the product located in such area.''.
(b) Specific Geographic Area of the United States, Etc.--Section
202(c)(6) of such Act (19 U.S.C. 2252(c)(6)) is amended by adding at
the end the following new subparagraphs:
``(E) The term `specific geographic area of the
United States' means a discrete and distinguishable
geographic area in the United States in which a
perishable agricultural product, citrus product, or
potato product is produced.
``(F) The term `significant portion of the domestic
industry in the United States' means an important,
recognizable part of the domestic industry, including a
part of the industry characterized by production in the
same growing season.''.
SEC. 3. PROVISIONAL RELIEF.
(a) In General.--Section 202(d)(1)(C) of the Trade Act of 1974 (19
U.S.C. 2252(d)(1)(C)) is amended to read as follows:
``(C)(i) If--
``(I) a petition filed under subsection (a)--
``(aa) alleges injury from imports of a
perishable agricultural product, citrus
product, or potato product that has been, on
the date the allegation is included in the
petition, subject to monitoring by the Commission under subparagraph
(B) for not less than 90 days; and
(bb) requests that provisional relief be
provided under this subsection with respect to
such imports; or
``(II) a request made by the President or the Trade
Representative, or a resolution adopted by either the
Committee on Ways and Means or the Committee on
Finance, under subsection (b), states that provisional
relief provided under this subsection with respect to
such imports may be necessary to prevent or remedy
serious injury, or the threat thereof, to the domestic
industry
the Commission shall, not later than the 21st day after the day
on which the request was filed, make a determination described
in clause (ii), on the basis of available information.
``(ii) The determination described in this clause is a
determination by the Commission whether increased imports
(either actual or relative to domestic production) of the
perishable agricultural product, citrus product, or potato
product are a substantial cause of serious injury, or the
threat thereof, to the domestic industry producing a like or
directly competitive perishable agricultural product, citrus
product, or potato product and whether either--
``(I) the serious injury is likely to be difficult
to repair by reason of perishability of the like or
directly competitive agricultural product; or
``(II) the serious injury cannot be timely
prevented through investigation under subsection (b)
and action under section 203.''.
(b) Special Rules for Considering Certain Requests.--Section
202(d)(1) of such Act (19 U.S.C. 2252(d)(1)) is amended by adding at
the end the following new subparagraph:
``(H) In considering a petition filed under
subsection (a) or a request or resolution described in
subsection (b), the Commission may waive the 90-day
monitoring requirement in subparagraph (C)(i)(I)(aa),
if--
``(i) there is a reasonable expectation,
based on all available evidence, including
significant increases in production or
production capacity for the product occurring
in the country from which the like or directly
competitive product is imported in the year
preceding such petition, request, or
resolution, that the product will be imported
from that country in the current year in such
quantities as to be a substantial cause of
serious injury, or the threat thereof, to the
domestic industry producing a like or directly
competitive product; and
``(ii) the quantities of imports of the
like or directly competitive product from that
country reported for the 1-month period
preceding the date of such petition, request,
or resolution are consistent with such
expectation.''.
(c) Conforming Amendments.--
(1) Section 202(a)(2)(B)(i) of such Act (19 U.S.C.
2252(a)(2)(B)(i)) is amended by striking ``subsection
(d)(1)(C)(i)'' and inserting ``subsection
(d)(1)(C)(i)(I)(aa)''.
(2) Section 202(d)(1)(A) of such Act (19 U.S.C.
2252(d)(1)(A)) is amended by striking ``perishable agricultural
product or citrus product'' each place it appears and inserting
``perishable agricultural product, citrus product, or potato
product''.
(3) Section 202(d)(5) of such Act (19 U.S.C. 2252(d)(5)) is
amended by adding at the end the following new subparagraph:
``(D) The term `potato product' means any potato
product including any processed potato product.''. | Agricultural Trade Reform Act of 1996 - Amends the Trade Act of 1974 to include within the definition of "domestic industry" the producers of a like or directly competitive perishable agricultural, citrus, or potato product, in a specific geographic area of the United States whose collective production of such article constitutes a significant proportion of its total domestic production. Authorizes the International Trade Commission (ITC) to treat as a domestic industry only that portion of the production of such products located in such geographic area.
Amends provisional relief guidelines to require the ITC to expedite its determination procedure upon request by either the President or the U.S. Trade Representative (or a resolution adopted by either of two specified congressional committees), stating that provisional relief may be necessary to prevent or remedy actual or threatened serious injury to the domestic industry.
Cites conditions under which the ITC may waive the 90-day monitoring requirement. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Compliance and
Affordability Act''.
SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH
FRAMEWORK.
(a) In General.--In the first 5 fiscal years beginning after the
date of enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), in coordination with appropriate State, local, and
regional authorities, shall carry out a pilot program under which the
Administrator shall work cooperatively with and facilitate the efforts
of eligible municipalities to develop and implement integrated plans to
meet wastewater and stormwater obligations of the eligible
municipalities under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) in a more cost-effective and flexible manner.
(b) Framework.--The Administrator shall carry out the pilot program
in a manner that is consistent with the Integrated Municipal Stormwater
and Wastewater Approach Framework issued by the Environmental
Protection Agency and dated May 2012.
(c) Selection of Eligible Municipalities.--
(1) In general.--The Administrator, in consultation with
States that have approved National Pollutant Discharge
Elimination System programs, shall select not less than 15
eligible municipalities to participate in the pilot program.
(2) Eligible municipality.--An eligible municipality is a
county, city, town, township, or subdivision of a State or
local government that--
(A) qualifies as a National Pollutant Discharge
Elimination System permit holder or designee; or
(B) is a party to an administrative order,
administrative consent agreement, or judicial consent
decree to comply with the requirements of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(3) Selection factors.--
(A) In general.--In selecting the eligible
municipalities to participate in the pilot program, the
Administrator shall give priority to--
(i) eligible municipalities that are
operating under an administrative order,
administrative consent agreement, or judicial
consent decree to comply with the requirements
of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(ii) eligible municipalities that are
affected by affordability constraints in
planning and implementing control measures to
address wet weather discharges from wastewater
and stormwater facilities of the eligible
municipalities; and
(iii) eligible municipalities with a
history of knowledgeable, detailed, and
comprehensive efforts to develop integrated and
adaptive clean water management practices.
(B) Use of adaptive management approaches.--In
selecting eligible municipalities to participate in the
pilot program, the Administrator may give priority to
an eligible municipality that is seeking to develop and
implement an integrated plan that includes adaptive
approaches to account for changed or future uncertain
circumstances, including, at a minimum--
(i) the use of new innovative technical or
institutional approaches; and
(ii) the ability to adapt the integrated
plan in response to new regulatory requirements
and reductions in financial capability.
(d) Approval of Integrated Plans.--
(1) In general.--In approving the integrated plan of an
eligible municipality under the pilot program established under
subsection (a), the Administrator shall--
(A) account for the financial capability of the
eligible municipality to adequately address the
requirements of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) that apply to the eligible
municipality;
(B) prioritize the obligations of the eligible
municipality under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) according to the most
cost-effective and environmentally beneficial outcomes;
(C) account for the maintenance, operational, and
regulatory obligations of the eligible municipality;
and
(D) enable the eligible municipality to implement
innovative and flexible approaches to meet the
obligations of the eligible municipality under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(2) Additional authorities.--In carrying out the pilot
program established under subsection (a), the Administrator
may, in full coordination and mutual agreement with an eligible
municipality selected to participate in the pilot program--
(A) extend the allowable national pollutant
discharge elimination system permit term under section
402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) to a maximum of 25 years, and make
corresponding changes to any associated implementation
schedule;
(B) modify the implementation terms of a consent
decree entered into by the eligible municipality with
the Administrator pursuant to that Act; and
(C) provide additional regulatory flexibility under
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) in approving and implementing an integrated
plan that includes adaptive approaches in order to
encourage the innovation integral to such approaches.
(e) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter for 5 years, the
Administrator shall submit to Congress a report on the results of the
pilot program established under subsection (a), including a description
of the specific outcomes expected to be achieved that will reduce the
costs of complying with the requirements of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) for--
(1) eligible municipalities participating in the pilot
program; and
(2) eligible municipalities that are similarly situated but
not participating in the pilot program. | Clean Water Compliance and Affordability Act - Requires the Environmental Protection Agency (EPA) to carry out a pilot program to work with and facilitate the efforts of eligible municipalities to develop and implement integrated plans to meet wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by EPA in May 2012. Directs the EPA to select at least 15 municipalities to participate in the program. Sets forth eligibility and selection factors. Prescribes standards for approval of a municipality's integrated plan under the pilot program. Allows priority to be given to municipalities seeking to develop and implement approaches that adapt to changed or future uncertain circumstances. Authorizes the EPA to: (1) extend the allowable national pollutant discharge elimination system permit term to a maximum of 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Drug Policy Act of 1993''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on National Drug Policy''.
SEC. 3. DUTIES OF COMMISSION.
(a) Study.--The Commission shall conduct a study of the unlawful
production, distribution, and use of controlled substances, including--
(1) an investigation into the various causes of the
unlawful use in the United States of controlled substances and
the relative significance of the various causes;
(2) an evaluation of the efficacy of existing Federal laws
regarding the unlawful production, distribution, and use of
controlled substances, including the efficacy of Federal
minimum sentences for violations of the laws regarding the
unlawful sale and use of controlled substances;
(3) an analysis of the costs, benefits, risks, and
advantages of the present national policy regarding controlled
substances and of potential modifications of that policy,
including an analysis of what proportion of the funds dedicated
to combating the unlawful sale and use of controlled substances
should be devoted to--
(A) interdicting controlled substances entering the
United States unlawfully;
(B) enforcing Federal laws relating the unlawful
production, distribution, and use of controlled
substances;
(C) education and other forms of preventing the
unlawful use of controlled substances; or
(D) rehabilitating individuals who use controlled
substances unlawfully; and
(4) an analysis of methods of rehabilitation, including an
evaluation of the efficacy of current methods and suggestions
for new methods.
(b) Report.--Within 18 months after the date on which funds first
become available to carry out this Act, the Commission--
(1) shall submit to the President, the Speaker of the House
of Representatives, and the President pro tempore of the Senate
a comprehensive report on the study conducted under subsection
(a), and
(2) shall make the report available to the public upon
request.
The report shall include the Commission's conclusions and
recommendations which at least a majority of the Commission have agreed
upon and the Commission's proposals for legislation and administrative
action necessary to carry out the Commission's recommendations.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 13
members appointed as follows from among qualified individuals:
(1) By the president.--Five members appointed by the
President of the United States, not more than 3 of whom may be
members of the same political party.
(2) By leaders of the senate.--Two members each appointed
by the majority leader of the Senate and the minority leader of
the Senate, not more than 2 of whom shall be members of the
same political party.
(3) By leaders of the house.--Two members each appointed by
the Speaker of the House of Representatives and the minority
leader of the House of Representatives, not more than 2 of whom
shall be members of the same political party.
Appointments to the Commission shall be made not later than 60 days
after the date of the enactment of this Act.
(b) Qualifications.--For purposes of subsection (a), individuals
representing the professions that deal with those who produce,
distribute, and use controlled substances unlawfully are qualified to
be appointed to the Commission and individuals who hold an elected
Federal office are not qualified for appointment to the Commission.
Each appointing authority named in subsection (a) should consider
appointing individuals who are--
(1) law enforcement officials;
(2) physicians;
(3) social workers;
(4) judges and attorneys;
(5) Drug Enforcement Agency staff;
(6) drug rehabilitation counselors;
(7) religious leaders;
(8) community leaders from inner-city communities;
(9) educators; or
(10) individuals with academic expertise in issues
surrounding the unlawful production, distribution, and use of
controlled substances.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Vacancies.--A vacancy on the Commission resulting from the
death or resignation of a member shall not affect the powers of the
Commission. If a vacancy occurs on the Commission, a new member shall
be appointed in the same manner as the original member was appointed.
(e) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall be paid at a rate not to exceed
the daily equivalent of the maximum annual rate of pay for
grade GS-15 of the General Schedule in effect under section
5332 of title 5, United States Code, for each day (including
travel time) during which they are engaged in the performance
of the duties of the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission, except as provided in paragraph (3).
(3) Travel expenses.--While away from their homes or
regular places of business in the performance of the duties of
the Commission, members of the Commission shall be allowed
travel expenses, including a per diem allowance in lieu of
subsistence, in the same manner as persons employed
intermittently in Government service are allowed travel
expenses under sections 5703 of title 5, United States Code.
(f) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(g) Chairperson; Vice Chairperson.--At the time of appointment, the
President shall designate 1 of the members of the Commission as the
chairperson and 1 of the members of the Commission as the vice
chairperson.
(h) Meetings.--The Commission shall meet at the call of the
chairperson or a majority of the members of the Commission but not less
often than once a month.
SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment and pay.--The Commission may appoint and
fix the pay of personnel as it considers appropriate.
(2) Applicability of Certain Civil Service Laws.--The staff
of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service and may be paid without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates except that an individual so appointed may
not receive pay in excess of the maximum annual rate of pay for
grade GS-15 of the General Schedule in effect under section
5332 of title 5, United States Code.
(b) Experts and Consultants.--The Commission may procure temporary
or intermittent services under section 3109(b) of title 5, United
States Code, at a rate of pay not to exceed the daily equivalent of the
maximum annual rate of pay for grade GS-15 of the General Schedule in
effect under section 5332 of title 5, United States Code.
(c) Staff of Federal Agencies.--At the request of the Commission,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of that agency to the Commission to carry out this
Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--
(1) Authority.--To carry out this Act, the Commission may
hold the hearings, sit and act at the times and places, take
the testimony, and receive the evidence that the Commission
considers appropriate.
(2) Open meetings.--The Commission shall be considered an
agency for the purposes of section 552b of title 5, United
States Code, relating to the requirement that meetings of
Federal agencies be open to the public.
(3) Transcripts.--Transcripts of a hearing held under
paragraph (1) shall be published and shall be made available,
upon request, to the public within a reasonable time after the
conclusion of the hearing.
(b) Powers of Members and Agents.--If authorized by the Commission,
any member or agent of the Commission may take any action that the
Commission is authorized to take by this section.
(c) Obtaining Official Information.--
(1) Authority and procedure for obtaining information.--
Notwithstanding section 552a of title 5 or any other
restriction on the disclosure of information, the Commission
may secure directly from any Federal agency information
necessary to enable it to carry out this Act. At the request of
the chairperson of the Commission, the head of the agency shall
furnish the information to the Commission.
(2) Use and disclosure of information.--The Commission
shall be subject to the same restrictions regarding the use or
disclosure of any information obtained from any Federal agency
under this subsection as are applicable to the use or
disclosure of the information by the Federal agency from which
it is obtained.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Administrative Support Services.--At the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out this Act.
(f) Expenditures and Contracts.--The Commission may make
expenditures and enter into contracts for the procurement of the
supplies, services, and property the Commission considers appropriate
to carry out this Act. The aggregate amount of such expenditures and
contracts may be made only to the extent or in the amounts provided in
appropriations Acts.
SEC. 7. TERMINATION.
The Commission shall terminate 60 days after submitting the report
required by section 3(b).
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) Commission.--The term ``Commission'' means the
Commission on National Drug Policy established by section 2.
(2) Controlled substance.--The term ``controlled
substance'' means a controlled substance as defined by section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
(3) Distribute.--The term ``distribute'' means distribute
as defined by section 102(11) of the Controlled Substances Act
(21 U.S.C. 802(11)).
(4) Federal agency.--The term ``Federal agency'' means an
executive agency as defined by section 105 of title 5, United
States Code.
(5) Production.--The term ``production'' means production
as defined by section 102(22) of the Controlled Substances Act
(21 U.S.C. 802(22)). | National Drug Policy Act of 1993 - Establishes the Commission on National Drug Policy to study and report to the President and the Congress on the unlawful production, distribution, and use of controlled substances. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``First-Time Homebuyer Affordability
Act of 2001''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that--
(1) it is desirable to make funds available from individual
retirement plans to encourage first time home ownership, and
(2) the tax and penalty on the premature withdrawal of
funds from individual retirement plans are substantial
impediments to making such funds available for that purpose.
(b) Policy.--It is the policy of the Congress to remove impediments
to home investment by first-time homebuyers by permitting owners of
individual retirement plans to direct the trustees of such plans to
invest plan funds as home equity or debt in the homes of such owners or
in the home of family members who are first-time homebuyers.
SEC. 3. CERTAIN RETIREMENT PLANS AUTHORIZED TO MAKE EQUITY INVESTMENTS
IN PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS.
(a) Exemption From Prohibited Transaction Rules.--Section 4975 of
the Internal Revenue Code of 1986 (relating to tax on prohibited
transactions) is amended by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively, and by inserting after
subsection (g) the following new subsection:
``(h) Special Rule for Home Equity Participation Arrangements.--
``(1) In general.--The prohibitions provided in subsection
(c) shall not apply to any qualified home equity participation
arrangement to the extent that the amount paid to acquire the
ownership interest referred to paragraph (2)(A) does not exceed
$10,000.
``(2) Qualified home equity participation arrangement.--For
purposes of this subsection--
``(A) In general.--The term `qualified home equity
participation arrangement' means an arrangement--
``(i) under which the trustee of an
individual retirement plan, at the direction of
the eligible participant, shall acquire an
ownership interest in any dwelling unit which
within a reasonable period of time (determined
at the time the arrangement is executed) is to
be used as the principal residence for a first-
time homebuyer, and
``(ii) which meets the requirements of
subparagraph (B) of this paragraph.
``(B) Ownership interest requirement.--An
arrangement shall meet the requirements of this
subparagraph if the ownership interest described in
subparagraph (A)--
``(i) is a fee interest in such property
(and, in the case of an arrangement which is
not otherwise at arm's length, the trustee's
fee interest would be reasonable in an arm's
length arrangement),
``(ii) by its terms requires repayment in
full upon the sale or other transfer of the
dwelling unit, and
``(iii) may not be used as security for any
loan secured by any interest in the dwelling
unit.
``(3) Definitions.--For purposes of this subsection--
``(A) Eligible participant.--The term `eligible
participant' means an individual on whose behalf an
individual retirement plan is established.
``(B) First-time homebuyer.--The term `first-time
homebuyer' means an individual who--
``(i) is an eligible participant or
qualified family member, and
``(ii) had (and if married, such
individual's spouse had) no present ownership
interest in a principal residence at any time
during the 2-year period before the date of the
arrangement.
``(C) Qualified family member.--The term `qualified
family member' means a child (as defined in section
151(c)(3)), parent, or grandparent of the eligible
participant (or such participant's spouse). Section
152(b)(2) shall apply in determining if an individual
is a parent or grandparent of an eligible participant
(or such participant's spouse).
``(D) Acquisition; etc.--
``(i) Acquisition.--The term `acquisition'
includes construction, reconstruction, and
improvement related to such acquisition.
``(ii) Acquisition cost.--The term
`acquisition cost' has the meaning given such
term by section 143(k)(3).
``(E) Principal residence.--The term `principal
residence' has the same meaning as when used in section
121.''.
(b) Effective Date.--The amendment made by this section shall apply
to arrangements entered into after the date of the enactment of this
Act.
SEC. 4. LOANS USED TO ACQUIRE PRINCIPAL RESIDENCES FOR FIRST-TIME
HOMEBUYERS.
(a) Individual Retirement Plans.--Section 408(e) of the Internal
Revenue Code of 1986 (relating to tax treatment of accounts and
annuities) is amended by adding at the end thereof the following new
paragraph:
``(7) Loans used to purchase a home for first-time
homebuyers.--
``(A) In general.--Paragraph (3) shall not apply to
any qualified home purchase loan made by an individual
retirement plan.
``(B) Qualified home purchase loan.--For purposes
of this paragraph, the term `qualified home purchase
loan' means a loan--
``(i) made by the trustee of an individual
retirement plan at the direction of the
individual on whose behalf such plan is
established,
``(ii) the proceeds of which are used for
the acquisition of a dwelling unit which within
a reasonable period of time (determined at the
time the loan is made) is to be used as the
principal residence for a first-time homebuyer,
``(iii) which by its terms requires
interest on the loan to be paid not less
frequently than monthly,
``(iv) which by its terms requires
repayment in full not later than the earlier
of--
``(I) the date which is 15 years
after the date of acquisition of the
dwelling unit, or
``(II) the date of the sale or
other transfer of the dwelling unit,
``(v) which by its terms treats--
``(I) any amount required to be
paid under clause (iii) during any
taxable year which is not paid at the
time required to be paid, and
``(II) any amount remaining unpaid
as of the beginning of the taxable year
beginning after the period described in
clause (iv),
as distributed during such taxable year to the
individual on whose behalf such plan is
established and subject to section 72(t)(1),
and
``(vi) which bears interest from the date
of the loan at a rate not less than 2
percentage points below, and not more than 2
percentage points above, the rate for
comparable United States Treasury obligations
on such date.
Nothing in this paragraph shall be construed to require
such a loan to be secured by the dwelling unit.
``(C) Limitation on amount of loans.--The amount of
borrowings to which paragraph (3) does not apply by
reason of this paragraph shall not exceed $10,000.
``(D) Denial of interest deduction.--No deduction
shall be allowed under this chapter for interest on any
qualified home purchase loan.
``(E) Definitions.--For purposes of this
paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' has the meaning given
such term by section 4975(h)(3)(B).
``(ii) Acquisition.--The term `acquisition'
has the meaning given such term by section
4975(h)(3)(D)(i).
``(iii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 121.
``(iv) Date of acquisition.--The term `date
of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (B) applies is
entered into, or
``(II) on which construction,
reconstruction, or improvement of such
a principal residence is commenced.''.
(b) Prohibited Transaction.--Section 4975(d) of the Internal
Revenue Code of 1986 (relating to exemptions from tax on prohibited
transactions) is amended by striking ``or'' at the end of paragraph
(14), by striking the period at the end of paragraph (15) and inserting
``; or'', and by inserting after paragraph (15) the following new
paragraph:
``(16) any loan that is a qualified home purchase loan (as
defined in section 408(e)(7)(B)).''.
(c) Effective Date.--The amendments made by this section shall
apply to loans made after the date of the enactment of this Act. | First-Time Homebuyer Affordability Act of 2001 - Amends the Internal Revenue Code to make the tax on prohibited transactions inapplicable to a qualified home equity participation arrangement (one in which up to $10,000 in an individual retirement plan is used to acquire an ownership interest in a dwelling unit that is to be used as the principal residence for a first-time homebuyer). Requires such ownership interest to be a fee interest requiring full repayment. Defines "first-time homebuyer" as an individual on whose behalf an individual retirement plan is established (eligible participant) or a family member (child, parent, or grandparent) who had no present ownership interest in a principal residence during the two-year period before the date of the arrangement.Allows the use of amounts in an individual retirement plan to make loans of up to $10,000 to purchase a home for a first-time homebuyer on behalf of an eligible participant or a family member. Prohibits a related interest deduction. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``John R. Justice Prosecutors and
Defenders Incentive Act of 2007''.
SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3111. GRANT AUTHORIZATION.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as prosecutors
and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal or juvenile delinquency
cases (or both) at the State or local level, including
an employee who supervises, educates, or trains other
persons prosecuting such cases.
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is--
``(i) a full-time employee of a State or
local agency who provides legal representation
to indigent persons in criminal or juvenile
delinquency cases (or both), including an
attorney who supervises, educates, or trains
other persons providing such representation;
``(ii) a full-time employee of a nonprofit
organization operating under a contract with a
State or unit of local government, who devotes
substantially all of such full-time employment
to providing legal representation to indigent
persons in criminal or juvenile delinquency
cases (or both), including an attorney who
supervises, educates, or trains other persons
providing such representation; or
``(iii) employed as a full-time Federal
defender attorney in a defender organization
established pursuant to subsection (g) of
section 3006A of title 18, United States Code,
that provides legal representation to indigent
persons in criminal or juvenile delinquency
cases (or both).
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.);
``(B) a loan made under part D or E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq. and 1087aa et seq.); and
``(C) a loan made under section 428C or 455(g) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3 and
1087e(g)) to the extent that such loan was used to
repay a Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, or a loan made under
section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall, subject to
the availability of appropriations, establish a program by which the
Department of Justice shall assume the obligation to repay a student
loan, by direct payments on behalf of a borrower to the holder of such
loan, in accordance with subsection (d), for any borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Loan Repayment.--
``(1) Borrower agreement.--To be eligible to receive
repayment benefits under subsection (c), a borrower shall enter
into a written agreement with the Attorney General that
specifies that--
``(A) the borrower will remain employed as a
prosecutor or public defender for a required period of
service of not less than 3 years, unless involuntarily
separated from that employment;
``(B) if the borrower is involuntarily separated
from employment on account of misconduct, or
voluntarily separates from employment, before the end
of the period specified in the agreement, the borrower
will repay the Attorney General the amount of any
benefits received by such employee under this section;
and
``(C) if the borrower is required to repay an
amount to the Attorney General under subparagraph (B)
and fails to repay such amount, a sum equal to that
amount shall be recoverable by the Federal Government
from the employee (or such employee's estate, if
applicable) by such methods as are provided by law for
the recovery of amounts owed to the Federal Government.
``(2) Repayment by borrower.--
``(A) In general.--Any amount repaid by, or
recovered from, an individual or the estate of an
individual under this subsection shall be credited to
the appropriation account from which the amount
involved was originally paid.
``(B) Merger.--Any amount credited under
subparagraph (A) shall be merged with other sums in
such account and shall be available for the same
purposes and period, and subject to the same
limitations, if any, as the sums with which the amount
was merged.
``(C) Waiver.--The Attorney General may waive, in
whole or in part, a right of recovery under this
subsection if it is shown that recovery would be
against equity and good conscience or against the
public interest.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan
repayments made by the Attorney General under this
section shall be made subject to the availability of
appropriations, and subject to such terms, limitations,
or conditions as may be mutually agreed upon by the
borrower and the Attorney General in an agreement under
paragraph (1), except that the amount paid by the
Attorney General under this section shall not exceed--
``(i) $10,000 for any borrower in any
calendar year; or
``(ii) an aggregate total of $60,000 in the
case of any borrower.
``(B) Beginning of payments.--Nothing in this
section shall authorize the Attorney General to pay any
amount to reimburse a borrower for any repayments made
by such borrower prior to the date on which the
Attorney General entered into an agreement with the
borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Attorney General may, subject to paragraph (2), enter
into an additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a prosecutor or
public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--The Attorney General shall provide
repayment benefits under this section--
``(A) subject to the availability of
appropriations; and
``(B) in accordance with paragraph (2), except that
the Attorney General shall determine a fair allocation
of repayment benefits among prosecutors and defenders,
and among employing entities nationwide.
``(2) Priority.--In providing repayment benefits under this
section in any fiscal year, the Attorney General shall give
priority to borrowers--
``(A) who, when compared to other eligible
borrowers, have the least ability to repay their
student loans (considering whether the borrower is the
beneficiary of any other student loan repayment
program), as determined by the Attorney General; or
``(B) who--
``(i) received repayment benefits under
this section during the preceding fiscal year;
and
``(ii) have completed less than 3 years of
the first required period of service specified
for the borrower in an agreement entered into
under subsection (d).
``(g) Regulations.--The Attorney General is authorized to issue
such regulations as may be necessary to carry out the provisions of
this section.
``(h) Report by Inspector General.--Not later than 3 years after
the date of the enactment of this section, the Inspector General of the
Department of Justice shall submit to Congress a report on--
``(1) the cost of the program authorized under this
section; and
``(2) the impact of such program on the hiring and
retention of prosecutors and public defenders.
``(i) GAO Study.--Not later than one year after the date of the
enactment of this section, the Comptroller General shall conduct a
study of, and report to Congress on, the impact that law school
accreditation requirements and other factors have on the costs of law
school and student access to law school, including the impact of such
requirements on racial and ethnic minorities.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 2008 through 2013.''.
Passed the House of Representatives May 15, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | John R. Justice Prosecutors and Defenders Incentive Act of 2007 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to add a program for student loan repayment for prosecutors and public defenders.
Defines "prosecutor" as a full-time state or local agency employee who: (1) is continually licensed to practice law; and (2) prosecutes criminal or juvenile delinquency cases, including an employee who supervises, educates, or trains other attorneys prosecuting such cases.
Defines "public defender" as a licensed attorney who is a full-time state or local agency employee or a full-time employee of a nonprofit organization who provides legal representation to indigent persons in criminal or juvenile delinquency cases, including an attorney who supervises, educates, or trains other attorneys to provide such representation. Includes in such definition a full-time federal defender attorney.
Directs the Attorney General to establish a program to assume the obligation to repay the student loans of any borrowers who are employed as prosecutors or public defenders and who are not in default on their loans. Sets forth requirements for such program, including that: (1) the borrower will remain employed as a prosecutor or public defender for not less than three years; and (2) the borrower will repay to the Attorney General any repayment benefits received if the borrower is fired from employment for misconduct or voluntarily separates from employment.
Limits the amount payable under such program for any borrower to $10,000 per year andan aggregate total of $60,000.
Authorizes the Attorney General to enter into subsequent agreements with a borrower for another three-year period or a lesser period.
Requires the Attorney General to give priority in granting repayment benefits to borrowers who have the least ability to repay their loans.
Authorizes the Attorney General to issue regulations to carry out this Act.
Requires the Inspector General of the Department of Justice to report to Congress on the cost of loan repayment program under this Act and the impact of such program on the hiring and retention of prosecutors and public defenders.
Directs the Comptroller General to study and report to Congress on the impact of law school accreditation requirements and other factors on law school costs and access, including the impact of such requirements on racial and ethnic minorities.
Authorizes appropriations for FY2008-FY2013. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Protection Act of
2006''.
SEC. 2. PROTECTION OF DATA THROUGH SECURITY FREEZE.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B (relating to block
resulting from identity theft) the following new section:
``Sec. 605C. Protection of data through security freeze
``(a) In General.--
``(1) Emplacement.--A consumer may place a security freeze
on the consumer report of the consumer by making a request to a
consumer reporting agency in writing or by telephone.
``(2) Consumer disclosure.--If a consumer requests a
security freeze, the consumer reporting agency shall disclose
to the consumer the process of placing and removing the
security freeze and explain to the consumer the potential
consequences of the security freeze.
``(b) Effect of Security Freeze.--
``(1) Release of information blocked.--If a security freeze
is in place on a consumer report of a consumer, a consumer
reporting agency may not release the consumer report or
information from the consumer report to a third party without
prior express authorization from the consumer.
``(2) Information provided to third parties.--Paragraph (2)
shall not be construed as preventing a consumer reporting
agency from advising a third party that a security freeze is in
effect with respect to a consumer report of a consumer.
``(3) Treatment as incomplete application.--If a third
party, in connection with an application for credit, requests
access to a consumer report on which a security freeze is in
place, the third party may treat the application as incomplete.
``(c) Removal; Temporary Suspension.--
``(1) In general.--Except as provided in paragraph (4), a
security freeze shall remain in place until the consumer
requests that the security freeze be removed. A consumer may
remove a security freeze on the consumer report of the consumer
by making a request to a consumer reporting agency in writing
or by telephone.
``(2) Conditions.--A consumer reporting agency may remove a
security freeze placed on the consumer report of a consumer
only--
``(A) upon the consumer's request, pursuant to
paragraph (1); or
``(B) if the agency determines that the consumer
report of a consumer was frozen due to a material
misrepresentation of fact by the consumer.
``(3) Notification to consumer.--If a consumer reporting
agency intends to remove a freeze upon the consumer report of a
consumer pursuant to paragraph (2)(B), the consumer reporting
agency shall notify the consumer in writing prior to removing
the freeze on the consumer report.
``(4) Temporary suspension.--A consumer may have a security
freeze on the consumer report of the consumer temporarily
suspended by making a request to a consumer reporting agency in
writing or by telephone and specifying beginning and ending
dates for the period during which the security freeze is not to
apply to the consumer report of the consumer.
``(d) Response Times; Notification of Other Entities.--
``(1) In general.--A consumer reporting agency shall--
``(A) place a security freeze on the consumer
report of a consumer under subsection (a) not later
than 5 business days after receiving a request from the
consumer under subsection (a)(1); and
``(B) remove, or temporarily suspend, a security
freeze within 3 business days after receiving a request
for removal or temporary suspension from the consumer
under subsection (c).
``(2) Notification of other covered entities.--If the
consumer requests in writing or by telephone that other covered
entities be notified of the request, the consumer reporting
agency shall notify all other consumer reporting agencies
described in section 603(p)(1) of the request within 3 days
after placing, removing, or temporarily suspending a security
freeze on the consumer report of the consumer under subsection
(a), (c)(2)(A), or (c)(4), respectively.
``(3) Implementation by other covered entities.--A consumer
reporting agency that is notified of a request under paragraph
(2) to place, remove, or temporarily suspend a security freeze
on a consumer report of a consumer shall place, remove, or
temporarily suspend the security freeze on that consumer report
within 3 business days after receiving the notification.
``(e) Confirmation.--
``(1) In general.--Whenever a consumer reporting agency
places, removes, or temporarily suspends a security freeze on
the consumer report of a consumer at the request of that
consumer under subsection (a) or (c), respectively, the
consumer reporting agency shall send a written confirmation of
such action to the consumer within 10 business days after
placing, removing, or temporarily suspending the security
freeze on the consumer report.
``(2) Exception.--This subsection shall not apply to the
placement, removal, or temporary suspension of a security
freeze by a consumer reporting agency because of a notification
received under subsection (d)(2).
``(f) ID Required.--A consumer reporting agency may not place,
remove, or temporarily suspend a security freeze on the consumer report
of a consumer at the consumer's request unless the consumer provides
proper identification (within the meaning of section 610(a)(1)) and the
regulations prescribed under such subsection.
``(g) Exceptions.--This section shall not apply to the use of a
consumer credit report by any of the following:
``(1) A person or entity, or a subsidiary, affiliate, or
agent of that person or entity, or an assignee of a financial
obligation owing by the consumer to that person or entity, or a
prospective assignee of a financial obligation owing by the
consumer to that person or entity in conjunction with the
proposed purchase of the financial obligation, with which the
consumer has or had prior to assignment an account or contract,
including a demand deposit account, or to whom the consumer
issued a negotiable instrument, for the purposes of reviewing
the account or collecting the financial obligation owing for
the account, contract, or negotiable instrument.
``(2) Any Federal, State or local agency, law enforcement
agency, trial court, or private collection agency acting
pursuant to a court order, warrant, or subpoena.
``(3) A child support agency or its agents or assigns
acting pursuant to subtitle D of title IV of the Social
Security Act or similar State law.
``(4) The Department of Health and Human Services, a
similar State agency, or the agents or assigns of the Federal
or State agency acting to investigate medicare or medicaid
fraud.
``(5) The Internal Revenue Service or a State or municipal
taxing authority, or a State department of motor vehicles, or
any of the agents or assigns of these Federal, State, or
municipal agencies acting to investigate or collect delinquent
taxes or unpaid court orders or to fulfill any of their other
statutory responsibilities.
``(6) The use of consumer credit information for the
purposes of prescreening as provided under this title.
``(7) Any person or entity administering a credit file
monitoring subscription to which the consumer has subscribed.
``(8) Any person or entity for the purpose of providing a
consumer with a copy of his or her credit report or credit
score upon the consumer's request.
``(h) Fees.--
``(1) In general.--
``(A) Certain reasonable fees allowed.--Except as
provided in paragraph (2), a consumer reporting agency
may charge a reasonable fee, as determined by the
Commission, for placing or temporarily suspending a
security freeze on the consumer report of a consumer.
``(B) Factors to be considered.--In considering
what is reasonable for the purpose of subparagraph (A),
the Commission shall consider the prevailing fees
permitted by State law immediately before the date of
the enactment of the Identity Theft Protection Act of
2006.
``(C) Fee for removal of freeze prohibited.--No fee
may be charged for removal of a security freeze.
``(2) ID theft victims.--A consumer reporting agency may
not charge a fee for placing, removing, or temporarily
suspending a security freeze on the consumer report of a
consumer if--
``(A) the consumer--
``(i) is a victim of identity theft; and
``(ii) has filed a police report,
investigative report, or complaint made to a
police department with respect to the theft; or
``(B) the consumer is the recipient of a notice
that a breach of data security has occurred with
respect to information of the consumer that is required
by law to be maintained securely and in confidence.
``(i) Limitation on Information Changes in Frozen Reports.--
``(1) In general.--If a security freeze is in place on the
consumer report of a consumer, a consumer reporting agency may
not change any of the following official information in that
consumer report without sending a written confirmation of the
change to the consumer within 30 days after the change is made:
``(A) Name.
``(B) Date of birth.
``(C) Social Security number.
``(D) Address.
``(2) Confirmation.--
``(A) In general.--Paragraph (1) shall not be
construed as requiring written confirmation for
technical modifications of a consumer's official
information, including name and street abbreviations,
complete spellings, or transposition of numbers or
letters.
``(B) Old and new addresses.--In the case of an
address change, the written confirmation shall be sent
to both the new address and to the former address.
``(j) Certain Entity Exemptions.--
``(1) Aggregators and other agencies.--The provisions of
subsections (a) through (h) shall not apply to a consumer
reporting agency that acts only as a reseller of credit
information by assembling and merging information contained in
the data base of another consumer reporting agency or multiple
consumer reporting agencies, and does not maintain a permanent
data base of consumer information from which new consumer
reports are produced.
``(2) Other exempted entities.--The following entities
shall not be required to place a security freeze in a consumer
report under this section:
``(A) A check services or fraud prevention services
company, which issues reports on incidents of fraud or
authorizations for the purpose of approving or
processing negotiable instruments, electronic funds
transfers, or similar methods of payments.
``(B) A deposit account information service
company, which issues reports regarding account
closures due to fraud, substantial overdrafts,
automated teller machine abuse, or similar negative
information regarding a consumer, to inquiring
depository institutions or other financial institutions
for use only in reviewing a consumer request for a
deposit account at the inquiring depository institution
or other financial institution.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect at the end of the 6-month period beginning on the date of
the enactment of this Act. | Identity Theft Protection Act of 2006 - Amends the Fair Credit Reporting Act to permit a consumer to request a consumer reporting agency to place a security freeze upon his consumer report.
Prohibits a consumer reporting agency, if a security freeze is in place, from releasing a consumer report to a third party without prior express authorization from the consumer.
Prescribes procedures for removal and temporary suspension of a security freeze.
Requires a consumer reporting agency to notify the consumer in writing before removing the security freeze.
Identifies specified entities, including governmental agencies, to which these prohibitions and requirements do not apply.
Permits a consumer reporting agency to charge a reasonable fee for placing or temporarily suspending a security freeze on a consumer report.
Prohibits a consumer reporting agency from charging a fee for placing, removing, or temporarily suspending a security freeze if a consumer: (1) has either filed a police report, or made a complaint to a police department concerning identity theft; or (2) has received notice that a breach of data security has occurred with respect to information required by law to be maintained securely and in confidence.
Exempts specified entities from this Act, including certain aggregators and other agencies acting only as resellers of credit information which do not maintain a permanent data base of consumer information from which new consumer reports are produced. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Financial Policy
Committee For Fair Capital Standards Act''.
SEC. 2. UNITED STATES FINANCIAL POLICY COMMITTEE.
(a) Establishment.--There is hereby established an inter-agency
committee, to be known as the ``United States Financial Policy
Committee'' (hereafter in this Act referred to as the ``Committee''),
which shall consist of--
(1) the Secretary of the Treasury, who shall serve as the
Chairperson of the Committee;
(2) the Chairman of the Board of Governors of the Federal
Reserve System;
(3) the Comptroller of the Currency; and
(4) the Chairperson of the Federal Deposit Insurance
Corporation.
(b) Purpose.--The purpose of the Committee is to develop uniform
United States positions on proposals made to, and issues before, the
Basel Committee on Banking Supervision that, if implemented, may
directly or indirectly affect United States financial institutions.
(c) Meetings.--The Committee shall meet before any meeting of the
Basel Committee on Banking Supervision and any other time the
Chairperson or any member of the Committee calls for a meeting.
(d) Adherence to Committee Position.--
(1) In general.--Each member of the Committee that is a
participant on the Basel Committee on Banking Supervision shall
adhere to the positions of the Committee in any negotiations of
the Basel Committee on Banking Supervision.
(2) Lack of uniform position.--If the members of the
Committee that are participants on the Basel Committee on
Banking Supervision are unable to agree on a uniform position
on an issue, the position of the Secretary of the Treasury
shall be determinative for purposes of paragraph (1) with
respect to such issue.
(e) Reports to the Congress.--
(1) Annual report.--
(A) In general.--The Committee shall submit an
annual report to the Congress on the proceedings of the
Committee during the period covered by the report.
(B) Contents of report.--The report shall include--
(i) a brief description of issues that were
addressed by the Committee;
(ii) a brief description of the uniform
positions developed by the Committee with
respect to such issues; and
(iii) in the case of any issue for which a
uniform policy was not agreed to, a brief
description of the positions of the parties to
the disagreement and an explanation of the
reasons why the parties could not reach an
agreement.
(2) Reports to the congress prior to agreement on any basel
accord.--
(A) In general.--No Federal banking agency (as
defined in section 3(z) of the Federal Deposit
Insurance Act) may agree to any proposed recommendation
of the Basel Committee on Banking Supervision before
the agency submits a report on the proposed
recommendation to the Congress.
(B) Consultations.--The head of any Federal banking
agency that submits a report to the Congress under
subparagraph (A) shall consult with the Congress
concerning the proposal.
(3) Evaluation of new basel capital accord before report.--
Before submitting a report to the Congress under paragraph (2)
with respect to the New Basel Capital Accord, as revised
through the Third Consultative Paper published on April 29,
2003, or any subsequent revisions or final agreement, the
Federal banking agencies (as defined in section 3(z) of the
Federal Deposit Insurance Act), in consultation with the
Secretary of the Treasury, shall evaluate the impact of the
revised Capital Accord, taking into account the following
factors, and shall include such evaluation in the report:
(A) The cost and complexity of the proposal.
(B) The impact of the proposal on small, medium,
and large financial institutions.
(C) The impact of the proposal on real estate
markets.
(D) The effect of an operational risk capital
standard on the resilience of the Nation's financial
system and competition.
(E) The impact of the proposal on competition
between banks and other financial institutions.
(F) The need for additional training for
supervision and examination personnel.
(G) Any comments filed by the public after notice
and an opportunity to comment for a period of not less
than 60 days.
(H) The relative impact of compliance by domestic
banks.
(f) Administrative Support Services.--Each agency represented on
the Committee shall provide such administrative support services as may
be necessary for the Committee to carry out its responsibilities under
this Act. | United States Financial Policy Committee For Fair Capital Standards Act - Establishes an inter-agency United States Financial Policy Committee to develop uniform U.S. positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect U.S. financial institutions.
Prohibits any Federal banking agency from agreeing to any proposed recommendation of the Basel Committee before the agency reports on it to the Congress.
Requires such agencies, before reporting to Congress with respect to the New Basel Capital Accord, as revised through the Third Consultative Paper published on April 29, 2003, or any subsequent revisions or final agreement, to evaluate its impact, taking specified factors into account. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced New Markets and Expanded
Investment in Renewable Energy for Small Manufacturers Act of 2009''.
TITLE I--ENHANCED 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 describing any
expansion of the New Markets Venture Capital Program as a result of
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 promotion of nationwide distribution under
subsection (c) and shall, to the extent practicable, approve at least
one company from each geographic region of the Small Business
Administration.''.
SEC. 103. INCREASED INVESTMENT IN SMALL BUSINESS CONCERNS ENGAGED
PRIMARILY IN MANUFACTURING.
(a) Developmental Venture Capital and Participation Agreements.--
Section 351 of the Small Business Investment Act of 1958 (15 U.S.C.
689) is amended--
(1) in paragraph (1) by inserting after ``geographic
areas'' the following: ``or encouraging the growth or
continuation of small business concerns located in low-income
geographic areas and engaged primarily in manufacturing''; and
(2) in paragraph (6)(B) by inserting after ``geographic
areas'' the following: ``or in small business concerns located
in low-income geographic areas at least 80 percent of which are
engaged primarily in manufacturing''.
(b) Purposes.--Section 352(2) of the Small Business Investment Act
of 1958 (15 U.S.C. 689a(2)) is amended--
(1) in the matter preceding subparagraph (A) by inserting
after ``geographic areas'' the following: ``and small business
concerns located in low-income geographic areas and engaged
primarily in manufacturing'';
(2) in subparagraph (B) by inserting after ``geographic
areas'' the following: ``or in small business concerns located
in low-income geographic areas and engaged primarily in
manufacturing''; and
(3) in subparagraph (C) by inserting after ``smaller
enterprises'' the following: ``and small business concerns''.
(c) Eligibility, Applications, and Requirements for Final
Approval.--Section 354 of the Small Business Investment Act of 1958 (15
U.S.C. 689c), as amended by this Act, is further amended--
(1) in subsection (a)(3) by inserting after ``geographic
areas'' the following: ``or investing in small business
concerns located in low-income geographic areas and engaged
primarily in manufacturing'';
(2) in subsection (b)--
(A) in paragraph (1) by inserting after
``geographic areas'' the following: ``or in small
business concerns located in low-income geographic
areas and engaged primarily in manufacturing''; and
(B) in paragraph (4) by inserting after ``smaller
enterprises'' the following: ``or small business
concerns''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Each'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), each''; and
(ii) by adding at the end the following:
``(B) Small business concerns engaged primarily in
manufacturing.--Each conditionally approved company
engaged primarily in development of and investment in
small business concerns located in low-income
geographic areas and engaged primarily in manufacturing
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 met criteria established by the
Administrator.''; and
(B) in paragraph (2)(A) by inserting after
``smaller enterprises'' the following: ``or small
business concerns''.
(d) Operational Assistance Grants.--Section 358 of the Small
Business Investment Act of 1958 (15 U.S.C. 689g) is amended--
(1) in subsection (a)(1) by inserting after ``smaller
enterprises'' the following: ``and small business concerns'';
and
(2) in subsection (b)(1) by inserting after ``smaller
enterprises'' the following: ``and small business concerns''.
SEC. 104. EXPANDED USES FOR OPERATIONAL ASSISTANCE IN MANUFACTURING.
Section 351 of the Small Business Investment Act of 1958 (15 U.S.C.
689), as amended by this Act, is further amended in paragraph (5) by
inserting after ``business development'' the following: ``or assistance
that assists a small business concern located in a low-income
geographic area and engaged primarily in manufacturing with retooling,
updating, or replacing machinery or equipment''.
SEC. 105. UPDATING DEFINITION OF LOW-INCOME GEOGRAPHIC AREA.
Section 351 of the Small Business Investment Act of 1958 (15 U.S.C.
689), as amended by this Act, is further 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 meaning given the term `low-income
community' in section 45D(e) of the Internal Revenue Code of
1986.''; and
(3) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
SEC. 106. EXPANDING OPERATIONAL ASSISTANCE 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 the provisions of
this paragraph, 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 receive final approval under section 354(e), 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 such grant
from the amount of any immediately succeeding grant the
company receives for operational assistance.
``(D) Amount of grant.--No company may receive a
grant of more than $50,000 under this paragraph.''.
SEC. 107. 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''.
SEC. 108. 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 a New Markets Venture Capital company final
approval application under section 354(e) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator shall
ensure that the standard documents are designed to substantially reduce
the cost burden of the application process for companies.
SEC. 109. 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. 110. 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 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. 111. AUTHORIZATION OF APPROPRIATIONS AND ENHANCED ALLOCATION FOR
SMALL MANUFACTURING.
Section 368(a) of the Small Business Investment Act of 1958 (15
U.S.C. 689q(a)) is amended--
(1) in the matter preceding paragraph (1) by striking
``fiscal years 2001 through 2006'' and inserting ``fiscal years
2010 and 2011'';
(2) in paragraph (1)--
(A) by striking ``$150,000,000'' and inserting
``$100,000,000''; and
(B) by inserting before the period at the end the
following: ``, of which not less than 50 percent shall
be used to guarantee debentures of companies engaged
primarily in development of and investment in small
business concerns located in low-income geographic
areas and engaged primarily in manufacturing''; and
(3) in paragraph (2)--
(A) by striking ``$30,000,000'' and inserting
``$20,000,000''; and
(B) by inserting before the period at the end the
following: ``, of which not less than 50 percent shall
be used to make grants to companies engaged primarily
in development of and investment in small business
concerns located in low-income geographic areas and
engaged primarily in manufacturing''.
TITLE II--EXPANDED INVESTMENT IN SMALL BUSINESS RENEWABLE ENERGY
SEC. 201. EXPANDED INVESTMENT IN RENEWABLE ENERGY.
Part C of title III of the Small Business Investment Act of 1958
(15 U.S.C. 690 et seq.) is amended--
(1) in the heading by striking ``renewable fuel capital
investment'' and inserting ``renewable energy capital
investment'';
(2) in the heading of paragraph (4) of section 381 by
striking ``Renewable fuel capital investment'' and inserting
``Renewable energy capital investment'';
(3) in the heading of section 384 by striking ``renewable
fuel capital investment'' and inserting ``renewable energy
capital investment''; and
(4) by striking ``Renewable Fuel Capital Investment'' each
place it appears and inserting ``Renewable Energy Capital
Investment''.
SEC. 202. RENEWABLE ENERGY CAPITAL INVESTMENT PROGRAM MADE PERMANENT.
Part C of title III of the Small Business Investment Act of 1958
(15 U.S.C. 690 et seq.), as amended by this Act, is further amended--
(1) in the heading by striking ``pilot''; and
(2) by striking section 398.
SEC. 203. EXPANDED ELIGIBILITY FOR SMALL BUSINESSES.
Part C of title III of the Small Business Investment Act of 1958
(15 U.S.C. 690 et seq.), as amended by this Act, is further amended by
striking ``smaller enterprises'' each place it appears and inserting
``small business concerns''.
SEC. 204. EXPANDED USES FOR OPERATIONAL ASSISTANCE IN MANUFACTURING AND
SMALL BUSINESSES.
Section 381(1) of the Small Business Investment Act of 1958 (15
U.S.C. 690(1)) is amended by inserting after ``business development''
the following: ``, assistance that assists a small business concern to
reduce energy consumption, or assistance that assists a small business
concern engaged primarily in manufacturing with retooling, updating, or
replacing machinery or equipment''.
SEC. 205. EXPANSION OF RENEWABLE ENERGY CAPITAL INVESTMENT PROGRAM.
(a) Administration Participation Required.--Section 383 of the
Small Business Investment Act of 1958 (15 U.S.C. 690b) 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 describing any
expansion of the Renewable Energy Capital Investment Program as a
result of this section.
SEC. 206. SIMPLIFIED FEE STRUCTURE TO EXPEDITE IMPLEMENTATION.
Section 387(a) of the Small Business Investment Act of 1958 (15
U.S.C. 690f(a)) is amended by striking ``or grant''.
SEC. 207. INCREASED OPERATIONAL ASSISTANCE GRANTS.
Section 397(a) of the Small Business Investment Act of 1958 (15
U.S.C. 690p(a)) is amended by inserting after ``and 2009'' the
following: ``and $30,000,000 in such grants for each of fiscal years
2010 and 2011''.
SEC. 208. AUTHORIZATIONS OF APPROPRIATIONS.
Section 397 of the Small Business Investment Act of 1958 (15 U.S.C.
690p) is amended--
(1) in the heading by inserting after ``appropriations''
the following: ``and program levels''; and
(2) by adding at the end the following:
``(c) Program Levels.--For the programs authorized by this part,
the Administration is authorized to make $1,000,000,000 in guarantees
of debentures for each of fiscal years 2010 and 2011.''. | Enhanced New Markets and Expanded Investment in Renewable Energy for Small Manufacturers Act of 2009 - 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 (program) (a program under which investment companies provide capital financing to small businesses).
Requires the Administrator, in selecting companies for program participation, to approve at least one company from each SBA geographic region.
Provides for new market capital venture investment in, as well as operational assistance to, small businesses located in low-income geographic areas and engaged primarily in manufacturing.
Makes the SBA definition of "low-income geographic area" the same as the definition of "low-income community" under the Internal Revenue Code.
Expands SBA operational assistance to conditionally-approved companies. Directs the Administrator to grant each such company two years to satisfy capital and other requirements for such assistance.
Provides: (1) a streamlined application process for new market venture capital companies; and (2) a simplified formula for operational assistance grants.
Increases amounts allocated for investment in small businesses located in low-income geographic areas and engaged primarily in manufacturing.
Redesignates (thereby expanding) the SBA's renewable fuel capital investment program as the renewable energy capital investment program. Makes such program permanent (currently a pilot program). Makes eligible under such program all small businesses (under current law, only smaller enterprises). Requires (under current law, authorizes) the Administrator to participate in such program. Increases amounts allocated for operational assistance grants for renewable energy purposes. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lechuguilla Cave Protection Act of
1993''.
SEC. 2. FINDING.
Congress finds that Lechuguilla Cave and adjacent public lands have
internationally significant scientific, environmental, and other values,
and should be retained in public ownership and protected against adverse
effects of mineral exploration and development and other activities
presenting threats to the areas.
SEC. 3. LAND WITHDRAWAL.
(a) Withdrawal.--Subject to valid existing rights, all Federal lands
within the boundaries of the cave protection area described in
subsection (b) are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from location,
entry, and patent under the United States mining laws; and from
disposition under all laws pertaining to mineral and geothermal leasing,
and all amendments thereto.
(b) Land Description.--The cave protection area referred to in
subsection (a) shall consist of approximately 6,280 acres of lands in
New Mexico as generally depicted on the map entitled ``Lechuguilla Cave
Protection Area'' numbered 130/80,055 and dated April 1993.
(c) Publication, Filing, Correction, and Inspection.--(1) As soon as
practicable after the date of enactment of this Act, the Secretary of
the Interior (hereinafter referred to as the ``Secretary'') shall
publish in the Federal Register the legal description of the lands
withdrawn under subsection (a) and shall file such legal description and
a detailed map with the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources of the
United States House of Representatives.
(2) Such 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.
(3) Copies of such map and legal description shall be available for
inspection in the appropriate offices of the Bureau of Land Management.
SEC. 4. MANAGEMENT OF EXISTING LEASES.
(a) Suspension.--The Secretary shall not permit any new drilling on
or involving any Federal mineral or geothermal lease within the cave
protection area referred to in section 3(a) until the effective date of
the Record of Decision for the Dark Canyon Environmental Impact
Statement, or for 12 months after the date of enactment of this Act,
whichever occurs first.
(b) Authority To Cancel Existing Mineral or Geothermal Leases.--Upon
the effective date of the Record of Decision for the Dark Canyon
Environmental Impact Statement and in order to protect Lechuguilla Cave
or other cave resources, the Secretary is authorized to--
(1) cancel any Federal mineral or geothermal lease in the cave
protection area referred to in section 3(a); or
(2) enter into negotiations with the holder of a Federal mineral
or geothermal lease in the cave protection area referred to in
section 3(a) to determine appropriate compensation, if any, for the
complete or partial termination of such lease.
SEC. 5. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.
(a) In General.--In order to protect Lechuguilla Cave or Federal
lands within the cave protection area, the Secretary, subject to valid
existing rights, may limit or prohibit access to or across lands owned
by the United States or prohibit the removal from such lands of any
mineral, geological, or cave resources: Provided, That existing access
to private lands within the cave protection area shall not be affected
by this subsection.
(b) No Effect on Pipelines.--Nothing in this title shall have the
effect of terminating any validly issued right-of-way, or customary
operation, maintenance, repair, and replacement activities in such
right-of-way; prohibiting the upgrading of and construction on existing
facilities in such right-of-way for the purpose of increasing capacity
of the existing pipeline; or prohibiting the renewal of such right-of-
way within the cave protection area referred to in section 3(a).
(c) Relation to Other Laws.--Nothing in this Act shall be construed
as increasing or diminishing the ability of any party to seek
compensation pursuant to other applicable law, including but not limited
to the Tucker Act (28 U.S.C. 1491), or as precluding any defenses or
claims otherwise available to the United States in connection with any
action seeking such compensation from the United States.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated such sums as may be
necessary to carry out this Act: Provided, That no funds shall be made
available except to the extent, or in such amounts as are provided in
advance in appropriation Acts.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Lechuguilla Cave Protection Act of 1993 - Withdraws all Federal lands within the boundaries of the Lechuguilla Cave Protection Area, New Mexico, from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under U.S. mining laws, and from disposition under all mineral and geothermal leasing laws.
Prohibits the Secretary of the Interior from permitting any new drilling within the Protection Area until the earlier of the effective date of the Record of Decision for the Dark Canyon Environmental Impact Statement or 12 months after enactment of this Act.
Authorizes the Secretary to cancel any Federal mineral or geothermal lease in the Protection Area or to enter into negotiations with the holder of the lease to determine appropriate compensation, for the complete or partial termination of such lease.
Authorizes the Secretary to limit or prohibit access to or across Federal lands or prohibit the removal of any mineral, geological, or cave resources from such lands in order to protect Lechuguilla Cave or Federal lands within the Protection Area. Provides that access to private lands within the Protection Area shall not be affected by this Act.
Authorizes appropriations. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save America's Biotechnology
Innovative Research Act of 2005'' or ``SABIR Act''.
SEC. 2. ELIGIBILITY FOR PARTICIPATION IN SMALL BUSINESS INNOVATION
RESEARCH PROGRAM.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638) is amended by adding at the end the following new subsection:
``(x) Eligibility for Participation in SBIR Program.--
``(1) In general.--To be eligible to receive an award under
the SBIR program, a business concern--
``(A) shall have not more than 500 employees; and
``(B) shall be owned in accordance with one of the
ownership requirements described in paragraph (2).
``(2) Ownership requirements.--The ownership requirements
referred to in paragraph (1) are the following:
``(A) The business concern is--
``(i) at least 51 percent owned and
controlled by individuals or eligible venture
capital companies, who are citizens of or
permanent resident aliens in the United States;
and
``(ii) not more than 49 percent owned and
controlled by a single eligible venture capital
company (or group of commonly-controlled
eligible venture capital companies).
``(B) The business concern is at least 51 percent
owned and controlled by another business concern that
is itself at least 51 percent owned and controlled by
individuals who are citizens of or permanent resident
aliens in the United States.
``(C) The business concern is a joint venture in
which each entity to the joint venture meets one of the
ownership requirements under this paragraph.
``(3) Employee defined.--For purposes of paragraph (1)(A),
the term `employee' means an individual employed by the
business concern and does not include--
``(A) an individual employed by an eligible venture
capital company providing financing to the business
concern; or
``(B) an individual employed by any entity in which
the eligible venture capital company is invested other
than that business concern.
``(4) Treatment of other forms of ownership.--
``(A) Stock option ownership.--For purposes of this
subsection, in the case of a business concern owned in
whole or in part by an employee stock option plan, each
stock trustee or plan member shall be deemed to be an
owner.
``(B) Trust ownership.--For purposes of this
subsection, in the case of a business concern owned in
whole or in part by a trust, each trustee or trust
beneficiary shall be deemed to be an owner.
``(5) Exception for start-up concerns.--Notwithstanding
paragraphs (1) through (4), any business concern that is a
start-up concern shall be eligible to receive funding under the
SBIR program.''.
(b) Definitions.--Section 9(e) of the Small Business Act (15 U.S.C.
638(e)) is amended by adding at the end the following new paragraphs:
``(9) The term `eligible venture capital company' means a
business concern--
``(A) that--
``(i) is a Venture Capital Operating
Company, as that term is defined in regulations
promulgated by the Secretary of Labor; or
``(ii) is an entity that--
``(I) is registered under the
Investment Company Act of 1940 (15
U.S.C. 80a-51 et seq.); or
``(II) is an investment company, as
defined in section 3(c)(14) of such Act
(15 U.S.C. 80a-3(c)(14)), which is not
registered under such Act because it is
beneficially owned by less than 100
persons; and
``(B) that is not controlled by any business
concern that is not a small business concern within the
meaning of section 3.
``(10) The term `start-up concern' means a business concern
that--
``(A) for at least 2 of the 3 preceding fiscal
years has had--
``(i) sales of not more than $3,000,000; or
``(ii) no positive cash flow from
operations; and
``(B) is not formed to acquire any business concern
other than a small business concern that meets the
requirement under subparagraph (A).''.
(c) Regulations.--Before the date that is 90 days after the date of
the enactment of this Act, the Administrator of the Small Business
Administration shall--
(1) in accordance with the exceptions to public rulemaking
under section 553(b)(A) and (B) of title 5, United States Code,
promulgate regulations to implement the provisions of this Act;
(2) publish in the Federal Register a notification of the
changes in eligibility for participation in the Small Business
Innovation Research program made by this Act; and
(3) communicate such changes to Federal agencies that award
grants under the Small Business Innovation Research program.
(d) Effective Date.--The amendments made by this Act shall apply
with respect to any business concern that participates in the Small
Business Innovation Research program on or after the date of the
enactment of this Act. | Save America's Biotechnology Innovative Research Act of 2005 or SABIR Act - Amends provisions of the Small Business Act relating to the Small Business Innovation Research (SBIR) Program (a program under which a portion of a Federal agency's research or research and development funds are reserved for award to small businesses) to require a small business, in order to be SBIR-eligible, to have no more than 500 employees and be one of the following; (1) at least 51 percent owned and controlled by individuals or eligible venture capital companies who are U.S. citizens or permanent resident aliens; (2) not more than 49 percent owned and controlled by a single eligible venture capital company; (3) at least 51 percent owned and controlled by another business that is itself at least 51 percent owned and controlled by U.S. Citizens or permanent resident aliens; or (4) a joint venture in which each entity meets one of these ownership requirements. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Tax Revision Act
of 2005''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, etc.
Sec. 2. Election to include combat pay as earned income for purposes of
earned income credit.
Sec. 3. Cover over of tax on distilled spirits.
Sec. 4. Authority for undercover operations.
Sec. 5. Disclosures of certain tax return information.
Sec. 6. Deduction allowable with respect to income attributable to
domestic production activities in Puerto
Rico.
Sec. 7. Technical corrections to regional value-content methods for
rules of origin under Public Law 109-53.
SEC. 2. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR PURPOSES OF
EARNED INCOME CREDIT.
(a) In General.--Subclause (II) of section 32(c)(2)(B)(vi) is
amended by striking ``January 1, 2006'' and inserting ``January 1,
2007''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2005.
SEC. 3. COVER OVER OF TAX ON DISTILLED SPIRITS.
(a) In General.--Paragraph (1) of section 7652(f) (relating to
limitation on cover over of tax on distilled spirits) is amended by
striking ``January 1, 2006'' and inserting ``January 1, 2007''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to articles brought into the United States after December 31,
2005.
SEC. 4. AUTHORITY FOR UNDERCOVER OPERATIONS.
Paragraph (6) of section 7608(c) (relating to application of
section) is amended by striking ``January 1, 2006'' both places is
appears and inserting ``January 1, 2007''.
SEC. 5. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION.
(a) Disclosures to Facilitate Combined Employment Tax Reporting.--
(1) In general.--Subparagraph (B) of section 6103(d)(5)
(relating to termination) is amended by striking ``December 31,
2005'' and inserting ``December 31, 2006''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to disclosures after December 31, 2005.
(b) Disclosures Relating to Terrorist Activities.--
(1) In general.--Clause (iv) of section 6103(i)(3)(C) and
subparagraph (E) of section 6103(i)(7) are each amended by
striking ``December 31, 2005'' and inserting ``December 31,
2006''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to disclosures after December 31, 2005.
(c) Disclosures Relating to Student Loans.--
(1) In general.--Subparagraph (D) of section 6103(l)(13)
(relating to termination) is amended by striking ``December 31,
2005'' and inserting ``December 31, 2006''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to requests made after December 31, 2005.
SEC. 6. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO
DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO.
(a) In General.--Subsection (d) of section 199 (relating to
definitions and special rules) is amended by redesignating paragraph
(7) as paragraph (8) and by inserting after paragraph (6) the following
new paragraph:
``(7) Treatment of activities in puerto rico.--
``(A) In general.--In the case of any taxpayer with
gross receipts for any taxable year from sources within
the Commonwealth of Puerto Rico, if all of such
receipts are taxable under section 1 or 11 for such
taxable year, then for purposes of determining the
domestic production gross receipts of such taxpayer for
such taxable year under subsection (c)(4), the term
`United States' shall include the Commonwealth of
Puerto Rico.
``(B) Termination.--Subparagraph (A) shall not
apply to any taxable year beginning after December 31,
2006.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 2005.
SEC. 7. TECHNICAL CORRECTIONS TO REGIONAL VALUE-CONTENT METHODS FOR
RULES OF ORIGIN UNDER PUBLIC LAW 109-53.
Section 203(c) of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act (Public Law 109-53; 19
U.S.C. 4033(c)) is amended as follows:
(1) In paragraph (2)(A), by striking all that follows ``the
following build-down method:'' and inserting the following:
av-vnm
``rvc = -------- <greek-e> 100''.
av
(2) In paragraph (3)(A), by striking all that follows ``the
following build-up method:'' and inserting the following:
vom
``rvc = -------- <greek-e> 100''.
av
(3) In paragraph (4)(A), by striking all that follows ``the
following net cost method:'' and inserting the following:
nc-vnm
``rvc = -------- <greek-e> 100''.
nc
Passed the House of Representatives December 7, 2005.
Attest:
KAREN L. HAAS,
Clerk. | Tax Revision Act of 2005 - Amends the Internal Revenue Code to extend through 2006: (1) the taxpayer election to include combat zone compensation as earned income for purposes of computing the earned income tax credit; (2) the increased cover over (payment) to the Treasuries of Puerto Rico and the Virgin Islands of distilled spirit excise tax revenues; (3) the authority for certain Internal Revenue Service (IRS) undercover investigative operations; and (4) the authority for disclosure of tax return information for combined employment tax reporting, for combating terrorist activities, and for student loan repayment.
Allows, through 2006, the tax deduction for income attributable to domestic production activities for taxpayers with income from sources in Puerto Rico.
Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (CAFTA-DR) to revise formulae for determining the regional value-content of certain import/export goods. | billsum_train |
Condense the following text into a summary: SECTION 1. REQUIREMENT TO OFFER FARMERS SUPPLEMENTAL CROP INSURANCE
BASED ON AN AREA YIELD AND LOSS PLAN OF INSURANCE.
(a) In General.--Section 508(c) of the Federal Crop Insurance Act
(7 U.S.C. 1508(c)) is amended by adding at the end the following new
paragraph:
``(11) Supplemental area coverage.--
``(A) Authority to offer coverage.--Notwithstanding
paragraph (4), if area coverage is available in an area
(as determined by the Corporation under paragraph (3)),
the Corporation may provide producers in that area
described in subparagraph (B) with the option to
purchase supplemental insurance coverage based on an
area yield and loss plan of insurance.
``(B) Eligible producers.--To be eligible to obtain
supplemental coverage under this paragraph, a producer
must purchase either an individual yield and loss plan
of insurance or a revenue plan of insurance that
includes coverage for a loss in yield at an additional
coverage level for the same crop to be covered by the
supplemental coverage.
``(C) Limitation.--In providing supplemental
coverage to a producer under this paragraph, the sum of
the following shall not exceed 100 percent:
``(i) The coverage level expressed in
percentage terms for the individual yield and
loss plan of insurance or the revenue plan of
insurance that includes coverage for a loss in
yield that is purchased by the producer for the
same crop covered by the supplemental coverage,
as required by subparagraph (B).
``(ii) The share expressed in percentage
terms of the area yield and loss plan of
insurance (at whatever coverage level is
selected) that is used to determine the level
of supplemental insurance coverage provided the
producer under this paragraph.
``(D) Payment of portion of premium.--As provided
in subsection (e), the Corporation shall pay a portion
of the premium under a supplemental area yield and loss
plan of insurance provided under this paragraph and the
associated individual area yield and loss plan of
insurance or revenue plan of insurance that includes
coverage for a loss in yield.
``(E) Amount of indemnity paid under supplemental
coverage.--The indemnity payable under supplemental
coverage provided under this paragraph shall be
calculated as--
``(i) the total indemnity for an area yield
and loss plan of insurance at the coverage
level chosen by the producer; multiplied by
``(ii) the share of the coverage of the
area yield and loss plan of insurance selected
by the producer.
``(F) Special rule relating to qualifying losses.--
In the case of a qualifying loss in an area (as
determined by the Corporation) under a supplemental
area yield and loss plan of insurance, subject to the
applicable coverage limits, the total amount of the
indemnity shall be available to the producer regardless
of the loss incurred under the individual yield and
loss plan of insurance or the revenue plan of insurance
that includes coverage for a loss in yield of the
producer.
``(G) Reinsurance year.--Subject to availability of
area coverage for the insurable crop in the area (as
determined by the Corporation), the supplemental plan
of insurance described in this paragraph shall be made
available by the Corporation not later than the 2006
reinsurance year.''.
(b) Conforming Amendments.--Section 508(d)(2) of the Federal Crop
Insurance Act (7 U.S.C. 1508(d)(2)) is amended--
(1) by striking ``additional coverage'' in the matter
preceding subparagraph (A) and inserting ``additional and
supplemental coverages''; and
(2) by adding at the end the following new subparagraph:
``(C) In the case of supplemental area coverage
provided under subsection (c)(11) that, in combination
with either the individual yield and loss coverage, or
a comparable coverage for a policy or plan of insurance
that is not based on individual yield and does not
insure more than 100 percent of the recorded or
appraised average yield indemnified at not greater than
100 percent of the expected market price, the amount of
the premium shall--
``(i) be sufficient to cover anticipated
losses and a reasonable reserve; and
``(ii) include an amount for operating and
administrative expenses, as determined by the
Corporation, on an industry-wide basis as a
percentage of the amount of the premium used to
define loss ratio.''. | Amends the Federal Crop Insurance Act to require offering farmers supplemental crop insurance based on an area yield and loss plan of insurance. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Enhancement Act of
2006''.
SEC. 2. MODIFICATION OF LIMITS ON CONTRIBUTIONS TO CERTAIN RETIREMENT
ACCOUNTS.
(a) Individual Retirement Accounts.--
(1) In general.--The table in subparagraph (A) of section
219(b)(5) of the Internal Revenue Code of 1986 (defining
deductible amount) is amended to read as follows:
The
``For taxable years beginning in: deductible
amount is:
2007 or 2008............................................... $8,000
2009 or thereafter......................................... $10,000.''.
(2) Cost of living adjustment.--Clause (i) of section
219(b)(5)(C) of such Code is amended--
(A) in the matter preceding subclause (I) by
striking ``after 2008, the $5,000'' and inserting
``after 2009, the $10,000'', and
(B) in subclause (II) by striking ``calendar year
2007'' and inserting ``calendar year 2008''.
(3) Increase in catch-up contribution amount.--Subparagraph
(B) of section 219(b)(5) of such Code is amended to read as
follows:
``(B) Catch-up contributions for individuals 50 or
older.--In the case of an individual who has attained
the age of 50 before the close of the taxable year, the
deductible amount for such taxable year shall be
increased by $2,000.''.
(4) Increase in limitation on deduction for active
participants in certain pension plans.--
(A) Joint returns.--Clause (i) of section
219(g)(3)(B) of such Code is amended to read as
follows:
``(i) In the case of a taxpayer filing a
joint return for taxable years beginning in
2007 or thereafter, the applicable dollar
amount is $240,000.''.
(B) Returns other than joint and married filing
separately.--Clause (ii) of section 219(g)(3)(B) of
such Code is amended to read as follows:
``(ii) In the case of any other taxpayer
(other than a married individual filing a
separate return), for taxable years beginning
in 2007 or thereafter, the applicable dollar
amount is $150,000.''.
(C) Cost-of-living adjustment.--Paragraph (3) of
section 219(g) of such Code (relating to adjusted gross
income; applicable dollar amount) is amended by adding
at the end the following new subparagraph:
``(C) Cost-of-living adjustment.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
2007, the $240,000 amount in clause (i) and the
$150,000 in clause (ii) of subparagraph (B)
shall each be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2006' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding rules.--If any amount after
adjustment under clause (i) is not a multiple
of $500, such amount shall be rounded to the
next lower multiple of $500.''.
(b) Increase in Elective Deferrals to Qualified Plans.--
(1) In general.--Subparagraph (A) of section 402(g)(1) of
the Internal Revenue Code of 1986 (relating to general rule on
limitation on exclusion for elective deferrals) is amended by
striking ``the applicable dollar amount'' and inserting
``$30,000''.
(2) Cost-of-living adjustment.--Paragraph (4) of section
402(g) of such Code (relating to is amended cost-of-living
adjustment) is amended--
(A) by striking ``December 31, 2006'' and inserting
``December 31, 2007'', and
(B) by striking ``$15,000'' and inserting
``$30,000''.
(3) Catch-up contributions.--
(A) Plans other than simple and 401(k) plans.--
Clause (i) of section 414(v)(2)(B) of such Code is
amended by striking ``applicable dollar amount shall be
determined'' and all that follows and inserting
``applicable dollar amount shall be $10,000''.
(B) Simple and 401(k) plans.--Clause (ii) of
section 414(v)(2)(B) of such Code is amended by
striking ``applicable dollar amount shall be
determined'' and all that follows and inserting
``applicable dollar amount shall be $5,000''.
(C) Inflation adjustment.--Subparagraph (C) of
section 414(v)(2) of such Code is amended--
(i) by striking ``December 31, 2006'' and
inserting ``December 31, 2007'',
(ii) by striking ``$5,000'' and inserting
``$10,000'', and
(iii) by striking ``$2,500'' and inserting
``$5,000''.
(c) Increase in Elective Deferrals to 457 Plans.--
(1) In general.--Subparagraph (A) of section 457(b)(2) of
such Code (defining eligible deferred compensation plan) is
amended to read as follows:
``(A) $30,000, or''.
(2) Cost-of-living adjustment.--Paragraph (15) of section
457(e) of such Code (relating to other definitions and special
rules) is amended to read as follows:
``(15) Cost-of-living adjustment.--In the case of taxable
years beginning after December 31, 2007, the Secretary shall
adjust the $30,000 amount under subsection (b)(2)(A) at the
same time and in the same manner as under section 415(d),
except that the base period shall be the calendar quarter
beginning July 1, 2006, and any increase under this paragraph
which is not a multiple of $500 shall be rounded to the next
lowest multiple of $500.''.
(d) Defined Contribution Plans.--
(1) Dollar limit.--Subparagraph (A) of section 415(c)(1) of
such Code (relating to limitation for defined contribution
plans) is amended by striking ``$40,000'' and inserting
``$80,000''.
(2) Cost-of-living adjustments.--Subsection (d) of section
415 of such Code (relating to cost-of-living adjustments) is
amended--
(A) by striking ``$40,000'' in paragraph (1)(C) and
inserting ``$80,000'', and
(B) in paragraph (3)(D)--
(i) by striking ``$40,000'' in the heading
and inserting ``$80,000'', and
(ii) by striking ``July 1, 2001'' and
inserting ``July 1, 2006''.
(e) Simple Retirement Accounts.--
(1) In general.--Clause (i) of section 408(p)(2)(E) of such
Code is amended by striking ``applicable dollar amount shall be
determined'' and all that follows and inserting ``applicable
dollar amount shall be $20,000''.
(2) Cost-of-living adjustment.--Clause (ii) of section
408(p)(2)(E) of such Code is amended--
(A) by striking ``December 31, 2005'' and inserting
``December 31, 2007'',
(B) by striking ``$10,000'' and inserting
``$20,000'', and
(C) by striking ``July 1, 2004'' and inserting
``July 1, 2006''.
(f) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2006.
SEC. 3. ONE-TIME ELECTION TO APPLY HIGHER INCOME THRESHOLDS UNDER
SAVERS CREDIT.
(a) In General.--Section 25B of the Internal Revenue Code of 1986
(relating to elective deferrals and IRA contributions by certain
individuals) is amended by redesignating subsections (e), (f), (g), and
(h) as subsections (f), (g), (h), and (i), respectively, and by
inserting after subsection (d) the following new subsection:
``(e) One-Time Election to Apply Higher Income Thresholds.--
``(1) In general.--In the case of an eligible individual
for whom an election is in effect under this subsection for any
taxable year, subsection (b) shall be applied by substituting
for each dollar amount specified in the table therein an amount
equal to 200 percent of such dollar amount.
``(2) Election applies only to 1 taxable year.--An election
to have paragraph (1) apply with respect to any eligible
individual may not be made for any taxable year if such an
election is in effect with respect to such individual for any
other prior taxable year.''.
(b) Credit Made Permanent.--
(1) Repeal of termination.--Section 25B of such Code, as
amended by subsection (a), is amended by striking subsection
(i).
(2) Repeal of egtrra sunset.--Section 901 of the Economic
Growth and Tax Relief Reconciliation Act of 2001 shall not
apply to section 618 of such Act (relating to nonrefundable
credit to certain individuals for elective deferrals and IRA
contributions).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Retirement Enhancement Act of 2006 - Amends the Internal Revenue Code to increase limits on contributions to certain tax-exempt retirement plans, including: (1) individual retirement accounts; (2) deferred compensation plans, including plans of state and local governments and tax-exempt organizations; and (3) defined contribution plans.
Allows a one-time taxpayer election to double adjusted gross income levels used to determine the allowable amount of the tax credit for retirement savings contributions. Makes such tax credit permanent. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Runaway and Homeless Youth
Reauthorization Act of 1996''.
SEC. 2. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974.
(a) Runaway and Homeless Youth.--Section 385 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5733) is
amended to read as follows:
``authorization of appropriations
``Sec. 385. (a)(1) There are authorized to be appropriated to carry
out this title (other than part B and section 344) $75,000,000 for each
of the fiscal years 1997, 1998, 1999, and 2000.
``(2) Not less than 90 percent of the funds appropriated under
paragraph (1) for a fiscal year shall be available to carry out section
311(a) in such fiscal year.
``(3) After making the allocation required by paragraph (2), the
Secretary shall reserve for the purpose of carrying out section 331 not
less than $911,700 for each of the fiscal years 1997, 1998, 1999, and
2000.
``(4) In the use of funds appropriated under paragraph (1) that are
in excess of $38,000,000 but less than $42,600,000, priority may be
given to awarding enhancement grants to programs (with priority to
programs that receive grants of less than $85,000), for the purpose of
allowing such programs to achieve higher performance standards,
including--
``(A) increasing and retaining trained staff;
``(B) strengthening family reunification efforts;
``(C) improving aftercare services;
``(D) fostering better coordination of services with public
and private entities;
``(E) providing comprehensive services, including health
and mental health care, education, prevention and crisis
intervention, and vocational services; and
``(F) improving data collection efforts.
``(5) In the use of funds appropriated under paragraph (1) that are
in excess of $42,599,999--
``(A) 50 percent may be targeted at developing new programs
in unserved or underserved communities; and
``(B) 50 percent may be targeted at program enhancement
activities described in paragraph (4).
``(b)(1) Subject to paragraph (2), there are authorized to be
appropriated to carry out part B of this title $25,000,000 for each of
the fiscal years 1997, 1998, 1999, and 2000.
``(2) No funds may be appropriated to carry out part B of this
title for a fiscal year unless the aggregate amount appropriated for
such fiscal year to carry out part A of this title exceeds $26,900,000.
``(c) There is authorized to be appropriated to carry out section
344 of this title $1,000,000 for each of the fiscal years 1997, 1998,
1999, and 2000.
``(d) The Secretary (through the Administration on Children, Youth
and Families which shall administer this title) shall consult with the
Attorney General (through the Administrator of the Office of Juvenile
Justice and Delinquency Prevention) for the purpose of coordinating the
development and implementation of programs and activities funded under
this title with those related programs and activities funded under
title II of this Act and under the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3701 et seq.).
``(e) No funds appropriated to carry out the purposes of this
title--
``(1) may be used for any program or activity which is not
specifically authorized by this title; or
``(2) may be combined with funds appropriated under any
other Act if the purpose of combining such funds is to make a
single discretionary grant or a single discretionary payment
unless such funds are separately identified in all grants and
contracts and are used for the purposes specified in this
title.''.
(b) Missing Children's Assistance.--Section 408 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5777) is
amended to read as follows:
``authorization of appropriations
``Sec. 408. To carry out the provisions of this title, there are
authorized to be appropriated $6,000,000 for each of the fiscal years
1997, 1998, 1999, and 2000.''.
(c) Incentive Grants for Local Delinquency Prevention Programs.--
Section 506 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5785) is amended to read as follows:
``authorization of appropriations
``Sec. 506. To carry out this title, there are authorized to be
appropriated $30,000,000 for each of the fiscal years 1997, 1998, 1999,
and 2000.''.
SEC. 3. ANTI-DRUG ABUSE ACT OF 1986.
(a) Drug Education and Prevention Relating to Youth Gangs.--Section
3505 of the Anti-Drug Abuse Act of 1986 (42 U.S.C. 11805) is amended to
read as follows:
``SEC. 3505. AUTHORIZATION OF APPROPRIATIONS.
``To carry out this chapter, there are authorized to be
appropriated $16,000,000 for each of the fiscal years 1997, 1998, 1999,
and 2000.''.
(b) Program For Runaway and Homeless Youth.--Section 3513 of the
Anti-Drug Abuse Act of 1986 (42 U.S.C. 11823) is amended to read as
follows:
``SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.
``To carry out this chapter, there are authorized to be
appropriated $16,000,000 for each of the fiscal years 1997, 1998, 1999,
and 2000.''.
SEC. 4. CRIME CONTROL ACT OF 1990.
Section 214B of the Crime Control Act of 1990 (42 U.S.C. 13004) is
amended to read as follows:
``SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.
``(a) Sections 213 and 214.--There are authorized to be
appropriated to carry out sections 213 and 214 $15,000,000 for each of
the fiscal years 1997, 1998, 1999, and 2000.
``(b) Section 214A.--There are authorized to be appropriated to
carry out section 214A $5,000,000 for each of the fiscal years 1997,
1998, 1999, and 2000.''. | Runaway and Homeless Youth Reauthorization Act of 1996 - Reauthorizes the Runaway and Homeless Youth Act and the Missing Children's Assistance Act for FY 1997 through 2000. Sets priorities and permissible uses with respect to funds in excess of specified amounts allocated under the Runaway and Homeless Youth Act.
Authorizes appropriations for FY 1997 through 2000 under: (1) the Juvenile Justice and Delinquency Prevention Act of 1974 for incentive grants for local delinquency prevention programs; (2) the Anti-Drug Abuse Act of 1986 for drug education and prevention relating to youth gangs and for a runaway and homeless youth program; and (3) the Crime Control Act of 1990 to improve the investigation and prosecution of child abuse cases. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Netizens Protection Act of 1999''.
SEC. 2. PROHIBITION OF INITIATION OF TRANSMISSION OF UNSOLICITED
ELECTRONIC MAIL.
(a) In General.--No person may initiate, or cause to be initiated,
the transmission of an unsolicited electronic mail message in or
affecting interstate or foreign commerce if the message--
(1) does not contain the name, physical address, and
electronic mail address of the person who initiates the
transmission of the message;
(2) does not provide an electronic method by which the
recipient of the message can contact the person who initiated
the transmission of the message to request that no further such
messages be sent, which method may include electronic mail or
Internet access; or
(3)(A) is part of a bulk transmission of such messages; and
(B) includes information that is located in the subject
line of the message and is false or misleading with respect to
the body of the message.
(b) Treatment of State Laws.--Subsection (a) may not be construed
to preempt any State law relating to unsolicited commercial electronic
mail.
(c) Private Right of Action.--
(1) Cause of action.--Any person adversely affected by a
violation of subsection (a) may, within 1 year after discovery
of the violation, bring a civil action against a person who
violates such subsection in a district court of the United
States or in any other court of competent jurisdiction, for the
district or jurisdiction in which the unsolicited electronic
mail message was received or in which the defendant is located.
(2) Relief.--In a civil action under this subsection, the
court may--
(A) grant temporary and final injunctions on such
terms as it may deem reasonable to prevent or restrain
violations of subsection (a);
(B) award damages as described in paragraph (3);
and
(C) direct the recovery of full costs, including
awarding reasonable attorneys' fees to an aggrieved
party who prevails.
(3) Damages.--
(A) Amount.--The amount of damages in an action
under this subsection for a violation of subsection (a)
may not exceed $500 for each unsolicited electronic
mail message the transmission of which was initiated in
violation of such subsection. The court shall treble
the amount recovered under the preceding sentence for
any transmission of an unsolicited electronic mail
message to the aggrieved party in violation of
subsection (a) that the court finds was initiated after
the aggrieved party contacted the initiator of the
transmission to request that the initiator not initiate
further transmissions of such mail to such person.
(B) Relationship to other damages.--Damages awarded
under this paragraph for a violation under subsection
(a) are in addition to any other damages awardable for
the violation under any other provision of law.
SEC. 3. RESTRICTIONS AGAINST USE OF INTERACTIVE COMPUTER SERVICES TO
INITIATE UNSOLICITED ELECTRONIC MAIL.
(a) Statement of Policy.--Each interactive computer service
provider shall make available to each customer of the interactive
computer servicer of the provider the policy of the provider regarding
unsolicited electronic mail, including any option the provider may have
for the customer to elect to receive or not to receive unsolicited
electronic mail and any other options customers may exercise to
restrict the receipt of unsolicited electronic mail. Such policy shall
be set forth in writing, in clear and understandable language, in the
agreement for the provision of the interactive computer service by the
customer.
(b) Violation of Policy Against Bulk Mail.--No customer of an
interactive computer service provider may use the equipment or
facilities of the provider to initiate, or cause to be initiated, the
bulk transmission of an unsolicited electronic mail message if the
policy referred to in subsection (a) of the provider prohibits the
initiation of such bulk transmissions.
(c) Cause of Action.--
(1) In general.--In addition to any other remedies
available under any other provision of law, any interactive
computer service provider adversely affected by a violation of
subsection (b) may bring a civil action in a district court of
the United States against a person who violates such
subsection.
(2) Relief.--
(A) In general.--An action may be brought under
paragraph (1) to enjoin a violation of subsection (b),
to obtain damages as specified in subparagraph (B), or
to obtain such further and other relief as the court
considers appropriate.
(B) Damages.--The amount of damages in an action
under this subsection for a violation of subsection (b)
may not exceed $500 for each unsolicited electronic
mail message the transmission of which was initiated in
violation of such subsection.
(C) Relationship to other damages.--Damages awarded
under this paragraph for a violation of subsection (b)
are in addition to any other damages awardable for the
violation under any other provision of law.
(D) Cost and fees.--The court may, in issuing any
final order in any action brought under this
subsection, award costs of suit, reasonable costs of
obtaining service of process, reasonable attorney fees,
and expert witness fees for the prevailing party.
(3) Venue; service of process.--Any civil action brought
under this subsection in a district court of the United States
may be brought in the district in which the defendant or in
which the interactive computer service provider is located, is
an inhabitant, or transacts business or wherever venue is
proper under section 1391 of title 28, United States Code.
Process in such an action may be served in any district in
which the defendant is an inhabitant or in which the defendant
may be found.
SEC. 4. PROTECTION OF INTERACTIVE COMPUTER SERVICE PROVIDERS.
(a) In General.--An interactive computer service provider who, in
good faith, takes action to restrict or prevent the receipt of
unsolicited electronic mail by its customers shall not be liable for
any harm resulting from failure to prevent such receipt.
(b) Rule of Construction.--Subsection (a) may not be construed to
prevent or restrict the liability of any interactive computer service
provider for any failure to provide any services other than restriction
or prevention for customers of receipt of unsolicited electronic mail.
SEC. 5. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Bulk.--The term ``bulk'' means, with respect to the
transmission of an electronic mail message, the transmission,
within a 7-day period, of such a message or messages that are
identical or substantially similar to 50 or more intended
recipients.
(2) Initiate the transmission.--The term ``initiate the
transmission'' means, with respect to an electronic mail, to
originate the message, and does not include the actions of any
interactive computer service whose facilities or services are
used only to relay, handle, or otherwise retransmit the
message.
(3) Interactive computer service.--The term ``interactive
computer service'' has the meaning given such term in section
230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)).
(4) Interactive computer service provider.--The term
``interactive computer service provider'' means the provider of
an interactive computer service.
(5) Recipient.--The term ``recipient'' means, with respect
to an electronic mail message, an individual electronic mail
address to which the message is directed, without regard to
whether such address corresponds to a person, computer, list
server, or other automated electronic device.
(6) Unsolicited electronic mail.--The term ``unsolicited
electronic mail'' means electronic mail unless such mail is
transmitted (A) to any person with that person's prior express
invitation or permission, or (B) to any person with whom the
sender has an established business or personal relationship.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect upon the expiration of the 60-day period
beginning on the date of the enactment of this Act and shall apply to
transmissions of electronic mail initiated after the expiration of such
period. | Requires each interactive computer service provider to make available to each of its customers its policy regarding unsolicited e-mail, including options for the customer to elect to receive or not receive such e-mail. Prohibits customers from using the equipment or facilities of the provider to initiate the bulk transmission of an unsolicited e-mail message if the provider's policy prohibits such bulk transmissions. Provides a right of action for providers adversely affected by customer violations of such prohibition.
States that a provider who in good faith takes action to restrict or prevent the receipt of unsolicited e-mail by its customers shall not be liable for any harm resulting from the failure to prevent such receipt. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Financial Manager Reform
Act of 2016''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Local government units are charged with providing
critical law enforcement, educational training, public safety,
and health services for the communities they serve.
(2) The mismanagement of Federal grant money, including
conflicts of interest and abuse of discretion, undermines the
ability of local government units to provide these essential
services.
(3) The U.S. Government Accountability Office found that
Federal grant management operations for local government units
were adversely impacted in cases where unaccountable emergency
financial managers were appointed.
(4) The Federal Government has a strong interest in
preventing the mismanagement of Federal funds intended to
support local law enforcement efforts to protect health and
safety by ensuring that local government units are accountable
for such funds.
(5) The appointment of an emergency financial manager may
adversely impact voting rights when such appointment
disproportionately affects minority communities whose local
elected officials are displaced by such financial manager.
(6) The appointment of an emergency financial manager can
adversely impact public health and safety priorities, including
the safety of public drinking water systems, in instances where
they are unaccountable to local elected leaders.
(7) Under article I, section 10, clause 1 of the U.S.
Constitution, a State is prohibited from impairing a
contractual obligation. In addition, some State constitutions
explicitly prohibit impairment of a collective bargaining
agreement and accrued financial benefits under a pension plan
or a retirement system. Such impairment is unconstitutional and
a violation of law unless consented to by all parties.
SEC. 3. SAFEGUARDS REGARDING STATE APPOINTMENT OF AN EMERGENCY
FINANCIAL MANAGER.
(a) Reduction of Byrne-JAG Funds.--The Attorney General may
withhold 5 percent of the funds that would otherwise be allocated to a
State under the program under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.) for the fiscal year following any fiscal year in which an
emergency financial manager is appointed by that State or continues in
a previous appointment and--
(1) the chief legal officer or other appropriate State
official does not, by the date of the appointment and every 18
months thereafter while the appointment remains in effect,
submit to the Attorney General a certification that--
(A) such appointment does not have the purpose nor
will it have the effect of denying, abridging, or
diluting the right to vote on account of race or color;
and
(B) the community for which the emergency financial
manager is appointed has been given an opportunity, by
public notice issued simultaneously with the submission
to the Attorney General, to submit comments in full for
a period of at least 30 days with regard to
subparagraph (A);
(2) the Attorney General interposes an objection under
paragraph (1)(A) by not later than 60 days after submission of
comments under paragraph (1)(B) and the emergency financial
manager thereafter continues in the appointment;
(3) such emergency financial manager is authorized to make
decisions affecting public health or safety of the residents or
employees of a local government unit, including the
disbursement of any emergency funds provided by any Federal or
State entity for the purpose of addressing lead or other
contamination of drinking water in a public water system,
without receiving prior approval from the governor of the State
and appropriate local elected officials;
(4) such emergency financial manager does not have adequate
oversight in effect to ensure against conflicts of interest,
mismanagement, and abuse of discretion by such emergency
financial manager;
(5) such emergency financial manager is authorized to
reject, modify, or terminate one or more terms and conditions
of an existing collective bargaining agreement without mutual
consent as to such rejection, modification, or termination by
all parties to the agreement;
(6) such emergency financial manager is authorized to
reject, modify, or terminate one or more terms of an existing
contract without mutual consent by all parties to the contract
or without submitting such rejection, modification, or
termination for approval by a bankruptcy court under title 11,
United States Code; or
(7) such emergency financial manager is appointed and
members of the community under the jurisdiction of such
appointment were not provided prior thereto--
(A) an opportunity, by public notice issued
simultaneously with the submission to the Attorney
General required pursuant to paragraph (1) for a period
of at least 30 days, to make public comment as to any
conflicts of interest the proposed appointee may have,
whether the proposed appointee has the requisite
experience and financial acumen, and whether the
proposed appointee is empowered to propose sources of
financial assistance, such as loans, grants, and
revenue sharing; and
(B) with the name of a State official to whom may
be conveyed complaints about the appointee, including
complaints about any conflicts of interest,
mismanagement, or dereliction of duty.
(b) Reallocation.--Amounts not allocated under the program referred
to in subsection (a) to a State shall, to the extent practicable, be
reallocated under that program to the local government unit for which
the emergency financial manager is appointed.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``emergency financial manager'' means any
person appointed by a State, including a financial control
board or commission, emergency manager, receiver, coordinator,
or overseer that oversees or manages a local government unit.
(2) The term ``local government unit'' includes cities,
towns, municipalities, school board districts, law enforcement
departments or any other body, department, or office which
exercises authority over matters of local concern at the
direction of local elected officials or governing bodies or the
appointees of local elected officials or governing bodies.
(3) The term ``adequate oversight'' means, in the case of
an emergency financial manager--
(A) a monthly, publically available report,
reviewed and approved by the governor and appropriate
local elected officials, accounting for all financial
activities of the emergency financial manager
(including possible conflicts of interest,
mismanagement, and abuses of discretion) related to the
duties of the emergency financial manager; and
(B) an independent State-approved publically
available audit of the emergency financial manager's
duty-related activities on an annual basis or, if the
term of an emergency financial manager is less than one
year, at least one such audit.
(4) The term ``State'' means any one of the several States. | Emergency Financial Manager Reform Act of 2016 This bill requires a state with a state-appointed emergency financial manager to certify that the appointment: (1) does not have the purpose or effect of limiting the right to vote on account of race or color, and (2) followed a notice and comment period. If a state with a state-appointed emergency financial manager fails to submit such certification, then the Department of Justice may reduce by 5% that state's allocation of funds under the Edward Byrne Memorial Justice Assistance Grant program. | billsum_train |
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