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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Know Before You Owe Federal Student
Loan Act of 2015''.
SEC. 2. REQUIRED PERIODIC DISCLOSURES DURING PERIODS WHEN LOAN PAYMENTS
ARE NOT REQUIRED.
Section 433 of the Higher Education Act of 1965 (20 U.S.C. 1083) is
amended by adding at the end the following:
``(f) Required Periodic Disclosures During Periods When Loan
Payments Are Not Required.--During any period of time when a borrower
of one or more loans, made, insured, or guaranteed under this part or
part D is not required to make a payment to an eligible lender on the
borrower's loan from that eligible lender, such eligible lender shall
provide such borrower with a statement that corresponds to each payment
installment time period in which a payment would be due if payments
were required to be made, and that includes, in simple and
understandable terms--
``(1) the original principal amount of each of the
borrower's loans, and the original principal amount of those
loans in the aggregate;
``(2) the borrower's current balance, as of the time of the
statement, as applicable;
``(3) the interest rate on each loan;
``(4) the total amount the borrower has paid in interest on
each loan;
``(5) the aggregate amount the borrower has paid for each
loan, including the amount the borrower has paid in interest,
the amount the borrower has paid in fees, and the amount the
borrower has paid against the balance;
``(6) the lender's or loan servicer's address and toll-free
phone number for payment and billing error purposes;
``(7) an explanation--
``(A) that the borrower has the option to pay the
interest that accrues on each loan while the borrower
is a student at an institution of higher education or
during a period of deferment or forbearance, if
applicable; and
``(B) if the borrower does not pay such interest
while attending an institution or during a period of
deferment or forbearance, any accumulated interest on
the loan will be capitalized when the loan goes into
repayment, resulting in more interest being paid over
the life of the loan;
``(8) the amount of interest that has accumulated since the
last statement based on the typical installment time period and
the aggregate interest accrued to date; and
``(9) a suggested payment amount equal to the interest
charged since the last installment time period.''.
SEC. 3. PRE-LOAN COUNSELING AND CERTIFICATION OF LOAN AMOUNT.
Section 485(l) of the Higher Education Act of 1965 (20 U.S.C.
1092(l)) is amended--
(1) in the subsection heading, by striking ``Entrance
Counseling'' and inserting ``Pre-Loan Counseling'';
(2) in paragraph (1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``a disbursement to a first-time
borrower of a loan'' and inserting ``the first
disbursement of each new loan (or the first
disbursement in each award year if more than
one new loan is obtained in the same award
year)''; and
(B) in clause (ii)(I), by striking ``an entrance
counseling'' and inserting ``a counseling'';
(3) in paragraph (2)--
(A) by striking clause (i) of subparagraph (G) and
inserting the following:
``(i) an estimate of the borrower's
projected loan debt-to-income ratio upon
graduation, calculated using--
``(I) the best available data on
starting wages for the borrower's
program of study; and
``(II) the estimated total student
loan debt, including Federal debt and,
to the best of the institution's
knowledge, private loan debt already
incurred, and the estimated future debt
required to complete the program of
study; and''; and
(B) by adding at the end the following:
``(L) A statement that the borrower should borrow
the minimum amount necessary to cover expenses and that
the borrower does not have to accept the full amount of
loans for which the borrower is eligible.
``(M) A warning that the higher the borrower's
debt-to-income ratio is, the more difficulty the
borrower is likely to experience in repaying the loan.
``(N) Options for reducing borrowing through
scholarships, reduced expenses, work-study, or other
work opportunities.
``(O) An explanation of the importance of
graduating on time to avoid additional borrowing, what
course load is necessary to graduate on time, and
information on how adding an additional year of study
impacts total indebtedness.''; and
(4) by adding at the end the following:
``(3) In addition to the other requirements of this
subsection, each eligible institution shall, prior to
certifying a Federal direct loan under part D for disbursement
to a student (other than a Federal Direct Consolidation Loan or
a Federal Direct PLUS loan made on behalf of a student), ensure
that the student manually enter, either in writing or through
electronic means, the exact dollar amount of Federal direct
loan funding under part D that such student desires to
borrow.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Program Participation Agreements.--Section 487(e)(2)(B)(ii)(IV)
of the Higher Education Act of 1965 (20 U.S.C. 1094(e)(2)(B)(ii)(IV))
is amended--
(1) by striking ``Entrance and exit counseling'' and
inserting ``Pre-loan and exit counseling''; and
(2) by striking ``entrance and exit counseling'' and
inserting ``pre-loan and exit counseling''.
(b) Regulatory Relief and Improvement.--Section 487A of the Higher
Education Act of 1965 (20 U.S.C. 1094a) is amended by striking
``entrance and exit interviews'' and inserting ``pre-loan and exit
interviews'' each place the term appears. | Know Before You Owe Federal Student Loan Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to expand lender disclosure requirements. A lender must provide a statement to a Federal Family Education Loan or Direct Loan borrower during a period when loan payments are not required. Such statement must include the current loan balance, original principal loan amount, interest rate, total interest paid, aggregate payments, lender or servicer contact information, and accumulated interest amount. It must also explain the option to pay accrued interest before it capitalizes and suggest a payment amount based on interest charged. Additionally, the legislation modifies loan counseling requirements for an institution of higher education (IHE) that participates in federal student aid programs. Currently, an IHE must provide one-time entrance counseling to a student who is a first-time federal student loan borrower. This bill requires an IHE to provide pre-loan counseling to a student borrower of a federal student loan at or prior to the first disbursement of each new loan. It revises and expands required elements of pre-loan counseling to include a borrower's estimated debt-to-income ratio at graduation, a statement to borrow the minimum necessary amount, a warning that high debt-to-income ratio makes repayment more difficult, options to reduce borrowing, and an explanation of the importance of on-time graduation. Prior to certifying a Federal Direct Loan disbursement to a student, an IHE must ensure that such student manually enters the exact dollar amount of the loan. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scientifically Identifying the Need
for Critical Habitat Act''.
SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.
Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)(A)) is amended to read as follows:
``(A) may designate any habitat of a species that is
determined under paragraph (1) to be an endangered species or
threatened species as critical habitat of such species; and ''.
SEC. 3. SOUND SCIENCE.
(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by amending the section heading to read as
follows:
``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';
(B) by striking ``For the purposes of this Act--''
and inserting the following:
``(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
``(b) Use of Certain Data.--In any case in which the Secretary is
required by this Act to use the best scientific and commercial data
available, the Secretary, in evaluating comparable data, shall give
greater weight to scientific or commercial data that is empirical or
has been field-tested or peer-reviewed.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16 U.S.C.
prec. 1531) is amended by striking the item relating to section
3 and inserting the following:
``Sec. 3. Definitions and general provisions.''.
(b) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
``(9) Establishment of criteria for scientific studies to
support listing.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met for
scientific and commercial data to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
``(10) Field data.--
``(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination is supported by data
obtained by observation of the species in the field.
``(B) Data from landowners.--The Secretary shall--
``(i) accept and acknowledge receipt of
data regarding the status of a species that is
collected by an owner of land through
observation of the species on the land; and
``(ii) include the data in the rulemaking
record compiled for any determination that the
species is an endangered species or a
threatened species.''.
(c) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
``(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that would assist in the preparation of a recovery plan and--
``(i) invite any person to submit the data to the
Secretary; and
``(ii) describe the steps that the Secretary plans to take
for acquiring additional data.
``(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan in accordance with section 5.''.
SEC. 4. PEER REVIEW.
Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
``(j) Independent Scientific Review Requirements.--
``(1) Definitions.--In this subsection:
``(A) Action.--The term `action' means--
``(i) the determination that a species is
an endangered species or a threatened species
under subsection (a);
``(ii) the determination under subsection
(a) that an endangered species or a threatened
species be removed from any list published
under subsection (c)(1);
``(iii) the development of a recovery plan
for a threatened species or endangered species
under subsection (f); and
``(iv) the determination that a proposed
action is likely to jeopardize the continued
existence of a listed species and the proposal
of any reasonable and prudent alternatives by
the Secretary under section 7(b)(3).
``(B) Qualified individual.--The term `qualified
individual' means an individual with expertise in the
biological sciences--
``(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
species or a similar species or other
scientific expertise relevant to the decision
of the Secretary under subsection (a) or (f);
``(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
``(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
``(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
``(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review actions.
``(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
``(B) The selection and activities of the referees selected
pursuant to this section shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
``(C) Reviewers shall be compensated for conducting the
independent review.
``(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the species in
question.
``(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
``(A) a summary of the results of the independent
scientific review; and
``(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
``(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.
SEC. 5. IMPROVED RECOVERY PLANNING.
(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
``(C) Use of state information.--In conducting a
consultation under subsection (a)(2), the Secretary
shall actively solicit and consider information from
the State agency in each affected State.''.
(b) Opportunity to Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
``(D) Opportunity to participate in
consultations.--
``(i) In general.--In conducting a
consultation under subsection (a)(2), the
Secretary shall provide any person who has
sought authorization or funding from a Federal
agency for an action that is the subject of the
consultation, the opportunity to--
``(I) before the development of a
draft biological opinion, submit and
discuss with the Secretary and the
Federal agency information relevant to
the effect of the proposed action on
the species and the availability of
reasonable and prudent alternatives (if
a jeopardy opinion is to be issued)
that the Federal agency and the person
can take to avoid violation of
subsection (a)(2);
``(II) receive information, on
request, subject to the exemptions
specified in section 552(b) of title 5,
United States Code, on the status of
the species, threats to the species,
and conservation measures, used by the
Secretary to develop the draft
biological opinion and the final
biological opinion, including the
associated incidental taking
statements; and
``(III) receive a copy of the draft
biological opinion from the Federal
agency and, before issuance of the
final biological opinion, submit
comments on the draft biological
opinion and discuss with the Secretary
and the Federal agency the basis for
any finding in the draft biological
opinion.
``(ii) Explanation.--If reasonable and
prudent alternatives are proposed by a person
under clause (i) and the Secretary does not
include the alternatives in the final
biological opinion, the Secretary shall explain
to the person why those alternatives were not
included in the opinion.
``(iii) Public access to information.--
Comments and other information submitted to, or
received from, any person (pursuant to clause
(i)) who seeks authorization or funding for an
action shall be maintained in a file for that
action by the Secretary and shall be made
available to the public (subject to the
exemptions specified in section 552(b) of title
5, United States Code).''. | Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.
Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.
Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.
Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Housing Investment Act
of 2017''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) Two principal Federal housing goals are to increase the
rate of home ownership and make rental housing affordable for
low-income families and individuals.
(2) Much more progress has been achieved on the first goal
than on the second goal.
(3) The Federal Government devotes more than three times
the amount of budgetary resources to supporting home ownership
than it devotes to making affordable rental housing available.
(4) The burden of housing costs is more pronounced among
renters than among owners.
(5) There is a shortage of more than 7 million homes
affordable to families in the bottom 20 percent of income,
meaning that there are only 31 affordable units for every 100
families.
(6) Only one in four families that qualify for rental
housing assistance receives benefits.
(7) Housing assistance waiting lists can be 10 years long
and in many communities are closed.
(8) The shortage of rental homes that are affordable for
extremely low-income households to be the principal cause of
homelessness in the United States.
(9) Public housing facilities in the United States have
more than $26 billion in deferred maintenance after decades of
neglect which results in a loss of 10,000 units each year.
(10) The low-income housing tax credit successfully
provides 100,000 units of affordable housing every year.
(11) Every tax reform commission has recommended capping
the mortgage interest deduction and converting it to a fairer
and simpler credit.
(12) More than 75 percent of the value of the mortgage
interest deduction inures to the benefit of the top 20 percent
of earners.
(13) Fewer than half of tax filers with a home mortgage
claim the mortgage interest deduction.
(14) Only 9 percent of rural tax filers claim the mortgage
interest deduction.
(15) Ninety-four percent of homes sold between 2013 and
2015 sold for less than $500,000.
(16) A better approach that provides equitable benefits for
families who buy homes, enables more low- and moderate-income
homeowners to receive a benefit, and invests in affordable
rental housing to assist those who used to be homeless or who
have extremely or very low incomes is needed to strengthen
families and communities.
SEC. 3. REPLACEMENT OF MORTGAGE INTEREST DEDUCTION WITH MORTGAGE
INTEREST CREDIT.
(a) Nonrefundable Credit.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after section
25D the following new section:
``SEC. 25E. INTEREST ON INDEBTEDNESS SECURED BY QUALIFIED RESIDENCE.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 15 percent of the qualified
residence interest paid or accrued during the taxable year.
``(b) Qualified Residence Interest.--For purposes of this section--
``(1) In general.--The term `qualified residence interest'
means interest which is paid or accrued during the taxable year
on--
``(A) acquisition indebtedness with respect to any
qualified residence of the taxpayer, or
``(B) home equity indebtedness with respect to any
qualified residence of the taxpayer.
For purposes of the preceding sentence, the determination of
whether any property is a qualified residence of the taxpayer
shall be made as of the time the interest is accrued.
``(2) Overall limitation.--The aggregate amount of
indebtedness taken into account for any period for purposes of
this section shall not exceed $500,000 ($250,000 in the case of
a married individual filing a separate return or unmarried
individuals filing separate returns for the same property).
``(3) Acquisition indebtedness.--The term `acquisition
indebtedness' means any indebtedness which--
``(A) is incurred in acquiring, constructing, or
substantially improving any qualified residence of the
taxpayer, and
``(B) is secured by such residence.
Such term also includes any indebtedness secured by such
residence resulting from the refinancing of indebtedness
meeting the requirements of the preceding sentence (or this
sentence), but only to the extent the amount of the
indebtedness resulting from such refinancing does not exceed
the amount of the refinanced indebtedness.
``(4) Home equity indebtedness.--
``(A) In general.--The term `home equity
indebtedness' means any indebtedness (other than
acquisition indebtedness) secured by a qualified
residence to the extent the aggregate amount of such
indebtedness does not exceed--
``(i) the fair market value of such
qualified residence, reduced by
``(ii) the amount of acquisition
indebtedness with respect to such residence.
``(B) Limitation.--The aggregate amount treated as
home equity indebtedness for any period shall not
exceed $100,000 ($50,000 in the case of a married
individual filing a separate return).
``(c) Special Rules.--For purposes of this section--
``(1) Qualified residence.--The term `qualified residence'
means--
``(A) the principal residence (within the meaning
of section 121) of the taxpayer, and
``(B) 1 other residence of the taxpayer which is
selected by the taxpayer for purposes of this
subsection for the taxable year and which is used by
the taxpayer as a residence (within the meaning of
section 280A(d)(1)).
``(2) Married individuals filing separate returns.--If a
married couple does not file a joint return for the taxable
year--
``(A) such couple shall be treated as 1 taxpayer
for purposes of paragraph (1), and
``(B) each individual shall be entitled to take
into account 1 residence unless both individuals
consent in writing to 1 individual taking into account
the principal residence and 1 other residence.
``(3) Residence not rented.--For purposes of paragraph
(1)(B), notwithstanding section 280A(d)(1), if the taxpayer
does not rent a dwelling unit at any time during a taxable
year, such unit may be treated as a residence for such taxable
year.
``(4) Unenforceable security interests.--Indebtedness shall
not fail to be treated as secured by any property solely
because, under any applicable State or local homestead or other
debtor protection law in effect on August 16, 1986, the
security interest is ineffective or the enforceability of the
security interest is restricted.
``(5) Special rules for estates and trusts.--For purposes
of determining whether any interest paid or accrued by an
estate or trust is qualified residence interest, any residence
held by such estate or trust shall be treated as a qualified
residence of such estate or trust if such estate or trust
establishes that such residence is a qualified residence of a
beneficiary who has a present interest in such estate or trust
or an interest in the residuary of such estate or trust.
``(d) Coordination With Deduction.--In the case of any taxable year
beginning in calendar years 2017 through 2021, the taxpayer may elect
to apply this section in lieu of the deduction under section 163 for
qualified residence interest.''.
(b) Phaseout of Deduction.--Section 163(h) of such Code is amended
by adding at the end the following new paragraph:
``(6) Phaseout.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2017, the amount
otherwise allowable as a deduction by reason of
paragraph (2)(D) shall be the applicable percentage of
such amount.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
------------------------------------------------------------------------
The applicable
``For taxable years beginning in calendar year: percentage
is:
------------------------------------------------------------------------
2017.................................................... 100%
2018.................................................... 80%
2019.................................................... 60%
2020.................................................... 40%
2021.................................................... 20%
2022 and thereafter..................................... 0%.''.
------------------------------------------------------------------------
(c) Phasedown of Mortgage Limit.--Subparagraph (B) of section
163(h)(3) of such Code is amended by adding at the end the following:
``(iii) Phasedown.--
``(I) In general.--In the case of
any taxable year beginning in calendar
years 2017 through 2021, clause (ii)
shall be applied by substituting the
amounts specified in the table in
subclause (II) of this clause for
`$1,000,000' and `$500,000',
respectively.
``(II) Phasedown amounts.--For
purposes of subclause (I), the amounts
specified in this subclause for a
taxable year shall be the amounts
specified in the following table:
------------------------------------------------------------------------
Amount Amount
``For taxable years beginning in calendar substituted substituted
year: for for
$1,000,000: $500,000:
------------------------------------------------------------------------
2017.......................................... $1,000,000 $500,000
2018.......................................... $900,000 $450,000
2019.......................................... $800,000 $400,000
2020.......................................... $700,000 $350,000
2021.......................................... $600,000 $300,000.''
.
------------------------------------------------------------------------
(d) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after section 25D the following new item:
``Sec. 25E. Interest on indebtedness secured by qualified residence.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to interest paid or accrued after December 31, 2016.
SEC. 4. DEDUCTION ALLOWED FOR INTEREST AND TAXES RELATING TO LAND FOR
DWELLING PURPOSES OWNED OR LEASED BY COOPERATIVE HOUSING
CORPORATIONS.
(a) In General.--Subparagraph (B) of section 216(b)(1) of the
Internal Revenue Code of 1986 is amended by inserting ``or land,''
after ``building,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts paid or accrued after December 31, 2016.
SEC. 5. USE OF MORTGAGE INTEREST SAVINGS TO INCREASE LOW-INCOME HOUSING
TAX CREDIT.
(a) In General.--Subclause (I) of section 42(h)(3)(C)(ii) of the
Internal Revenue Code of 1986 is amended by striking ``$1.75 ($1.50 for
2001)'' and inserting ``$2.70''.
(b) Inflation Adjustment.--Subparagraph (H) of section 42(h)(3) of
such Code is amended to read as follows:
``(H) Cost-of-living adjustment.--
``(i) In general.--In the case of a
calendar year after 2002, the $2,000,000 amount
in subparagraph (C) 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 2001' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Per capita amount.--In the case of a
calendar year after 2017, the $2.70 amount in
subparagraph (C) 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 2016' for
`calendar year 1992' in subparagraph
(B) thereof.
``(iii) Rounding.--
``(I) In the case of the $2,000,000
amount, any increase under clause (i)
which is not a multiple of $5,000 shall
be rounded to the next lowest multiple
of $5,000.
``(II) In the case of the $2.70
amount, any increase under clause (ii)
which is not a multiple of 5 cents
shall be rounded to the next lowest
multiple of 5 cents.''.
(c) Eligible Basis.--Clause (i) of section 42(d)(5)(B) of such Code
is amended by striking ``and'' at the end of subclause (I), by striking
the period at the end of subclause (II) and inserting ``, and'', and by
adding at the end the following:
``(III) in the case of a building
containing units which are designated
to serve extremely low-income
households by the State housing credit
agency and require the increase in
credit under this subparagraph in order
for such building to be financially
feasible as part of a qualified low-
income housing project, the eligible
basis of such building determined by
the portion of such units shall be 150
percent of such basis determined
without regard to this subparagraph.''.
(d) Effective Date.--The amendments made by this section shall
apply to allocations made in calendar years beginning after December
31, 2017.
SEC. 6. USE OF MORTGAGE INTEREST SAVINGS FOR AFFORDABLE HOUSING
PROGRAMS.
(a) Use of Savings.--For each year, the Secretary of the Treasury
shall determine the amount of revenues accruing to the general fund of
the Treasury by reason of the enactment of section 3 of this Act that
remain after use of such revenues in accordance with section 5 of this
Act and shall credit an amount equal to such remaining revenues as
follows:
(1) Housing trust fund.--The Secretary shall credit the
Housing Trust Fund established under section 1338 of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4568) with an amount equal to 60 percent of
the amount of such remaining revenues.
(2) Rental assistance.--An amount equal to 30 percent of
the amount of such remaining revenues shall be credited for
rental assistance, which may include a new Renter's Tax Credit
and an expansion of rental assistance by the Secretary of
Housing and Urban Development under any program of such
Department providing such assistance or by the Secretary of
Agriculture under any rural housing program of such Department
providing such assistance.
(3) Public housing capital fund.--The Secretary shall
credit an amount equal to 10 percent of the amount of such
remaining revenues to the Public Housing Capital Fund under
section 9(d) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d)).
(b) Changes to Housing Trust Fund.--Not later than the expiration
of the 6-month period beginning on the date of the enactment of this
Act, the Secretary of Housing and Urban Development shall revise the
regulations relating to the Housing Trust Fund established under
section 1338 of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568) to provide that such section is
carried out with the maximum amount of flexibility possible while
complying with such section, which shall include revising such
regulations--
(1) to increase the limitation on amounts from the Fund
that are available for use for operating assistance for
housing;
(2) to allow public housing agencies and tribally
designated housing entities to be recipient of grants amounts
from the Fund that are allocated to a State or State designated
entity; and
(3) eliminate the applicability of rules for the Fund that
are based on the HOME Investment Partnerships Act (42 U.S.C.
1721 et seq.). | Common Sense Housing Investment Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax deduction for mortgage interest, to: (1) allow, in lieu of such deduction, a tax credit for 15% of mortgage interest paid in a taxable year for the taxpayer's principal residence and one other residence; (2) provide for a phaseout of the tax deduction for mortgage interest between 2017 and 2021; (3) allow a deduction for interest and taxes relating to land for dwelling purposes owned or leased by cooperative housing corporations; and (4) increase the state housing credit ceiling for the low-income housing tax credit. The bill directs the Department of the Treasury to apply the savings from the enactment of this bill to the Housing Trust Fund, rental assistance programs, and the Public Housing Capital Fund. The Department of Housing and Urban Development must revise regulations for the Housing Trust Fund to: (1) increase the limitation on funds that are available for operating assistance for housing, (2) allow public housing agencies and tribally designated housing entities to be the recipients of grants that are allocated to a state or a state designated entity, and (3) eliminate the applicability of rules for the fund that are based on the HOME Investment Partnerships Act. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repetitive Flood Loss Reduction Act
of 1999''.
SEC. 2. REPETITIVE FLOOD LOSS REDUCTION.
Chapter III of the National Flood Insurance Act of 1968 is
amended--
(1) by amending section 1370(a)(2) (42 U.S.C. 4121(a)(2))
to read as follows:
``(2) the terms `United States' (when used in a geographic
sense) and `State' mean the several States and the District of
Columbia;''; and
(2) by adding after section 1367 (42 U.S.C. 4104d) the
following new section:
``SEC. 1368. REPETITIVE FLOOD LOSS REDUCTION.
``(a) Program.--The Director shall carry out a program to mitigate
repetitive flood losses to structures--
``(1) by purchasing structures in accordance with
subsection (f); and
``(2) by making grants to States, communities, and local
flood management agencies for eligible mitigation activities
described in subsection (c) that the Director determines--
``(A) have been proposed by the State, community,
or local flood management agency applying for the grant
to reduce repetitive flood losses pursuant to an
evaluation and analysis (by the State, community, or
local flood management agency) of flood risk and
multiple flood claim structures;
``(B) are likely to provide protection against
flood losses or substantially reduce damage to
structures covered by contracts for flood insurance
available under this title;
``(C) are cost-effective to the National Flood
Insurance Fund;
``(D) are technically feasible and cost-effective;
and
``(E) are consistent with other criteria that are
established by the Director to carry out the purposes
of this section.
``(b) Limitation on Grant Amounts.--The Director shall purchase
structures and make grants under this section to the extent amounts are
available pursuant to appropriation Acts, subject only to the absence
of approvable applications for such grants or of willing sellers of
appropriate structures.
``(c) Eligible Mitigation Activities.--A grant made under this
section may be used only for eligible mitigation activities that are
proposed in the application for the grant and that are described as
follows:
``(1) Elevation, relocation, demolition, or floodproofing
of structures (including public structures) located in areas
having special flood hazards or other areas of flood risk.
``(2) Minor physical mitigation efforts that do not
duplicate the flood prevention activities of other Federal
agencies, States, communities, or local flood management
agencies and that lessen the frequency or severity of flooding
and decrease predicted flood damages, which shall not include
major flood control projects such as dikes, levees, seawalls,
groins, and jetties unless the Director specifically determines
in approving a mitigation project that such projects are the
most cost-effective mitigation activities for protecting the
National Flood Insurance Fund.
``(3) Other mitigation activities that the Director
considers appropriate and specifies in regulations.
``(d) Application for Grant.--
``(1) In general.--To be eligible for a grant under this
section, a State, community, or local flood management agency
shall submit an application for such grant which contains--
``(A) a description of the mitigation activities
for which the grant is requested;
``(B) a description of the structures that the
mitigation activities will protect;
``(C) a statement of the aggregate amount of
payments made under the flood insurance program under
this title pursuant to insurance claims for structures described
pursuant to subparagraph (C);
``(D) information sufficient to demonstrate that
the mitigation activities are eligible under subsection
(c); and
``(E) any other information the Director may
reasonably require.
``(2) Time for approval or rejection.--The Director shall
approve or reject an application for a grant under this
subsection not later than 30 days after receiving such
application.
``(e) Matching Requirement.--The Director shall not provide a grant
under this section in an amount exceeding 75 percent of the total cost
of the mitigation activities to be financed using such grant. The
Director shall may not provide grants under this section for any
mitigation activities unless the State, community, or local flood
management agency that receives the grant certifies, as the Director
shall require, that at least 25 percent of the total cost of such
mitigation activities will be provided from non-Federal sources.
``(f) Purchase of Repetitive Substantial Flood Loss Structures.--
``(1) Offer to purchase.--Upon determining that an insured
structure is a repetitive substantial flood loss structure, the
Director shall offer to purchase the structure at a price not
greater than 125 percent of the fair market value of the
structure at the time of the offer. Any such offer shall
explicitly state that the offer is contingent upon the
availability of amounts under subsections (j) and (k) for such
purchase. Any such offer shall be held open, and shall not be
revocable, during the period that the structure is covered by
flood insurance under this title.
``(2) Acceptance of offer.--If an owner of a repetitive
substantial flood loss structure accepts an offer to purchase
the structure made under paragraph (1), the Director shall
purchase the structure, if amounts are available pursuant to
subsections (j) and (k). The Director may request that the
State or the a local flood management agency that has
jurisdiction with respect to the area in which the structure is
located coordinate and carry out the purchase for the Director
under the terms of the offer.
``(3) Increased premiums for refusal of offer.--
Notwithstanding section 1308, if the owner of a repetitive
substantial flood loss structure does not accept an offer made
by the Director pursuant to paragraph (1) during the period
after the offer is made having such duration as the Director
shall establish, thereafter the chargeable premium rate with
respect to the structure shall be an amount equal to 150
percent of the chargeable rate for the structure at the time
that the offer was made (as adjusted by any other premium
adjustments otherwise applicable to the structure), except as
provided in paragraph (5), and the deductible in connection
with insurance provided under this title shall increase by
$5,000 more than the deductible on such insurance at the time
that such offer was made.
``(4) Notice of continued offer.--Upon each renewal or
modification of any flood insurance coverage under this title
for a repetitive substantial flood loss structure, the Director
shall notify the owner that the offer made pursuant to
paragraph (1) is still open.
``(5) Increased premiums upon subsequent flood damage.--
Notwithstanding section 1308, if the owner of a repetitive
substantial flood loss structure does not accept an offer made
by the Director pursuant to paragraph (1) and subsequently a
flood event causes substantial damage to the structure after
such event, the chargeable premium rate with respect to the
structure shall be an amount equal to 150 percent of the
chargeable rate for the structure at the time of the event, as
adjusted by any other premium adjustments otherwise applicable
to the structure and any subsequent increases pursuant to this
paragraph, and the deductible in connection with insurance
provided under this title shall increase by $5,000 more than
the deductible on such insurance at the time of the event.
``(6) List of structures.--The Director, in consultation
with regional flood plain administrators, shall develop and
periodically update a list of repetitive substantial flood loss
structures.
``(7) Deposit of revenues.--All amounts collected from
payment of deductible and premium increases pursuant to this
subsection shall be deposited into the Repetitive Flood Loss
Reduction Fund created by subsection (j).
``(g) Disposition of Acquired Structures.--
``(1) In general.--As soon as practicable after acquisition
of a structure under this section, the Director shall offer to
transfer the structure to the local flood management agency
that has jurisdiction with respect to the area in which the
structure is located. If such a local flood management agency
does not exists or refuses such offer, the Director shall offer to
transfer the structure to the State within whose boundaries such
structure is located.
``(2) Terms and conditions.--If an offer to transfer a
structure made pursuant to paragraph (1) is accepted, the
Director shall make such transfer without compensation and upon
such other terms and conditions as the Director considers
necessary to protect the interests of the United States.
``(h) Oversight of Mitigation Activities.--The Director shall
conduct oversight of recipients of grants under this section to ensure
that the grant is used in compliance with approved mitigation
activities and that matching funds certified under subsection (e) are
used in accordance with such certification.
``(i) Recapture.--If the Director determines that a State,
community, or local flood management agency that has received a grant
under this section has not carried out the mitigation activities as set
forth in the mitigation activity, the Director shall recapture such
amounts and deposit the amounts in the Repetitive Flood Loss Reduction
Fund created by subsection (j).
``(j) Repetitive Flood Loss Reduction Fund.--There is hereby
created within the Treasury a fund which shall be known as the
`Repetitive Flood Loss Reduction Fund'. Amounts deposited into the
Repetitive Flood Loss Reduction Fund shall be available to the Director
to carry out this section to the extent provided by appropriation Acts.
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Director $100,000,000 for fiscal year 2000 to carry out
this section, and such amounts shall remain available until
expended.
``(2) Division of funds.--Of the amounts appropriated to
carry out this section, 90 percent shall be used for
acquisitions under subsection (a)(1) and 10 percent shall be
used for grants under subsection (a)(2).
``(l) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Community.--The term `community' has the meaning
given that term in section 1366(k).
``(2) Repetitive substantial flood loss structure.--The
term `repetitive substantial flood loss structure' means a
structure covered by a contract for flood insurance under this
title that has incurred flood-related damage on 3 or more
occasions in which the cumulative cost of repairs is equal to
or greater than 125 percent of the fair market value of the
structure.''. | Repetitive Flood Loss Reduction Act of 1999 - Amends the National Flood Insurance Act of 1968 to require the Director of the Federal Emergency Management Agency to carry out a program to mitigate repetitive flood losses to structures by: (1) purchasing structures; and (2) making grants to States, communities, and local flood management agencies for eligible mitigation activities that meet specified conditions.
Includes among eligible mitigation activities: (1) elevation, relocation, demolition, or floodproofing of structures located in areas having special flood hazards or other areas of flood risk; and (2) minor physical mitigation efforts that do not duplicate the flood prevention activities of other Federal agencies, States, communities, or local flood management agencies and that lessen the frequency or severity of flooding and decrease predicted flood damages, excluding major flood control projects unless the Director specifically determines that such projects are the most cost-effective mitigation activities for protecting the National Flood Insurance Fund.
Sets forth grant application requirements.
Prohibits the Director from providing a grant: (1) in an amount exceeding 75 percent of the total cost of the mitigation activities to be financed using such grant; and (2) for any such activities unless the State, community, or local flood management agency that receives the grant certifies, as the Director shall require, that at least 25 percent of the total cost of such activities will be provided from non-Federal sources.
Requires the Director, upon determining that an insured structure is a repetitive substantial flood loss structure, to offer to purchase the structure at not greater than 125 percent of its fair market value at the time of the offer. Directs that any such offer: (1) explicitly state that the offer is contingent upon the availability of specified funds for such purchase; and (2) be held open, and not be revocable, during the period that the structure is covered by flood insurance.
Requires the Director, if such owner accepts the offer and if such funds are available, to purchase the structure. Authorizes the Director to request that the State or local flood management agency that has jurisdiction with respect to the area in which the structure is located coordinate and carry out the purchase.
Provides that if the owner does not accept the offer within a specified period, the chargeable premium rate with respect to the structure shall equal 150 percent of the amount at the time the offer was made (as adjusted by any other premium adjustments otherwise applicable to the structure), with an exception, and the insurance deductible increased by $5,000 more than that at the time the offer was made. Requires the Director, upon each renewal or modification of flood insurance coverage for a repetitive substantial flood loss structure, to notify the owner that the offer is still open.
Provides that if the owner of a repetitive substantial flood loss structure does not accept an offer made by the Director and subsequently a flood event causes substantial damage to the structure, the chargeable premium rate with respect to the structure shall be an amount equal to 150 percent of the rate at the time of the event, as adjusted by any other premium adjustments otherwise applicable to the structure and any subsequent increases, and the insurance deductible increased by $5,000 more than that at the time of the event.
Requires the Director, after the acquisition of a structure, to offer to transfer the structure to: (1) the local flood management agency that has jurisdiction with respect to the area in which the structure is located; or (2) the State within whose boundaries such structure is located, if such a local flood management agency does not exist or refuses such offer. Requires the Director, if an offer is accepted, to make such transfer without compensation and upon such other terms and conditions as the Director considers necessary to protect U.S. interests.
Establishes within the Treasury the Repetitive Flood Loss Reduction Fund. Directs that all amounts collected from payment of deductible and premium increases be deposited into the Fund which shall be available to the Director to carry out this Act.
Requires the Director to: (1) develop and periodically update a list of repetitive substantial flood loss structures; (2) conduct oversight of grant recipients to ensure that the grant is used in compliance with approved mitigation activities and that certified matching funds are used in accordance with such certification; and (3) recapture and deposit in the Fund amounts from a State, community, or local flood management agency that has received a grant but has not carried out mitigation activities.
Authorizes appropriations. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research in Secondary Schools Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The quality of education in science, mathematics, and
engineering is the foundation of the Nation's future security
and prosperity.
(2) In international tests, American secondary school
students score lower in science and mathematics than their
peers in other developed countries.
(3) The number of undergraduate degrees awarded to American
students in the physical sciences, mathematics and computer
science, and engineering has been static or has declined over
the past decade, while projected demand for scientists and
engineers is predicted to increase four times faster than
overall job growth over the next ten years.
(4) New initiatives are required to stimulate the interest
of students in science, mathematics, and technology and to help
prepare them to succeed in the college courses required for
careers in these fields.
(5) Hands-on research experiences have been proven to be
effective in stimulating student interest in science,
mathematics, and technology, in building confidence in the
scientific method and problem solving, and in strengthening
understanding of scientific concepts.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Director'' means the Director of the
National Science Foundation;
(2) the term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); and
(3) the term ``science teacher'' means a science,
mathematics, or technology teacher at the secondary school
level.
SEC. 4. PROGRAM AUTHORIZED.
(a) In General.--The Director is authorized to establish a program
to improve science, mathematics, and technology education in secondary
schools through awards to institutions of higher education for the
support of research projects in science and technology at secondary
schools. Awards shall be made to institutions of higher education
through a competitive process on the basis of merit in accordance with
the guidelines, procedures, and criteria established under subsection
(c).
(b) Research Projects.--Awards provided under this section shall be
used by the recipient institutions to--
(1) provide training for science teachers in the design of
research investigations and in the preparation of research
project proposals;
(2) establish requirements for the contents and procedures
for the submission to the institution of higher education of
proposals for research projects;
(3) establish guidelines, standards, and procedures for the
selection of proposals for funding on the basis of merit and
following a competitive review process;
(4) provide grants to secondary schools for implementing
research projects;
(5) develop general guidelines for use by science teachers
in implementing research projects, including requirements for
the reporting of research results;
(6) provide stipends for graduate students to serve as
advisors and consultants for research projects that include
such a role for such graduate students; and
(7) assess the educational value of the research projects,
including by means of tracking--
(A) the academic performance in science,
mathematics, and technology of the participating
students; and
(B) the undergraduate majors later selected by
students who have participated in a research project
supported under this Act.
(c) Guidelines, Procedures, and Criteria.--The Director shall
establish and publish application and selection guidelines, procedures,
and criteria for awards under the program established under subsection
(a).
(d) Proposal Requirements.--Each application for an award under the
program established under subsection (a) shall--
(1) provide for collaboration between education faculty and
mathematics, engineering, or science faculty at the institution
of higher education;
(2) include a plan for satisfying the requirements of
subsection (b), including a description of the process to be
used for soliciting proposals for research projects and an
estimate of the number of research projects to be supported;
(3) specify the number of graduate students expected to
receive support in accordance with subsection (b)(6); and
(4) identify sources of non-Federal funding for the
proposed program in amounts at least equal to the amount of the
award sought under this section.
SEC. 5. COORDINATION.
The Director shall ensure that coordination and information
exchange, including by means of the Internet, occur on a continuing
basis among awardees under this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Science
Foundation to carry out this Act $2,500,000 for each of fiscal years
2002, 2003, and 2004. | Research in Secondary Schools Act - Authorizes the Director of the National Science Foundation to establish a program of competitive grants to institutions of higher education for specified activities in support of research projects in science and technology at secondary schools.Requires the Director to ensure that coordination and information exchange, including by means of the Internet, occur on a continuing basis among grant awardees under this Act. | billsum_train |
Summarize the following text: TITLE I
This Act may be cited as the ``Land and Liberty Protection Act of
2008''.
TITLE II
SECTION 1. SHORT TITLE.
This title may be cited as the ``Protecting Americans From Violent
Crime Act of 2008''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Second Amendment to the Constitution provides that
``the right of the people to keep and bear Arms, shall not be
infringed''.
(2) Section 2.4(a)(1) of title 36, Code of Federal
Regulations, provides that ``except as otherwise provided in
this section and parts 7 (special regulations) and 13 (Alaska
regulations), the following are prohibited: (i) Possessing a
weapon, trap or net, (ii) Carrying a weapon, trap or net, (iii)
Using a weapon, trap or net''.
(3) Section 27.42 of title 50, Code of Federal Regulations,
provides that, except in special circumstances, citizens of the
United States may not ``possess, use, or transport firearms on
national wildlife refuges'' of the United States Fish and
Wildlife Service.
(4) The regulations described in paragraphs (2) and (3)
prevent individuals complying with Federal and State laws from
exercising the second amemdment rights of the individuals while
at units of--
(A) the National Park System; and
(B) the National Wildlife Refuge System.
(5) The existence of different laws relating to the
transportation and possession of firearms at different units of
the National Park System and the National Wildlife Refuge
System entraps law-abiding gun owners while at units of the
National Park System and the National Wildlife Refuge System.
(6) The Federal laws should make it clear that the second
amendment rights of an individual at a unit of the National
Park System or the National Wildlife Refuge System should not
be infringed.
SEC. 3. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS IN UNITS OF
THE NATIONAL PARK SYSTEM AND THE NATIONAL WILDLIFE REFUGE
SYSTEM.
The Secretary of the Interior shall not promulgate or enforce any
regulation that prohibits an individual from possessing a firearm
including an assembled or functional firearm in any unit of the
National Park System or the National Wildlife Refuge System if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the unit of the National Park System
or the National Wildlife Refuge System is located.
TITLE III
SECTION 1. SHORT TITLE.
This title may be cited as the ``Government Real Estate
Accountability and Transparency Act of 2008''.
SEC. 2. ANNUAL REPORT DETAILING AMOUNT OF LAND OWNED BY FEDERAL
GOVERNMENT AND THE COST OF GOVERNMENT LAND OWNERSHIP TO
TAXPAYERS.
(a) Annual Report.--
(1) In general.--Subject to paragraph (2), not later than
May 15, 2009, and annually thereafter, the Director of the
Office of Management and Budget (referred to in this section as
the ``Director'') shall ensure that a report that contains the
information described in subsection (b) is posted on a publicly
available website.
(2) Extension relating to certain segment of report.--With
respect to the date on which the first annual report is
required to be posted under paragraph (1), if the Director
determines that an additional period of time is required to
gather the information required under subsection (b)(3)(B), the
Director may--
(A) as of the date described in paragraph (1), post
each segment of information required under paragraphs
(1), (2), and (3)(A) of subsection (b); and
(B) as of May 15, 2010, post the segment of
information required under subsection (b)(3)(B).
(b) Required Information.--An annual report described in subsection
(a) shall contain, for the period covered by the report--
(1) a description of the total quantity of--
(A) land located within the jurisdiction of the
United States, to be expressed in acres;
(B) the land described in subparagraph (A) that is
owned by the Federal Government, to be expressed--
(i) in acres; and
(ii) as a percentage of the quantity
described in subparagraph (A); and
(C) the land described in subparagraph (B) that is
located in each State, to be expressed, with respect to
each State--
(i) in acres; and
(ii) as a percentage of the quantity
described in subparagraph (B);
(2) a description of the total annual cost to the Federal
Government for maintaining all parcels of administrative land
and all administrative buildings or structures under the
jurisdiction of each Federal agency; and
(3) a list and detailed summary of--
(A) with respect to each Federal agency--
(i) the number of unused or vacant assets;
(ii) the replacement value for each unused
or vacant asset;
(iii) the total operating costs for each
unused or vacant asset; and
(iv) the length of time that each type of
asset described in clause (i) has been unused
or vacant, organized in categories comprised of
periods of--
(I) not more than 1 year;
(II) not less than 1, but not more
than 2, years; and
(III) not less than 2 years; and
(B) the estimated costs to the Federal Government
of the maintenance backlog of each Federal agency, to
be--
(i) organized in categories comprised of
buildings and structures; and
(ii) expressed as an aggregate cost.
(c) Use of Existing Annual Reports.--An annual report required
under subsection (a) may be comprised of any annual report relating to
the management of Federal real property that is published by a Federal
agency.
TITLE IV
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Trespassing Act of 2008''.
SEC. 2. NOTIFICATION REQUIREMENT.
The Secretary of the Interior shall not approve a management plan
for a National Heritage Area unless the local coordinating entity of
the proposed National Heritage Area provides written notification
through the United States mail of the designation to each individual
who resides, or owns property that is located, in the proposed National
Heritage Area.
SEC. 3. WRITTEN CONSENT REQUIREMENT.
With respect to each National Heritage Area, no employee of the
National Park Service or member of the local coordinating entity of the
National Heritage Area (including any designee of the National Park
Service or the local coordinating entity) may enter a parcel of private
property located in the National Heritage Area without the written
consent of the owner of the parcel of property.
TITLE V
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Property Protection Act of
2008''.
SEC. 2. REQUIRING CITIZEN APPROVAL OF GOVERNMENT LAND GRABS.
(a) In General.--Subject to subsections (b) and (c), the Department
of the Interior, the Department of Energy, and the Forest Service,
acting individually or in coordination, shall not assume control of any
parcel of land located in a State unless the citizens of each political
subdivision of the State in which a portion of the parcel of land is
located approve the assumption of control by a referendum.
(b) National Emergencies.--The requirement described in subsection
(a) shall not apply in the case of a national emergency, as determined
by the President.
(c) Private Landowners.--The requirement described in subsection
(a) shall not apply in the case of an exchange between a private
landowner and the Federal Government of a parcel of land.
(d) Duration of Approval.--
(1) In general.--With respect to a parcel of land described
in subsection (a), the approval of the citizens of each
political subdivision in which a portion of the parcel of land
is located terminates on the date that is 10 years after the
date on which the citizens of each political subdivision
approve the control of the parcel of land by the Department of
the Interior, the Department of Energy, or the Forest Service
under that subsection.
(2) Renewal of approval.--With respect to a parcel of land
described in subsection (a), the Department of the Interior,
the Department of Energy, or the Forest Service, as applicable,
may renew, by referendum, the approval of the citizens of each
political subdivision in which a portion of the parcel of land
is located.
TITLE VI
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do No Harm Act of 2008''.
SEC. 2. GUARANTEE OF NO ADVERSE AFFECTS TO CITIZENS AS A RESULT OF A
NATIONAL HERITAGE AREA DESIGNATION.
Each National Heritage Area designation shall not take effect until
the date on which the President certifies that--
(1) the designation of each proposed National Heritage Area
will not cause an adverse impact on--
(A) agricultural or livestock production within the
proposed National Heritage Area;
(B) energy exploration and production within the
proposed National Heritage Area;
(C) critical infrastructure located within the
proposed National Heritage Area, including the
placement and maintenance of--
(i) electric transmission and distribution
lines (including related infrastructure); and
(ii) natural gas pipelines (including
related infrastructure); and
(D) the affordability of housing; and
(2) with respect to each State in which there is located a
proposed National Heritage Area, the total deferred maintenance
backlog of the State is an amount not greater than $50,000,000,
as reported by the Director of the National Park Service to the
Federal Accounting Standards Advisory Board. | Land and Liberty Protection Act of 2008 - Protecting Americans from Violent Crime Act of 2008 - Bars the promulgation and enforcement of regulations that prohibit individuals from possessing firearms in units of the National Park System and the National Wildlife Refuge System.
Government Real Estate Accountability and Transparency Act of 2008 - Requires the submission of annual reports detailing the amount of land that is owned by the federal government and the costs of maintaining that land.
No Trespassing Act of 2008 - Bars the Secretary of the Interior from approving a management plan for a National Heritage Area unless the local coordinating entity of the proposed Area notifies the individuals who reside or own property in that Area. Prohibits any National Park Service (NPS) employee or member of the local coordinating entity of a National Heritage Area from entering private property without the owner's consent.
Taxpayer Property Protection Act of 2008 - Bars the Department of the Interior, the Department of Energy, and the Forest Service from assuming control of any land in a state unless the citizens of the political subdivisions in which the land is located approve the assumption of control by a referendum.
Do No Harm Act of 2008 - Prohibits a National Heritage Area designation from taking effect until the President certifies that it will not cause an adverse impact on specified agriculture, livestock, energy, critical infrastructure, and housing concerns. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Health Care Board Act of
2007''.
SEC. 2. FEDERAL HEALTH CARE BOARD.
(a) Federal Health Care Board.--
(1) Establishment.--
(A) In general.--There is established an
independent agency in the executive branch of the
United States Government to be known as the Federal
Health Care Board (in this section referred to as the
``Board'').
(B) Composition.--The Board shall be composed of--
(i) the members of the Board of Governors
described in paragraph (3); and
(ii) the members of the 12 Regional Boards
described in paragraph (4)(B).
(2) Duties of board.--
(A) Access, quality, and cost.--The Board shall--
(i) ensure that Americans have access to
health insurance and provide certain basic
facts about health care services prior to
receiving the care;
(ii) ensure providers are delivering safe,
evidence-based, high quality care, and are
transparent about pricing through disclosure of
actual costs;
(iii) demand transparency for disclosure of
actual costs and pricing from providers and
payers through an information clearinghouse;
(iv) establish--
(I) a national standard for a basic
health insurance plan, including a
basic minimum policy and the regional
cost for such policy;
(II) a national protocol and
standard for secure, universal, and
individual electronic medical record;
(III) loan forgiveness programs for
health care providers who serve in
underserved areas;
(IV) scholarship programs for
health care providers who serve in
underserved areas;
(V) a national standard for public
health services, including safety net
providers; and
(VI) model dispute resolution
procedures for malpractice claims that
States may adopt; and
(v) carry out the activities as provided
under paragraph (4).
(B) Monitoring.--The Board shall monitor progress
toward the objectives identified in subparagraph (A).
(3) Board of governors.--
(A) Number.--The Board of Governors shall be
composed of 12 members who shall be appointed by the
President with the advice and consent of the Senate, of
whom 1 shall be appointed from each of the 12 regions
described in paragraph (4)(A). The President shall
appoint individuals to serve on the Board of Governors
not later than 180 days after the date of enactment of
this Act.
(B) Terms.--
(i) In general.--A member of the Board of
Governors shall be appointed for a term of 14
years.
(ii) Limitation.--A member of the Board of
Governors shall not be eligible for
reappointment if such individual served a full
term of 14 years.
(C) Chairperson; vice-chairperson.--
(i) In general.--The President shall
appoint, with the advice and consent of the
Senate, 1 member of the Board of Governors to
be Chairperson of the Board, and 1 member of
such Board to be Vice-Chairperson of the Board.
(ii) Term.--A member appointed as
Chairperson or Vice-Chairperson under subclause
(I) shall serve as Chairperson or Vice-
Chairperson for a term of 4 years.
(D) Vacancies.--
(i) In general.--A vacancy on the Board of
Governors shall be filled in the same manner in
which the original appointment was made and
shall be subject to any conditions which
applied to the original appointment.
(ii) Filling unexpired term.--An individual
appointed to fill a vacancy shall be appointed
for the unexpired term of the members replaced
and may be reappointed to serve a full 14-year
term.
(E) Selection.--The members of the Board of
Governors shall be individuals with significant health
care expertise, including expertise in clinical health
care, health care quality research, public health,
health care research, purchaser organizations, rural
health care, the uninsured, chronic disease management,
long-term care, nursing, primary care, vision care,
dental care, mental health care, and health care higher
education.
(4) Regional boards.--
(A) Establishment.--Not later than 1 year after the
appointment of the initial members of the Board of
Governors, the Board of Governors shall establish 12
regions of the United States.
(B) Regional boards.--
(i) In general.--In each of the 12 regions
established under subparagraph (A), there shall
be established a Regional Board. Each Regional
Board shall be based in a major United States
city.
(ii) Composition.--Each Regional Board
shall be composed of 8 members who shall be--
(I) health care experts; and
(II) appointed by the members of
the Board of Governors.
(iii) Term.--A member of a Regional Board
shall be appointed for a term of 8 years.
(iv) Duties of regional boards.--Each
Regional Board shall provide the Board of
Governors with considerations that are relevant
to the population served by such Regional
Board.
(5) Contracting authority.--Subject to the availability of
funds, the Board may enter into contracts and make other
arrangements, as may be necessary to carry out the duties
described in paragraph (2).
(6) Staff.--Upon the request of the Board, the President
may detail, on a reimbursable basis, any of the personnel of
the Department of Health and Human Services, including the
National Institutes of Health, the Health Resources and
Services Administration, the Agency for Healthcare Quality and
Research, and the Centers for Medicare & Medicaid Services, to
the Board to assist in carrying out this subsection.
(7) Reports to congress.--Not later than 1 year after the
establishment of the Board, and annually thereafter, the Board
shall submit a report to Congress. Each such report shall
include--
(A) an inventory of recommendations for improved
coordination and integration of policy and programs;
(B) an assessment of achievement of the objectives
identified under paragraph (2) and recommendations for
realizing such objectives; and
(C) recommendations regarding Federal regulations
or administrative policies.
(b) Appropriation.--
(1) In general.--Out of funds in the Treasury not otherwise
appropriated, there are appropriated to carry out this section
such sums as may be necessary for the period of fiscal years
2008 through 2012.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available for expenditure through fiscal year
2012. | Federal Health Care Board Act of 2007 - Establishes the Federal Health Care Board as an independent agency in the executive branch.
Requires the Board to: (1) ensure that Americans have access to health insurance and are provided certain basic facts about health care services prior to receiving care; (2) ensure that providers are delivering safe, evidence-based, high quality care and are transparent about pricing through disclosure of actual costs; (3) demand transparency for disclosure of actual costs and pricing from providers and payers through an information clearinghouse; (4) establish a national standard for a basic health insurance plan (including a basic minimum policy and the regional cost for such policy), a national protocol and standard for secure, universal, and individual electronic medical records, a national standard for public health services (including safety net providers), loan forgiveness and scholarship programs for health care providers who serve in underserved areas, and model dispute resolution procedures for malpractice claims that states may adopt; and (5) monitor progress toward those objectives.
Directs the Board's Board of Governors to establish 12 regions of the United States. Establishes in each region a Regional Board, based in a major city, to provide the Board of Governors with considerations that are relevant to their region's population. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pulmonary Fibrosis Research
Enhancement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Pulmonary fibrosis (in this section referred to as
``PF'') is a relentlessly progressive, ultimately fatal disease
that affects the lungs, gradually robbing a person of the
ability to breathe.
(2) More than 200,000 individuals may be living with PF in
the United States, 48,000 individuals in the United States are
diagnosed with PF annually, and as many as 40,000 die annually.
(3) Prevalence of PF has increased more than 150 percent
since 2001, and is expected to continue rising.
(4) The median survival rate for a person with PF is 2.8
years.
(5) The cause of PF is not well understood, and in most
cases is unknown, though there is growing evidence that one
cause of PF may be environmental or occupational exposure to
pollutants.
(6) There is no Food and Drug Administration-approved
treatment or cure for PF.
(7) Public awareness of PF remains low compared to rare
diseases of lesser prevalence, despite PF's increasing
prevalence.
(8) There has been no federally funded national awareness
or educational effort to improve understanding of PF in the
public or medical communities, though nonprofit patient
education and research groups have begun to increase awareness.
The first Federal legislation expressing Congress's support for
PF research, H. Con. Res. 182, was agreed to by both Houses of
Congress in 2007.
SEC. 3. PULMONARY FIBROSIS ADVISORY BOARD AND REGISTRY.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. PULMONARY FIBROSIS ADVISORY BOARD AND REGISTRY.
``(a) Advisory Board.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of this section, the Secretary, acting through
the Director of the Centers for Disease Control and Prevention,
shall establish a board to be known as the National Pulmonary
Fibrosis Advisory Board (in this section referred to as the
`Advisory Board'). The Advisory Board shall be composed of at
least one member, to be appointed by the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, representing each of the following:
``(A) The National Institutes of Health.
``(B) The National Institute of Environmental
Health Sciences.
``(C) The Department of Veterans Affairs.
``(D) The Agency for Toxic Substances and Disease
Registry.
``(E) The Centers for Disease Control and
Prevention.
``(F) Patients with PF or their family members and
other individuals with an interest in developing and
maintaining the National PF Registry.
``(G) Patient advocates, including organizations
representing such advocates.
``(H) Clinicians with expertise on PF and related
diseases.
``(I) Epidemiologists with experience working with
data registries.
``(J) Geneticists or experts in genetics who have
experience with the genetics of PF or other
interstitial lung diseases.
``(2) Duties.--The Advisory Board shall--
``(A) review information and make recommendations
to the Secretary concerning--
``(i) the development and maintenance of
the National PF Registry;
``(ii) the type of information to be
collected and stored in the National PF
Registry;
``(iii) the manner in which such data is to
be collected;
``(iv) the use and availability of such
data, including guidelines for such use; and
``(v) the collection of information about
diseases and disorders that primarily affect
the lungs that are considered essential to
furthering the study and cure of PF; and
``(B) consult with the Director of the Centers for
Disease Control and Prevention regarding preparation of
the National Pulmonary Fibrosis Education and Awareness
Plan under section 4(a) of the Pulmonary Fibrosis
Research Enhancement Act.
``(3) Report.--Not later than 1 year after the date of
enactment of this section, the Advisory Board shall submit to
the Secretary, the Committee on Energy and Commerce of the
House of Representatives, and the Health, Education, Labor, and
Pensions Committee of the Senate a report on the review
conducted under paragraph (2), including the recommendations of
the Advisory Board resulting from such review.
``(b) Establishment of Registry.--
``(1) In general.--Not later than 1 year after the receipt
of the report required by subsection (a)(3), the Secretary,
acting through the Director of the Centers for Disease Control
and Prevention and in consultation with patients, patient
advocates, and others with expertise in research and care of
pulmonary fibrosis (referred to in this section as `PF'),
shall--
``(A) develop a system to collect data on PF and
other interstitial lung diseases that are related to
PF, including information with respect to the incidence
and prevalence of the disease in the United States; and
``(B) establish a national registry (in this
section referred to as the `National PF Registry')
that--
``(i) is used for the collection and
storage of data described in subparagraph (A);
and
``(ii) includes a population-based registry
of cases in the United States of PF and other
interstitial lung diseases that are related to
PF.
``(2) Purpose.--The purpose of the National PF Registry
shall be to gather available data concerning--
``(A) PF, including the incidence and prevalence of
PF in the United States;
``(B) environmental and occupational factors that
may be associated with the disease;
``(C) age, race or ethnicity, gender, and family
history of individuals who are diagnosed with the
disease;
``(D) pathogenesis of PF; and
``(E) other matters as determined appropriate by
the Secretary.
``(c) Coordination With State, Local, and Federal Registries.--
``(1) In general.--In establishing the National PF Registry
under subsection (b), the Secretary shall--
``(A) identify, build upon, expand, and coordinate
among existing data and surveillance systems, surveys,
registries, and other Federal public health and
environmental infrastructure wherever possible,
including--
``(i) existing systems in place at
universities, medical centers, and government
agencies;
``(ii) State-based PF registries, National
Institutes of Health registries, and Department
of Veterans Affairs registries, as available;
and
``(iii) any other relevant databases that
collect or maintain information on interstitial
lung diseases; and
``(B) provide for research access to PF data in
accordance with applicable statutes and regulations,
including those protecting personal privacy.
``(2) Coordination with nih and department of veterans
affairs.--Consistent with applicable privacy statutes and
regulations, the Secretary shall ensure that epidemiological
and other types of information obtained under subsection (b) is
made available to the National Institutes of Health and the
Department of Veterans Affairs.''.
SEC. 4. NATIONAL PULMONARY FIBROSIS EDUCATION AND AWARENESS PLAN.
(a) In General.--
(1) Preparation of plan.--The Director of the Centers for
Disease Control and Prevention, in consultation with the
National Pulmonary Fibrosis Advisory Board established under
section 317U of the Public Health Service Act, as added by
section 3 of this Act, shall prepare a comprehensive plan (in
this section referred to as the ``National Pulmonary Fibrosis
Education and Awareness Plan'').
(2) Report to congress.--Not later than one year after the
date of the enactment of this Act, and at the same time as the
report is submitted under section 317U(a)(3) of the Public
Health Service Act, the Director of the Centers for Disease
Control and Prevention shall submit the National Pulmonary
Fibrosis Education and Awareness Plan to the Committee on
Energy and Commerce and the Committee on Appropriations of the
House of Representatives and to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate.
(b) Content.--The National Pulmonary Fibrosis Education and
Awareness Plan shall--
(1) focus on strategies to increase public education and
awareness of pulmonary fibrosis;
(2) accelerate patient education strategies, with respect
to pulmonary fibrosis, nationwide;
(3) address the need for new physician education strategies
to improve diagnosis and treatment standards with respect to
pulmonary fibrosis;
(4) assess and monitor the costs of pulmonary fibrosis and
its burden on patients and families; and
(5) develop such strategies in partnership with patients,
patient advocates, and others with expertise in research and
care of pulmonary fibrosis.
SEC. 5. PULMONARY FIBROSIS RESEARCH EXPANSION.
Subpart 2 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285b et seq.) is amended by inserting after section 424C the
following:
``SEC. 424D. PULMONARY FIBROSIS RESEARCH EXPANSION.
``The Director of the Institute is encouraged to expand, intensify,
and coordinate the activities of the Institute with respect to research
on pulmonary fibrosis, as appropriate.''. | Pulmonary Fibrosis Research Enhancement Act - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to: (1) establish the National Pulmonary Fibrosis Advisory Board, (2) develop a system to collect data on pulmonary fibrosis and other interstitial lung diseases, and (3) establish the National PF Registry.
Requires the Secretary of Health and Human Services (HHS), in developing the Registry, to: (1) expand and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure; and (2) provide for research access to pulmonary fibrosis data.
Directs the Secretary to ensure that epidemiological and other types of information are made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs (VA).
Requires the Director of CDC to prepare the National Pulmonary Fibrosis Education and Awareness Plan, which shall: (1) focus on strategies to increase public education and awareness of pulmonary fibrosis, (2) address the need for new physician education strategies to improve diagnosis and treatment standards, and (3) assess and monitor the costs of pulmonary fibrosis and its burden on patients and families.
Encourages the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate Institute pulmonary fibrosis research activities. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Debris Act Reauthorization
Amendments of 2010''.
SEC. 2. PURPOSES.
Section 2 of the Marine Debris Research, Prevention, and Reduction
Act (33 U.S.C. 1951) is amended to read as follows:
``SEC. 2. PURPOSES.
``The purposes of this Act are--
``(1) to address the adverse impacts of marine debris to
the marine environment, navigation safety, and the economy
through investigation and source identification, assessment,
reduction, removal, and prevention;
``(2) to continue the Interagency Marine Debris
Coordinating Committee; and
``(3) to develop and maintain the Federal marine debris
information clearinghouse.''.
SEC. 3. NOAA MARINE DEBRIS PROGRAM.
Section 3 of the Marine Debris Research, Prevention, and Reduction
Act (33 U.S.C. 1952) is amended by striking so much as precedes
subsection (c) and inserting the following:
``SEC. 3. NOAA MARINE DEBRIS PROGRAM.
``(a) Establishment of Program.--There is established, within the
National Oceanic and Atmospheric Administration, a Marine Debris
Program to--
``(1) investigate, identify sources of, assess, reduce,
remove, and prevent the occurrence of marine debris; and
``(2) address, and where practicable prevent, adverse
impacts of marine debris on the marine environment, navigation
safety, and the economy.
``(b) Program Components.--
``(1) Investigations and assessment.--The Administrator
shall, in consultation with relevant Federal agencies,
undertake marine debris investigation and assessment efforts,
with a focus on marine debris posing a threat to the marine
environment, navigation safety, and the economy, including--
``(A) investigation, analysis, and assessment of
derelict fishing gear;
``(B) investigation, analysis, and assessment of
plastics, as pertains to the health of the marine
environment;
``(C) the establishment of a process for
maintaining an inventory of marine debris types and
their impacts found in the navigable waters of the
United States and the United States exclusive economic
zone, including impacts on the marine environment,
navigation safety, and the economy; and
``(D) measures to identify the source, location,
and projected movement of marine debris within United
States navigable waters, the United States exclusive
economic zone, and the high seas, including the use of
oceanographic, atmospheric, satellite, and remote
sensing data.
``(2) Prevent, reduce, and remove occurrence and impacts.--
The Administrator shall improve efforts to prevent, reduce, and
remove marine debris, including activities to address the
adverse impacts of derelict fishing gear, including--
``(A) working with other Federal agencies to
address land-based sources of marine debris;
``(B) developing fishing gear modifications or
alternatives to conventional fishing gear posing a
threat to the marine environment;
``(C) developing effective nonregulatory measures
and incentives to cooperatively reduce the volume of
lost and discarded fishing gear and to aid in its
recovery; and
``(D) developing and implementing strategies,
methods, priorities, and a plan for preventing and
removing marine debris in or likely to enter United
States navigable waters or the United States exclusive
economic zone, including development of local or
regional protocols for removal of derelict fishing gear
and other marine debris.
``(3) National and regional coordination.--The
Administrator shall undertake national and regional
coordination to assist States, Indian tribes, and regional
organizations to address marine debris issues that are
particular to their areas, including--
``(A) facilitating information exchange within and
among States and Indian tribes on issues relating to
marine debris investigation and assessment, prevention,
reduction, and removal activities; and
``(B) serving as an expert resource to State,
tribal, and local governments, nongovernment
organizations, fishing communities, industry, and other
entities with an interest in marine debris.
``(4) Development of tools and products.--The Administrator
shall develop tools and products to improve efforts to address
marine debris, and make these available to researchers, the
marine debris community, and the general public. The tools and
products may include--
``(A) best practices;
``(B) protocols for monitoring marine debris;
``(C) technology; and
``(D) reporting methods.
``(5) International cooperation.--The Administrator, acting
through the Marine Debris Program, may lead the development and
implementation of a strategy, in coordination with other
relevant programs, that may be pursued by the United States
with other nations and in appropriate international and
regional forums, to promote international action to reduce the
incidence of marine debris, including--
``(A) the adoption of effective marine debris
prevention and removal measures in international and
regional agreements, including fisheries agreements and
maritime agreements;
``(B) the development of standardized national
reporting and information guidelines that will assist
in improving information collection and identification
and monitoring of marine debris;
``(C) consistent with the information clearinghouse
established under section 6, the promotion of `best
practices to address marine debris';
``(D) the establishment of public-private
partnerships and funding sources for pilot programs
that will assist in implementation of marine debris
prevention and removal measures in international
agreements and guidelines;
``(E) when appropriate, provision of assistance to
the responsible Federal agency in bilateral and
multilateral efforts to effectively address marine
debris prevention; and
``(F) actions to implement the relevant
recommendations of the National Research Council report
entitled `Tackling Marine Debris in the 21st Century'
and dated 2008.''.
SEC. 4. GLOBAL MARINE DEBRIS COORDINATION CONFERENCE.
The Marine Debris Research, Prevention, and Reduction Act (33
U.S.C. 1951 et seq.) is amended by redesignating sections 7, 8, and 9
in order as sections 8, 9, and 10, and by inserting after section 6 the
following new section:
``SEC. 7. GLOBAL MARINE DEBRIS COORDINATION CONFERENCE.
``The Administrator, in coordination with representatives of the
domestic and nondomestic marine debris community, shall host a Global
Marine Debris Coordination Conference not less often than every four
years, beginning in 2015. The Conference shall be developed with a
steering committee composed of domestic and nondomestic marine debris
experts, led by the Administrator.''.
SEC. 5. DEFINITION OF MARINE DEBRIS.
Section 8 of the Marine Debris Research, Prevention, and Reduction
Act, as redesignated by section 4 of this Act, is amended--
(1) by moving paragraph (3) (relating to the definition of
``United States exclusive economic zone'') to appear as the
last paragraph of the section;
(2) by moving paragraph (6) (relating to the definition of
``territorial sea'') to appear immediately before such last
paragraph, as so moved;
(3) by amending the paragraphs after paragraph (2) as
paragraphs (4) through (10);
(4) by redesignating paragraph (2) as paragraph (3);
(5) by inserting after paragraph (1) the following new
paragraph:
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).'';
and
(6) by inserting after paragraph (3), as so redesignated,
the following new paragraph:
``(4) Marine debris.--The term `marine debris' means any
man-made object that--
``(A) intentionally or unintentionally, is
discarded, disposed of, or abandoned; and
``(B) enters the coastal or marine environment--
``(i) directly from a vessel, a facility,
or shore; or
``(ii) indirectly, by being carried via a
river, stream, or storm drain or by other
means.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Marine Debris Research, Prevention, and Reduction
Act, as redesignated by section 4 of this Act, is amended by striking
``for each fiscal year 2006 through 2010'' and inserting ``for each of
fiscal years 2011 through 2015''. | Marine Debris Act Reauthorization Amendments of 2010 - Reauthorizes appropriations through FY2015 for, and revises provisions of, the Marine Debris Research, Prevention, and Reduction Act. Replaces provisions establishing within the National Oceanic and Atmospheric Administration (NOAA) the Marine Debris Prevention and Removal Program with provisions establishing the Marine Debris Program.
Revises provisions governing such Program, including by requiring the Administrator of NOAA to: (1) investigate, identify sources of, assess, reduce, remove, and prevent the occurrence of marine debris and to address and prevent adverse impacts of such debris on the marine environment, navigation safety, and the economy; (2) address land-based sources of marine debris, develop fishing gear modifications or alternatives to conventional fishing gear posing a threat to the marine environment, and develop effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in its recovery; (3) undertake national and regional coordination to assist states, Indian tribes, and regional organizations to address marine debris issues that are particular to their areas; (4) develop tools and products to improve efforts to address marine debris and make them available to researchers, the marine debris community, and the general public; and (5) lead the development and implementation of a strategy to promote international action to reduce the incidence of marine debris.
Requires the Administrator to host a Global Marine Debris Coordination Conference in 2015 and at least every four years thereafter.
Defines "marine debris" to mean any man-made object that: (1) intentionally or unintentionally, is discarded, disposed of, or abandoned; and (2) enters the coastal or marine environment directly from a vessel, a facility, or shore or indirectly, by being carried via a river, stream, or storm drain or by other means. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``DME Access and Stabilization Act of
2015''.
SEC. 2. REVISION OF PAYMENTS FOR DURABLE MEDICAL EQUIPMENT UNDER THE
MEDICARE PROGRAM.
(a) Transition to Implementation of Fee Schedule Payment
Adjustments Using Information From Competitive Bidding Programs.--
Section 1834(a)(1) of the Social Security Act (42 U.S.C. 1395m(a)(1))
is amended by adding at the end the following new subparagraph:
``(J) Transition to implementation of payment
adjustments using information from competitive bidding
programs.--
``(i) In general.--In implementing
subparagraph (F) and paragraphs (1) and (2) of
section 414.210(g) of title 42, Code of Federal
Regulations with respect to items and services
furnished on or after January 1, 2016, and
before January 1, 2019, the fee schedule amount
that would otherwise be determined for each
area under this section shall be adjusted to
the lesser of--
``(I) the applicable percent of the
regional price determined under clause
(i) of such paragraph (1) for the
region in which such area is located;
and
``(II) the fee schedule amount that
would otherwise be determined for such
area under this section on January 1,
2015, updated by the covered item
update described in paragraph (14)(L)
for the year in which the items and
services to which such fee schedule
applies are furnished.
``(ii) Applicable percent.--For purposes of
clause (i)(I), the term `applicable percent'
means--
``(I) for an area defined as a
rural area for purposes of such section
414.210(g) or an area in a frontier
State (as defined in section
1886(d)(3)(E)(iii)(II)), 130 percent;
and
``(II) for any other area, 120
percent.
``(iii) Phase-in.--The adjustment described
in clause (i) shall be implemented over a two-
year period and in a manner that phases in such
adjustment in equal increments in each year of
such two-year period, with such adjustment
being fully implemented with respect to items
and services furnished in 2017.''.
(b) Bid Ceiling for Competitive Acquisition for Durable Medical
Equipment Under the Medicare Program.--Section 1847(b)(5) of the Social
Security Act (42 U.S.C. 1395w-3(b)(5)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``, subject to subparagraph (E),''
after ``subsection (a)(2)''; and
(B) by inserting ``, subject to subparagraph (E),''
after ``Based on such bids''; and
(2) by adding at the end the following new subparagraph:
``(E) Bid ceiling for durable medical equipment.--
In the case of covered items (as defined in section
1834(a)(13)) for which payment would otherwise be made
under section 1834(a) that are furnished with respect
to competitive bid contracts that begin on or after
January 1, 2019, the Secretary may not establish a
ceiling on bids submitted under this section for such
items that is less than the amount that would otherwise
be paid for such items under section 1834 (without the
application of subsection (a)(1)(F) of such section) on
January 1, 2015, updated by the covered item update
described in subsection (a)(14)(L) of such section for
the year in which such covered item is furnished.''.
(c) Requirements in Determining Adjustments Using Information From
Competitive Bidding Programs.--Section 1834(a)(1)(G) of the Social
Security Act (42 U.S.C. 1395m(a)(1)(G)) is amended by adding at the end
the following new sentence: ``In the case of items and services
furnished on or after January 1, 2019, in making any adjustments under
clause (ii) or (iii) of subparagraph (F), the Secretary shall solicit
and receive stakeholder input and shall also take into account the
average travel distance and cost associated with furnishing items and
services in a competitive acquisition area, the average volume of items
and services furnished by providers in such an area, the clearing price
of items and services, and the number of providers in competitive
acquisition areas compared to the number of providers in non-
competitive acquisition areas.''.
SEC. 3. LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES FOR DURABLE
MEDICAL EQUIPMENT (DME) TO MEDICARE PAYMENT RATES.
(a) Medicaid Reimbursement.--
(1) In general.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)) is amended--
(A) in paragraph (25), by striking ``or'' at the
end;
(B) in paragraph (26), by striking the period at
the end and inserting ``; or''; and
(C) by inserting after paragraph (26) the following
new paragraph:
``(27) with respect to any amounts expended by the State on
the basis of a fee schedule for items described in section
1861(n), as determined in the aggregate with respect to each
class of such items as defined by the Secretary, in excess of
the aggregate amount, if any, that would be paid for such items
within such class on a fee-for-service basis under the program
under part B of title XVIII, including, as applicable, under a
competitive acquisition program under section 1847 in an area
of the State.''.
(2) Effective date.--The amendments made by this subsection
shall be effective with respect to payments for items furnished
on or after January 1, 2020.
(b) Medicare Beneficiary Ombudsman.--Section 1808(c) of the Social
Security Act (42 U.S.C. 1395b(c)) is amended by adding at the end the
following new paragraph:
``(4) Monitoring dme reimbursement under medicaid.--The
Medicare Beneficiary Ombudsman shall evaluate the impact of the
competitive acquisition program under section 1847, including
as applied under section 1903(i)(27), on beneficiary health
status and health outcomes.''. | DME Access and Stabilization Act of 2015 This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to modify provisions relating to payment for durable medical equipment (DME) under the Medicare and Medicaid programs. (DME includes certain medically necessary equipment such as walkers, wheelchairs, and hospital beds.) With respect to DME furnished in areas that are not competitive acquisition areas, current regulations require the Centers for Medicare & Medicaid (CMS) to phase in, over a two-year period, Medicare payment adjustments using information from competitive acquisition programs. (Through such programs, payment amounts for each area are determined based on competitive bids submitted by suppliers, rather than according to an established fee schedule.) The bill codifies this requirement and specifies that CMS shall adjust fee schedule amounts to the lesser of: (1) a specified percentage of the regional amount; and (2) the amount that would otherwise be determined according to the fee schedule, with specified adjustments. In determining Medicare payment adjustments for areas that are not competitive acquisition areas, CMS shall solicit stakeholder input and take into account several specified factors. CMS may not establish a ceiling on competitive bids submitted for DME that is less than the amount that would otherwise be paid under Medicare. The Medicare Beneficiary Ombudsman shall evaluate the impact of the competitive acquisition program on beneficiary health status and health outcomes. The bill limits federal Medicaid reimbursement rates to states for DME to the rates that would be paid for such items under Medicare. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caribbean Amnesty and Relief Act''.
TITLE I--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND
DEPORTATION FOR CERTAIN ALIENS
SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN CARIBBEANS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment before April 1,
2003; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A) and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition of submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such an order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If
the Attorney General renders a final administrative decision to
deny the application, the order shall be effective and
enforceable to the same extent as if the application had not
been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a)
shall apply to any alien who is a national of countries of the
Caribbean and who has been physically present in the United
States for a continuous period, beginning not later than
September 30, 1996 and ending earlier than the date the
application for adjustment under such subsection is filed,
except an alien shall not be considered to have failed to
maintain continuous physical presence by reason of an absence,
or absences, from the United States for any periods in the
aggregate not exceeding 180 days.
(2) Proof of commencement of continuous presence.--For
purposes of establishing that the period of continuous physical
presence referred to in paragraph (1) commenced not later than
September 30, 1996, an alien--
(A) shall demonstrate that the alien, prior to
September 30, 1996 performed service, or engaged in a
trade or business, within the United States; or
(B) shall make such other demonstration of physical
presence as the Attorney General may provide for by
regulation.
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal to seek a stay of such order based on the filing of
an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such an Act and has applied for
adjustment of status under subsection (a), except where the Attorney
General has rendered a final administrative determination to deny the
application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorization'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if--
(A) the alien is a national of a Caribbean country;
(B) the spouse, child, or unmarried son or
daughter, of an alien whose status is adjusted to that
of an alien lawfully admitted for permanent residence
under subsection (a), except that in the case of such
an unmarried son or daughter, the son or daughter shall
be required to establish that they have been physically
present in the United States for a continuous period,
beginning not later than December 1, 1995, and ending
not earlier than the date the application for
adjustment is filed;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed;
(D) the alien is otherwise eligible to receive an
immigrant visa and is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for
exclusion specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply; and
(E) applies for such adjustment before April 1,
2003.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien--
(A) shall demonstrate that such period commenced
not later than December 1, 1995, in a manner consistent
with subsection (b)(2); and
(B) shall not be considered to have failed to
maintain continuous physical presence by reason of an
absence, or absences, from the United States for any
period in the aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of the State shall
not be required to reduce the number of immigrant visas authorized to
be issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible.
TITLE II--VISA FAIRNESS COMMISSION
SEC. 201. ESTABLISHMENT.
There is established in the Immigration and Naturalization Service
a commission to be known as the Visa Fairness Commission (hereafter in
this title referred to as the ``Commission''.)
SEC. 202. DUTIES.
(a) Data Collection.--The Commission, in consultation with the
Director of the Immigration and Naturalization Service, shall gather
empirical data on economic and racial profiling by the Consular Affairs
office in American embassies and by Customs and immigration inspectors
at US points of entry. In carrying out the preceding sentence, the
Commission and the Director shall, to the extent practicable, avoid
duplication of administration efforts.
(b) In General.--Section 376 of the Immigration and Nationality Act
(8 U.S.C. 1351) is amended by adding in subsection (a) the following:
``(3) Fee waiver--The Secretary of State shall waive the
visa fee for those who can prove in forma pauperis status.''.
SEC. 203. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members appointed by the Director of the INS. Members on the Commission
shall be broadly representative of the ethnic, religious, majority and
minority groups comprising the United States.
(b) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under this section without regard to section
5311(b) of title 5, United States Code.
(c) Political Affiliation.--Not more than 8 members appointed maybe
of the same political party.
(d) Terms.--
(1) In general.--Each member shall be appointed for a term
of two years, except as provided.
(e) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
member shall serve without pay.
(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 services on the
Commission.
(f) Travel Expenses.--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.
(g) Quorum.--Eight members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the
Commission shall be designated by the Director of the INS at the time
of the appointment.
(i) Meetings.--The Commission shall meet at the call of the
Chairman or a majority of its members.
SEC. 204. 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. The Director shall be paid at a rate not
to exceed the rate of basic pay payable for level V of the Executive
Schedule.
(b) Staff.--Subject to rules prescribed by the Commission, and
without regard to section 5311(b) of title 5, United States Code, the
Director may appoint additional personnel as the Director considers
appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission shall be appointed subject to the provisions of
title 5, United State Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(d) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not to exceed the daily equivalent of the rate
basic pay payable for level V of the Executive Schedule.
(e) Staff of Federal Agencies.--Upon request of the Director, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 205. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairman or Vice Chairman of the Commission, the head of the department
or agency shall furnish that information to the Commission, the head of
that department or agency shall furnish that information to the
Commission.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Chairman.
(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.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under the Act.
(g) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is be made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(h) Immunity.--Except as provided in this subsection, a person may
not be excused from testifying or from producing evidence pursuant to a
subpoena on the ground that the testimony or evidence required by the
subpoena may tend to incriminate or subject that person to criminal
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any
transaction, matter, or thing about which that person is compelled to
testify or relating to which that person is compelled to produce
evidence, except that the person may be prosecuted for perjury
committed during the testimony or made in the evidence.
(i) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for property and
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 206. ANNUAL REPORTS.
The Commission shall transmit an annual report to the Director of
the INS and the Congress not later than December 31 of each year. Each
such report shall contain a detailed statement of activities of the
Commission during the fiscal year ending in the year in which such
report is required to be submitted.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to complete the study.
TITLE III--ELIGIBILITY FOR ADJUSTMENT OF STATUS
SEC. 301. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT
OF STATUS UNDER SECTION 245(I).
Section 245(i) of the Immigration and Nationality Act (8 U.S.C.
1255(i)) is amended--
(1) in paragraph (1), by striking ``(i)(1)'' through ``to
that of an alien lawfully admitted for permanent residence.''
and inserting the following:
``(i)(1) Notwithstanding the provisions of subsections (a) and (c)
of this section, an alien physically present in the United States who--
``(A) entered the United States without inspection; or
``(B) is within one of the classes enumerated in subsection
(c) of this section;
may apply to the Attorney General for the adjustment of his or her
status to that of an alien lawfully admitted for permanent
residence.''; and
(2) in paragraph (3)(B), by striking ``, except that''
through ``286(m)''. | Caribbean Amnesty and Relief Act - Provides for the adjustment to permanent resident status of certain Caribbean country nationals (and spouses and children) who have maintained continuous physical presence in the United States since at least September 30, 1996.Establishes in the Immigration and Naturalization Service the Visa Fairness Commission, which shall gather data on economic and racial profiling by embassy Consular Affairs offices and by Customs and immigration inspectors at U.S. ports of entry.Amends the Immigration and Nationality Act to eliminate specified classification petition or labor certification requirements for certain aliens present in the United States who entered without inspection, accepted unauthorized employment, or are in unlawful status who wish to adjust to permanent resident status. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Improper Payments to
Deceased People Act''.
SEC. 2. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--
(1) In general.--Section 205(r) of the Social Security Act
(42 U.S.C. 405(r)) is amended--
(A) in paragraph (2)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by inserting ``, and to ensure the
completeness, timeliness, and accuracy of,''
after ``transmitting'';
(B) by striking paragraphs (3), (4), and (5) and
inserting the following:
``(3)(A) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection in accordance with subparagraph (B), subject to such
safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, by any Federal or State agency providing federally
funded benefits or administering a Federal program for such benefits,
including the agency operating the Do Not Pay working system for
ensuring proper payment of those benefits, through a cooperative
arrangement with the agency (that includes the agency's Inspector
General) or with an agency's Inspector General, if--
``(i) under such arrangement the agency (including, if
applicable, the agency's Inspector General) provides
reimbursement to the Commissioner of Social Security for the
reasonable cost of carrying out such arrangement, including the
reasonable costs associated with the collection and maintenance
of information regarding deceased individuals furnished to the
Commissioner pursuant to paragraph (1); and
``(ii) such arrangement does not conflict with the duties
of the Commissioner of Social Security under paragraph (1).
``(B) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, through a cooperative arrangement in order for a Federal
agency to carry out any of the following purposes, if the requirements
of clauses (i) and (ii) of subparagraph (A) are met:
``(i) Operating the Do Not Pay working system established
by section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012. Under such arrangement, the agency
operating the working system may compare death information
disclosed by the Commissioner with personally identifiable
information reviewed through the working system, and may
redisclose such comparison of information, as appropriate, to
any Federal or State agency authorized to use the working
system.
``(ii) To ensure proper payments under a Federal program or
the proper payment of federally funded benefits, including for
purposes of payment certification, payment disbursement, and
the prevention, identification, or recoupment of improper
payments.
``(iii) To carry out tax administration or debt collection
duties of the agency.
``(iv) For use by any policing agency of the Federal
Government with the principle function of prevention,
detection, or investigation of crime or the apprehension of
alleged offenders.
``(C) With respect to the reimbursement to the Commissioner of
Social Security for the reasonable cost of carrying out a cooperative
arrangement described in subparagraph (A) between the Commissioner of
Social Security and an agency, the Commissioner shall--
``(i) establish a defined calculation method for purposes
of calculating the reasonable cost of carrying out the
arrangement that does not take into account any services,
information, or unrelated payments provided by the agency to
the Commissioner; and
``(ii) reimbursement payments shall be accounted for and
recorded separately from other transactions.
``(4) The Commissioner of Social Security may enter into similar
arrangements with States to provide information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, for any of the purposes specified in paragraph (3)(B), for
use by States in programs wholly funded by the States, or for use in
the administration of a benefit pension plan or retirement system for
employees of a State or a political subdivision thereof, if the
requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For
purposes of this paragraph, the terms `retirement system' and
`political subdivision' have the meanings given such terms in section
218(b).
``(5) The Commissioner of Social Security may use or provide for
the use of information regarding all deceased individuals furnished to
or maintained by the Commissioner under this subsection, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, for statistical purposes and research activities by
Federal and State agencies if the requirements of clauses (i) and (ii)
of paragraph (3)(A) are met. For purposes of this paragraph, the term
`statistical purposes' has the meaning given that term in section 502
of the Confidential Information Protection and Statistical Efficiency
Act of 2002.''; and
(C) in paragraph (8)(A)(i), by striking
``subparagraphs (A) and (B) of paragraph (3)'' and
inserting ``clauses (i) and (ii) of paragraph (3)(A)''.
(2) Repeal.--Effective on the date that is 5 years after
the date of enactment of this Act, the amendments made by this
subsection to paragraphs (3), (4), (5), and (8) of section
205(r) of the Social Security Act (42 U.S.C. 405(r)) are
repealed, and the provisions of section 205(r) of the Social
Security Act (42 U.S.C. 605(r)) so amended are restored and
revived as if such amendments had not been enacted.
(b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraphs (A) and (B), by striking ``Secretary
of Health and Human Services'' each place it appears and
inserting ``Commissioner of Social Security''; and
(2) in subparagraph (B)(ii), by striking ``such Secretary''
and all that follows through ``deceased individuals.'' and
inserting ``such Commissioner pursuant to such contract, except
that such contract may provide that such information is only to
be used by the Social Security Administration (or any other
Federal agency) for purposes authorized in the Social Security
Act or this title.''.
(c) Report to Congress on Alternative Sources of Death Data.--
(1) Requirements.--The Director of the Office of Management
and Budget shall conduct a review of potential alternative
sources of death data maintained by the non-Federal sources,
including sources maintained by State agencies or associations
of State agencies, for use by Federal agencies and programs.
The review shall include analyses of--
(A) the accuracy and completeness of such data;
(B) interoperability of such data;
(C) the extent to which there is efficient
accessibility of such data by Federal agencies;
(D) the cost to Federal agencies of accessing and
maintaining such data;
(E) the security of such data;
(F) the reliability of such data; and
(G) a comparison of the potential alternate sources
of death data to the death data distributed by the
Commissioner of Social Security.
(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress on the results of
the review and analyses required under paragraph (1). The
report shall include a recommendation by the Director of the
Office of Management and Budget regarding whether to extend the
agency access to death data distributed by the Commissioner of
Social Security provided under the amendments made by
subsection (a)(1) beyond the date on which such amendments are
to be repealed under subsection (a)(2).
SEC. 3. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES TO CURB
IMPROPER PAYMENTS.
The Improper Payments Elimination and Recovery Improvement Act of
2012 (31 U.S.C. 3321 note) is amended by adding at the end the
following:
``SEC. 8. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES.
``(a) Guidance by the Office of Management and Budget.--
``(1) Guidance to agencies.--Not later than 6 months after
the date of enactment of this section, and in consultation with
the Council of Inspectors General on Integrity and Efficiency
and the heads of other relevant Federal, State, and local
agencies, and Indian tribes and tribal organizations, the
Director of the Office of Management and Budget shall issue
guidance for each agency or component of an agency that
operates or maintains a database of information relating to
beneficiaries, annuity recipients, or any purpose described in
section 205(r)(3)(B) of the Social Security Act (42 U.S.C.
405(r)(3)(B)) for which improved data matching with databases
relating to the death of an individual (in this section
referred to as `death databases') would be relevant and
necessary regarding implementation of this section to provide
such agencies or components access to the death databases no
later than 6 months after such date of enactment.
``(2) Plan to assist states and local agencies and indian
tribes and tribal organizations.--Not later than 1 year after
the date of enactment of this section, the Director of the
Office of Management and Budget shall develop a plan to assist
States and local agencies, and Indian tribes and tribal
organizations, in providing electronically to the Federal
Government records relating to the death of individuals, which
may include recommendations to Congress for any statutory
changes or financial assistance to States and local agencies
and Indian tribes and tribal organizations that are necessary
to ensure States and local agencies and Indian tribes and
tribal organizations can provide such records electronically.
The plan may include recommendations for the authorization of
appropriations or other funding to carry out the plan.
``(b) Reports.--
``(1) Report to congress on improving data matching
regarding payments to deceased individuals.--Not later than 270
days after the date of enactment of this section, the Director
of the Office of Management and Budget, in consultation with
the heads of other relevant Federal agencies, and in
consultation with States and local agencies, Indian tribes and
tribal organizations, shall submit to Congress a plan to
improve how States and local agencies and Indian tribes and
tribal organizations that provide benefits under a federally
funded program will improve data matching with the Federal
Government with respect to the death of individuals who are
recipients of such benefits.
``(2) Annual report.--Not later than 1 year after the date
of enactment of this section, and for each of the 4 succeeding
years, the Director of the Office of Management and Budget
shall submit to Congress a report regarding the implementation
of this section. The first report submitted under this
paragraph shall include the recommendations of the Director
required under subsection (a)(2).
``(c) Definitions.--In this section, the terms `Indian tribe' and
`tribal organization' have the meanings given those terms in section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
SEC. 4. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH DATA
MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY
ADMINISTRATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commissioner of Social Security shall submit to
Congress a plan, which shall include an estimate of the cost of
implementing the policies and procedures described in such plan, to
improve the accuracy and completeness of the death data (including,
where feasible and cost-effective, data regarding individuals who are
not eligible for or receiving benefits under titles II or XVI of the
Social Security Act) maintained and distributed by the Social Security
Administration.
(b) Content of Plan.--In developing the plan required under
subsection (a), the Commissioner of Social Security shall consider
whether to include the following elements:
(1) Procedures for--
(A) identifying individuals who are extremely
elderly, as determined by the Commissioner, but for
whom no record of death exists in the records of the
Social Security Administration;
(B) verifying the information contained in the
records of the Social Security Administration with
respect to individuals described in subparagraph (A)
and correcting any inaccuracies; and
(C) where appropriate, disclosing corrections made
to the records of the Social Security Administration.
(2) Improved policies and procedures for identifying and
correcting erroneous death records, including policies and
procedures for--
(A) identifying individuals listed as dead who are
actually alive;
(B) identifying individuals listed as alive who are
actually dead; and
(C) allowing individuals or survivors of deceased
individuals to notify the Social Security
Administration of potential errors.
(3) Improved policies and procedures to identify and
correct discrepancies in the records of the Social Security
Administration, including Social Security number records.
(4) A process for employing statistical analysis of the
death data maintained and distributed by the Social Security
Administration to determine an estimate of the number of
erroneous records.
(5) Recommendations for legislation, as necessary.
SEC. 5. REPORT ON INFORMATION SECURITY.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of Social Security shall submit a report to the
Committees on Ways and Means, Oversight and Government Reform, and
Homeland Security of the House of Representatives, and the Committees
on Finance and Homeland Security and Governmental Affairs of the Senate
that--
(1) identifies all information systems of the Social
Security Administration containing sensitive information; and
(2) describes the measures the Commissioner is taking to
secure and protect such information systems. | Stopping Improper Payments to Deceased People Act This bill requires the Social Security Administration (SSA) to pay to states their reasonable costs for compiling and sharing records of deaths with the SSA. Under current law, the SSA is not required to pay the states but may choose to do so. The SSA may share the death data with federal and state agencies for various purposes. Such purposes include ensuring proper payments of benefits and tax administration duties. The Office of Management and Budget shall develop a plan to help federal and state agencies and Indian tribes use the death data. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Graduate
Opportunities in Higher Education Act of 2003''.
(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. JAVITS FELLOWSHIP PROGRAM.
(a) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is
amended by adding at the end the following new sentence: ``In the case
of other exceptional circumstances, such as active duty military
service or personal or family member illness, the institution of higher
education may also permit the fellowship recipient to interrupt periods
of study for the duration of the tour of duty (in the case of military
service) or not more than 12 months (in any other case), but without
payment of the stipend.''.
(b) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C.
1134a(a)(1)) is amended--
(1) in the first sentence, by inserting ``from diverse
geographic regions'' after ``higher education''; and
(2) by adding at the end the following new sentence: ``The
Secretary shall also assure that at least one representative
appointed to the Board represents an institution that is
eligible for a grant under title III or V of this Act.''.
(c) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is amended--
(1) in subsection (a)--
(A) by striking ``1999-2000'' and inserting ``2004-
2005'';
(B) by striking ``shall be set'' and inserting
``may be set''; and
(C) by striking ``Foundation graduate fellowships''
and inserting ``Foundation Graduate Research Fellowship
Program''; and
(2) in subsection (b), by amending paragraph (1)(A) to read
as follows:
``(1) In general.--(A) The Secretary shall (in addition to
stipends paid to individuals under this subpart) pay to the
institution of higher education, for each individual awarded a
fellowship under this subpart at such institution, an
institutional allowance. Except as provided in subparagraph
(B), such allowance shall be, for 2004-2005 and succeeding
academic years, the same amount as the institutional payment
made for 2003-2004 adjusted for 2004-2005 and annually
thereafter in accordance with inflation as determined by the
Department of Labor's Consumer Price Index for the previous
calendar year.''.
(d) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2004 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
SEC. 3. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Designation of Areas of National Need; Priority.--Section 712
(20 U.S.C. 1135a) is amended--
(1) in the last sentence of subsection (b)--
(A) by striking ``and an assessment'' and inserting
``an assessment''; and
(B) by inserting before the period at the end the
following: ``, and the priority described in subsection
(c) of this section''; and
(2) by adding at the end the following new subsection:
``(c) Priority.--The Secretary shall establish a priority for
grants in order to prepare individuals for the professoriate who will
train highly-qualified elementary and secondary school teachers of
math, science, and special education, and teachers who provide
instruction for limited English proficient individuals. Such grants
shall offer program assistance and graduate fellowships for--
``(1) post-baccalaureate study related to teacher
preparation and pedagogy in math and science for students who
have completed a master's degree or are pursuing a doctorate of
philosophy in math and science;
``(2) post-baccalaureate study related to teacher
preparation and pedagogy in special education and English
language acquisition and academic proficiency for limited
English proficient individuals; and
``(3) support of dissertation research in the fields of
math, science, special education, or second language pedagogy
and second language acquisition.''.
(b) Collaboration Required for Certain Applications.--Section
713(b) (20 U.S.C. 1135b) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) in the case of an application for a grant by a
department, program, or unit in education or teacher
preparation, contain assurances that such department, program,
or unit collaborates with departments, programs, or units in
all content areas to assure a successful combination of
training in both teaching and such content; and''.
(c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended--
(1) by striking ``1999-2000'' and inserting ``2004-2005'';
(2) by striking ``shall be set'' and inserting ``may be
set''; and
(3) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program''.
(d) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2004-2005'';
and
(2) by striking ``1998-1999'' and inserting ``2003-2004''.
(e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2004 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
(f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is
amended--
(1) by striking ``section 716(a)'' and inserting ``section
715(a)''; and
(2) by striking ``section 714(b)(2)'' and inserting
``section 713(b)(2)''.
SEC. 4. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
(a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
1136(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) to prepare such students for study at accredited law
schools and assist them with the development of analytical
skills and study methods to enhance their success and promote
completion of law school;'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(6) to award Thurgood Marshall Fellowships to eligible
law school students--
``(A) who participated in summer institutes
authorized by subsection (d) and who are enrolled in an
accredited law school; or
``(B) who are eligible law school students who have
successfully completed a comparable summer institute
program certified by the Council on Legal Educational
Opportunity.''.
(b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C.
1136(d)(1)(D)) is amended by inserting ``in analytical skills and study
methods'' after ``courses''.
(c) Authorization of Appropriations.--Section 721(h) (20 U.S.C.
1136(h)) is amended by striking ``1999 and each of the 4 succeeding
fiscal years'' and inserting ``2004 and each of the 5 succeeding fiscal
years''.
(d) General Provisions.--Subsection (e) of section 731 (20 U.S.C.
1137(e)) is repealed.
SEC. 5. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.
(a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C.
1138(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) the encouragement of the reform and improvement of,
and innovation in, postsecondary education and the provision of
educational opportunity for all, especially for the non-
traditional student populations;'';
(2) in paragraph (2), by inserting before the semicolon at
the end the following: ``for postsecondary students, especially
those that provide academic credit for programs'';
(3) by amending paragraph (3) to read as follows:
``(3) the establishment of institutions and programs based
on the technology of communications, including delivery by
distance education;''; and
(4) by amending paragraph (6) to read as follows:
``(6) the introduction of institutional reforms designed to
expand individual opportunities for entering and reentering
postsecondary institutions and pursuing programs of
postsecondary study tailored to individual needs;''.
(b) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is
amended by striking paragraph (4) and inserting the following:
``(4) International cooperation, partnerships, or student
exchange among postsecondary educational institutions in the
United States and abroad.
``(5) Establishment of academic programs including graduate
and undergraduate courses, seminars and lectures, support of
research, and development of teaching materials for the purpose
of supporting faculty and academic programs that teach
traditional American history (including significant
constitutional, political, intellectual, economic, diplomatic,
and foreign policy trends, issues, and documents; the history,
nature, and development of democratic institutions of which
American democracy is a part; and significant events and
individuals in the history of the United States).
``(6) Support for planning, applied research, training,
resource exchanges or technology transfers, the delivery of
services, or other activities the purpose of which is to design
and implement programs to enable institutions of higher
education to work with private and civic organizations to
assist communities to meet and address their pressing and
severe problems, including economic development, community
infrastructure and housing, crime prevention, education, healthcare,
self sufficiency, and workforce preparation.''.
(c) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d)
is amended by striking ``$30,000,000 for fiscal year 1999 and such sums
as may be necessary for each of the 4 succeeding fiscal years'' and
inserting ``$40,000,000 for fiscal year 2004 and such sums as may be
necessary for each of the 5 succeeding fiscal years'' .
SEC. 6. URBAN COMMUNITY SERVICE.
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.
SEC. 7. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH DISABILITIES
RECEIVE A QUALITY HIGHER EDUCATION.
(a) Serving All Students With Disabilities.--Section 762(a) (20
U.S.C. 1140a(a)) is amended by striking ``students with learning
disabilities'' and inserting ``students with disabilities''.
(b) Authorized Activities.--
(1) Amendment.--Section 762(b)(2) is amended--
(A) in subparagraph (A), by inserting ``in order to
improve retention and completion'' after
``disabilities'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (E), respectively;
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Effective transition practices.--The
development of innovative, effective, and efficient
teaching methods and strategies to ensure the smooth
transition of students with disabilities from high
school to postsecondary education.''; and
(D) by inserting after subparagraph (C) (as
redesignated by subparagraph (B) of this paragraph) the
following new subparagraph:
``(D) Distance learning.--The development of
innovative, effective, and efficient teaching methods
and strategies to provide faculty and administrators
with the ability to provide accessible distance
education programs or classes that would enhance access
of students with disabilities to higher education,
including the use of electronic communication for
instruction and advisement.''.
(2) Conforming amendment.--Section 762(b)(3) is amended by
striking ``subparagraphs (A) through (C)'' and inserting
``subparagraphs (A) through (E)''.
(c) Applications.--Section 763 (20 U.S.C. 1140b) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) a description of how such institution plans to
address the activities allowed under this part;'';
(2) by striking ``and'' at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) a description of the extent to which an institution
will work to replicate the best practices of institutions of
higher education with demonstrated success in serving students
with disabilities.''.
(d) Authorization of Appropriations.--Section 765 (20 U.S.C. 1140d)
is amended by striking ``fiscal year 1999 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and inserting
``fiscal year 2004 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
Passed the House of Representatives October 21, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Graduate Opportunities in Higher Education Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to revise requirements for Graduate and Postsecondary Improvement Programs (title VII), and to reauthorize appropriations for some of such programs through FY 2009.
(Sec. 2) Revises the Jacob K. Javits fellowship program. Directs the Secretary of Education to give grant priority to institutions of higher education (IHEs) for fellowships to students in advanced linguistic studies and courses that prepare teachers to teach students with limited English proficiency. Permits IHEs to allow fellowship recipients an interruption of study due to active duty military service or a personal or family member illness. Revises requirements for allocation of fellowships. Directs the Secretary to ensure that one member of the fellowship board will be from a minority-serving institution. Reauthorizes appropriations through FY 2009.
(Sec. 3) Revises the program of graduate assistance in areas of national need. Directs the Secretary to give grant priority to IHEs to prepare mathematics, science and special education faculty who can train highly qualified mathematics, science, or special education teachers for service in elementary and secondary schools. Revises requirements relating to designation of areas of national need, stipends, and additional assistance. Reauthorizes appropriations through FY 2009.
(Sec. 4) Revises requirements for the Thurgood Marshall legal educational opportunity program. Revises activities for which the Council on Legal Education Opportunity (CLEO) is to use program contract and grant funds provided by the Secretary to include: (1) assisting students to develop analytical skills and study methods; and (2) awarding such fellowships to eligible law school students who either participated in summer institutes and are enrolled in an accredited law school or have successfully completed a comparable summer institute certified by CLEO. Revises types of program services to provide that undergraduate preparatory courses be in analytical skills and study methods. Reauthorizes appropriations through FY 2009.
(Sec. 5) Revises requirements for the Secretary's Fund for the Improvement of Postsecondary Education program contracts and grants. Authorizes consideration of applications for projects relating to: (1) the needs of nontraditional student populations; (2) distance education delivery through communications technology; and (3) expanded opportunities to enter and reenter postsecondary institutions and pursue study programs tailored to individual needs. Includes among special projects international partnerships with postsecondary institutions abroad. Reauthorizes appropriations through FY 2009.
Eliminates continuation awards under certain parts of title VII of HEA.
(Sec. 6) Eliminates the Urban Community Service program (part C of title VII of HEA).
(Sec. 7) Revises requirements for demonstration projects to ensure that students with disabilities receive a quality higher education. Includes among authorized project activities developing innovative, effective, and efficient teaching methods and strategies to: (1) ensure such students' smooth transition from high school to postsecondary education; and (2) enable faculty and administrators to provide accessible distance education programs or classes to enhance such students' access to higher education. Requires project grant applications to describe how the IHE will work to replicate the best practices of IHEs with demonstrated success in serving students with disabilities. Reauthorizes appropriations through FY 2009. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title.--This Act may be cited as the ``Fire Safe
Cigarette Act of 1999''.
(b) Findings.--Congress finds that--
(1) cigarette ignited fires are the leading cause of fire
deaths in the United States;
(2) in 1996 cigarette ignited fires caused--
(A) 1,083 deaths;
(B) 2,809 civilian injuries; and
(C) $420,000,000 in property damage;
(3) each year, more than 100 children are killed from
cigarette-related fires;
(4) the technical work necessary to achieve a cigarette
fire safety standard has been accomplished under the Cigarette
Safety Act of 1984 (15 U.S.C. 2054 note) and the Fire Safe
Cigarette Act of 1990 (15 U.S.C. 2054 note);
(5) it is appropriate for Congress to require the
establishment of a cigarette fire safety standard for the
manufacture and importation of cigarettes;
(6) the most recent study by the Consumer Product Safety
Commission found that the cost of the loss of human life and
personal property from the absence of a cigarette fire safety
standard is $6,000,000,000 a year; and
(7) it is appropriate that the regulatory expertise of the
Consumer Product Safety Commission be used to implement a
cigarette fire safety standard.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Cigarette.--The term ``cigarette'' has the meaning
given that term in section 3 of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1332).
(3) Stockpiling.--The term ``stockpiling'' means the
manufacturing or importing of a cigarette during the period
beginning on the date of promulgation of a rule under section
3(a) and ending on the effective date of that rule, at a rate
greater than the rate at which cigarettes were manufactured or
imported during the 1-year period immediately preceding the
date of promulgation of that rule.
SEC. 3. CIGARETTE FIRE SAFETY STANDARD.
(a) In General.--
(1) Promulgation of cigarette fire safety standard.--Not
later than 18 months after the date of enactment of this Act,
the Commission shall promulgate a rule that establishes a
cigarette fire safety standard for cigarettes to reduce the
risk of ignition presented by cigarettes.
(2) Requirements.--In establishing the cigarette fire
safety standard under paragraph (1), the Commission shall--
(A) consult with the Director of the National
Institute of Standards and Technology and make use of
such capabilities of the as the Commission considers
necessary;
(B) seek the advice and expertise of the heads of
other Federal agencies and State agencies engaged in
fire safety; and
(C) take into account the final report to Congress
made by the Commission and the Technical Study Group on
Cigarette and Little Cigar Fire Safety established
under section 3 of the Fire Safe Cigarette Act of 1990
(15 U.S.C. 2054 note), that includes a finding that
cigarettes with a low ignition propensity were already
on the market at the time of the preparation of the
report.
(b) Stockpiling.--The Commission shall include in the rule
promulgated under subsection (a) a prohibition on the stockpiling of
cigarettes covered by the rule.
(c) Effective Date of Rule.--The rule promulgated under subsection
(a) shall take effect not later than 30 months after the date of the
enactment of this Act.
(d) Procedure.--
(1) In general.--The rule under subsection (a) shall be
promulgated in accordance with section 553 of title 5, United
States Code.
(2) Construction.--Except as provided in paragraph (1), no
other provision of Federal law shall be construed to apply with
respect to the promulgation of a rule under subsection (a),
including--
(A) the Consumer Product Safety Act (15 U.S.C. 2051
et seq.);
(B) chapter 6 of title 5, United States Code;
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(D) the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121) and the
amendments made by that Act.
(e) Judicial Review.--
(1) General rule.--
(A) In general.--Any person who is adversely
affected by the rule promulgated under subsection (a)
may, at any time before the 60th day after the
Commission promulgates the rule, file a petition with
the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which that
person resides or has its principal place of business
to obtain judicial review of the rule.
(B) Petition.--Upon the filing of a petition under
subparagraph (A), a copy of the petition shall be
transmitted by the clerk of the court to the Secretary
of Commerce. The Commission shall file in the court the
record of the proceedings on which the Commission based
the rule, in the same manner as is prescribed for the
review of an order issued by an agency under section
2112 of title 28, United States Code.
(2) Additional evidence.--
(A) In general.--With respect to a petition filed
under paragraph (1), the court may order additional
evidence (and evidence in rebuttal thereof) to be taken
before the Commission in a hearing or in such other
manner, and upon such terms and conditions, as the
court considers appropriate, if the petitioner--
(i) applies to the court for leave to
adduce additional evidence; and
(ii) demonstrates, to the satisfaction of
the court, that--
(I) such additional evidence is
material; and
(II) there was no opportunity to
adduce such evidence in the proceeding
before the Commission.
(B) Modification.--With respect to the rule
promulgated by the Commission under subsection (a), the
Commission--
(i) may modify the findings of fact of the
Commission, or make new findings, by reason of
any additional evidence taken by a court under
subparagraph (A); and
(ii) if the Commission makes a modification
under clause (i), shall file with the court the
modified or new findings, together with such
recommendations as the Commission determines to
be appropriate, for the modification of the
rule, to be promulgated as a final rule under
subsection (a).
(3) Court jurisdiction.--Upon the filing of a petition
under paragraph (1), the court shall have jurisdiction to
review the rule of the Commission, as modified under paragraph
(2), in accordance with chapter 7 of title 5, United States
Code.
(f) Small Business Review.--Section 30 of the Small Business Act
(15 U.S.C. 657) shall not apply with respect to--
(1) a cigarette fire safety standard promulgated by the
Commission under subsection (a); or
(2) any agency action taken to enforce that standard.
SEC. 4. ENFORCEMENT.
(a) Prohibition.--No person may--
(1) manufacture or import a cigarette, unless the cigarette
is in compliance with a cigarette fire safety standard
promulgated under section 3(a); or
(2) fail to provide information as required under this Act.
(b) Penalty.--A violation of subsection (a) shall be considered a
violation of section 19 of the Consumer Product Safety Act (15 U.S.C.
2068).
SEC. 5. PREEMPTION.
(a) In General.--This Act, including the cigarette fire safety
standard promulgated under section 3(a), shall not be construed to
preempt or otherwise affect in any manner any law of a State or
political subdivision thereof that prescribes a fire safety standard
for cigarettes that is more stringent than the standard promulgated
under section 3(a).
(b) Defenses.--In any civil action for damages, compliance with the
fire safety standard promulgated under section 3(a) may not be admitted
as a defense. | Fire Safe Cigarette Act of 1999 - Directs the Consumer Product Safety Commission to promulgate a rule that establishes a fire safety standard for cigarettes, including a prohibition on stockpiling cigarettes covered by such rule. Prohibits the manufacture or import of cigarettes not in compliance with such standard. Authorizes a person adversely affected by such standard to file a petition for judicial review within a specified time period. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Supply Vessel Construction
and Development Act of 1994''.
SEC. 2. DEFINITION OF OFFSHORE SUPPLY VESSEL.
Section 2101(19) of title 46, United States Code, is amended to
read as follows:
``(19) `offshore supply vessel' means a motor vessel that
regularly transports goods, supplies, individuals in addition
to the crew, or equipment in support of exploration,
exploitation, or production of offshore mineral or energy
resources that--
``(A) is more than 15 regulatory gross tons but
less than 500 regulatory gross tons; or
``(B) is more than 15 international gross tons, and
not more than a maximum number of international gross
tons prescribed by regulation of the Secretary.''.
SEC. 3. APPLICATION TO VESSELS.
(a) Section 3702(b) of title 46, United States Code, is amended to
read as follows:
``(b)(1) The following vessels are deemed not to be a tank vessel
for purposes of this chapter or any other law:
``(A) An offshore supply vessel.
``(B) A fishing or fish tender vessel of not more than 750
regulatory gross tons, when engaged in the fishing industry.
``(2) This subsection does not affect the authority of the
Secretary under chapter 33 of this title to regulate the operation of
vessels listed in paragraph (1) of this subsection to ensure the safe
carriage of oil and hazardous substances.''.
(b) Section 3306(a) of title 46, United States Code, is amended
after ``safety'' by inserting ``of the marine environment and''.
(c) Section 5209 of Public Law 102-587 is repealed.
(d) Section 321 of Public Law 103-206 is repealed.
SEC. 4. AUTHORITY TO PRESCRIBE REGULATIONS FOR MANNING AND LICENSING.
(a) Section 7310 of title 46, United States Code, is amended to
read as follows: ``For service on an offshore supply vessel, an
individual may be rated as able seaman--offshore supply vessels if the
individual has the following service on deck on board vessels operating
on the oceans or the navigable waters of the United States (including
the Great Lakes):
``(1) At least 6 months service on an offshore supply
vessel of less than 500 regulatory gross tons, or 1600
international gross tons.
``(2) An amount of service prescribed by the Secretary on
an offshore supply vessel of at least 1600 international gross
tons.''.
(b) Section 7312(d) of title 46, United States Code, is amended by
striking ``a vessel of less than 500 gross tons'' through ``energy
resources'' and inserting ``an offshore supply vessel''.
(c) Section 8104(g) of title 46, United States Code, is amended--
(1) after ``offshore supply vessel'' by inserting ``of not
more than 500 regulatory gross tons or 1600 international gross
tons,'' and
(2) by adding at the end of the subsection: ``The Secretary
may prescribe requirements for the minimum number of watches on
an offshore supply vessel of more than 1600 international gross
tons.''.
(d) Section 8301(b) of title 46, United States Code, is amended--
(1) after ``offshore supply vessel'' by inserting ``of not
more than 500 regulatory gross tons or 1600 international gross
tons,'';
(2) after ``200'' by inserting ``regulatory''; and
(3) by adding at the end of the subsection, ``The Secretary
may prescribe requirements for the minimum number of licensed
individuals on an offshore supply vessel of more than 1600
international gross tons.''.
SEC. 5. CITIZENSHIP REQUIREMENT.
Section 8103(b)(3)(A) of title 46, United States Code, is amended
to read as follows:
``(A) an offshore supply vessel, or a similarly engaged
vessel of less than 1600 regulatory gross tons or to a maximum
international tonnage prescribed by regulation of the
Secretary;''.
SEC. 6. RESPONSE PLANNING REQUIREMENT.
(a) Chapter 31 of title 46, United States Code, is amended by
adding the following section:
``Sec. 3103. Vessel response plans for offshore supply vessels
``(a) The Secretary shall prescribe regulations for vessel
pollution response plans for domestic operations of an offshore supply
vessel if--
``(1) the vessel is over 400 international gross tons; and
``(2) the keel of the vessel is laid after July 18, 1994 or
the vessel undergoes a change substantially affecting its
tonnage after that date.
``(b) In prescribing regulations under this section, the Secretary
shall consider the unique characteristics, methods of operation, and
nature of the service of the vessels.''.
(b) The table of sections for chapter 31 of title 46, United States
Code, is amended by adding at the end the following:
``3103. Vessel response plans for offshore supply vessels.''.
SEC. 7. TONNAGE MEASUREMENT DEFINITIONS.
Section 14101 of title 46, United States Code, is amended--
(1) by inserting ``(a)'' before ``In this part''; and
(2) by adding at the end the following new subsection:
``(b) When used in a law, regulation, document, ruling, or other
official act referring to the tonnage measurement of a vessel--
``(1) `international gross tons' means gross tons as
measured under chapter 143 of this title; and
``(2) `regulatory gross tons' means gross tons as measured
under chapter 145 of this title.''. | Offshore Supply Vessel Construction and Development Act of 1994 - Amends Federal shipping law to revise the definition of offshore supply vessel to include vessels of more than 15 international gross tons and not more than a maximum number of international gross tons prescribed by the Secretary of Transportation.
Makes provisions governing the carriage of dangerous cargoes inapplicable to offshore supply vessels and fishing or fish tender vessels of more than 750 regulatory gross tons.
Authorizes the Secretary to prescribe regulations for the manning and licensing of able seamen on offshore supply vessels of at least 1600 international gross tons.
Requires the Secretary to prescribe regulations for vessel pollution response plans for domestic operations of certain offshore supply vessels. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlined Pollution Reporting and
Technical Assistance Act''.
SEC. 2. INTEGRATED ENVIRONMENTAL REPORTING.
(a) Establishment.--The Administrator shall establish procedures
for the streamlining and integration of requirements under Federal law
for routine and emergency pollution related reporting to the
Environmental Protection Agency.
(b) Procedures.--The procedures established under subsection (a)
shall, to the extent possible and consistent with other Federal law--
(1) designate or establish an office to serve as a single
point of contact for all pollution related reporting to the
Environmental Protection Agency, including reporting by State,
tribal, and local agencies required to submit pollution related
information to the Environmental Protection Agency;
(2) permit pollution related reporting in paper form or
through electronic media, at the option of the reporting
person, for the first 5 years after the date of the enactment
of this Act, and thereafter require pollution related reporting
through electronic media;
(3) ensure the security of electronic reporting procedures
and associated databases;
(4) require the use of consistent and easily understood
methods of description, units of measurement, and terminology
under all environmental laws and regulations, developed in
consultation with State, tribal, and local governments,
reporting persons, including industry, scientists, engineers,
environmental groups, information technology experts, and other
relevant stakeholders;
(5) minimize duplicative reporting requirements; and
(6) include appropriate procedure variations for different
classes of reporting persons.
(c) Preservation of Reporting Requirements.--Nothing in this Act
shall be construed to eliminate, or to authorize the Administrator to
eliminate, any reporting requirement under Federal law.
SEC. 3. TECHNICAL ASSISTANCE AND OUTREACH.
The office designated or established under section 2(b)(1) shall--
(1) provide education, training, and technical assistance,
including through electronic means, to persons who may be
required to report pollution related information to the
Environmental Protection Agency;
(2) inform potential reporting persons of related reporting
requirements administered by other Federal agencies;
(3) provide information useful for identifying potential
pollution;
(4) provide scientifically sound, publicly available
information on pollution prevention technologies and practices;
(5) develop and disseminate software, to the maximum extent
practicable, to assist reporting persons in assembling required
data, preparing and submitting reports, and receiving
information provided under this section;
(6) develop a strategy to provide timely assistance to
small businesses;
(7) provide information on models and best practices for
life cycle analysis of manufacturing processes and products,
including technical assistance on economics, environmental, new
market, and product development issues for businesses
interested in developing new processes that reduce the use of
resources, or in manufacturing products in a way that maximized
their potential to be converted into new products when their
primary use expires; and
(8) provide both technical and financial assistance to
State, tribal, and local governments to assist them in
developing reporting requirements consistent with the
procedures established under section 2.
SEC. 4. OFFICE.
(a) Director.--The office designated or established under section
2(b)(1) shall be headed by a Director, who shall report to the
Administrator and shall have the authority to ensure the compliance and
coordination of all offices of the Environmental Protection Agency with
the program established under this Act. The Director shall be an
individual with experience and expertise in environmental management,
information technology, and organizational management and leadership.
(b) Authority To Contract.--The Administrator may arrange for
qualified public or private organizations to perform functions
described in section 3.
SEC. 5. INTERAGENCY COORDINATION.
(a) Integration.--The Administrator shall encourage integration
between the office designated or established under section 2(b)(1) and
State, tribal, and local agencies on pollution related reporting
procedures.
(b) Other Federal Programs.--The Administrator may request from
other Federal agencies information on their pollution related reporting
procedures. Such other agencies shall promptly comply with the
Administrator's request.
SEC. 6. ADVISORY COMMITTEE.
(a) Establishment.--The Administrator, in consultation with the
Director of the Office of Science and Technology Policy, the Director
of the National Science Foundation, and the Secretary of Energy, shall
establish an advisory committee comprised of appropriate
representatives from industry, academia, government, and any other
organizations deemed appropriate.
(b) Purposes.--The purposes of the advisory committee shall be to
advise the Congress on--
(1) the status of industrial ecology or life cycle analysis
for reducing pollution and increasing resource use efficiency;
(2) the elimination of barriers to, and the increase in
utilization of, industrial ecology or life cycle analysis by
the public and private sectors;
(3) the technical capacity and expertise in the United
States for conducting industrial ecology or life cycle
analyses; and
(4) the need for basic and applied research and development
to improve the capacity of industrial ecology or life cycle
analysis.
(c) Reports.--Not later than 1 year after the date of the enactment
of this Act, the advisory committee shall transmit an interim report to
the Congress. Not later than 2 years after the date of the enactment of
this Act, the advisory committee shall transmit a final report to the
Congress.
SEC. 7. REPORTS.
Not later than 2 years after the date of the enactment of this Act,
and not later than 4 years after the date of the enactment of this Act,
the Administrator and the Comptroller General, in consultation with
representatives of all appropriate stakeholders, shall jointly prepare
and transmit to the Congress a report that--
(1) identifies provisions of law that prohibit or hinder
the implementation of this Act; and
(2) makes recommendations for improvements to the program
established by this Act.
SEC. 8. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
Environmental Protection Agency; and
(2) the term ``person'' has the meaning given that term in
section 1 of title 1, United States Code, and includes
government agencies and organizations. | Directs the designated office to: (1) provide education, training, and technical assistance to persons required to report; (2) inform potential reporting persons of related reporting requirements administered by other Federal agencies; (3) provide information useful for identifying potential pollution; (4) provide information on pollution prevention technologies and practices; (5) develop and disseminate software to assist reporting persons in assembling required data, reporting, and receiving information; (6) develop a strategy to provide timely assistance to small businesses; (7) provide information on models and best practices for life cycle analysis of manufacturing processes and products; and (8) provide technical and financial assistance to State, tribal, and local governments to assist them in developing reporting requirements consistent with procedures established under this Act.
Requires the Administrator to establish an advisory committee to advise Congress on industrial ecology or life cycle analysis. Directs the committee to report to Congress.
Directs the Administrator and the Comptroller General to prepare and transmit to Congress a report that: (1) identifies provisions of law that prohibit or hinder implementation of this Act; and (2) makes recommendations for improvements to the program established by this Act. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid and Heroin Abuse Crisis
Investment Act of 2016''.
SEC. 2. FUNDING FOR OPIOID AND HEROIN ABUSE PREVENTION AND TREATMENT.
(a) Funding.--There are authorized to be appropriated, and are
appropriated, out of monies in the Treasury not otherwise obligated,
$1,164,600,000 for the period of fiscal years 2017 and 2018, to improve
opioid prescribing practices and expand access to substance use
treatment and to reduce opioid use disorders and overdose, to be made
available in accordance with this Act and the amendments made by this
Act.
(b) State Targeted Response Cooperative Agreements.--Subpart 1 of
part B of title V of the Public Health Service Act (42 U.S.C. 290bb et
seq.) is amended by inserting after section 509 the following:
``SEC. 510. STATE TARGETED RESPONSE COOPERATIVE AGREEMENTS.
``(a) In General.--The Secretary shall enter into additional
targeted response cooperative agreements with States under this title
to expand opioid treatment capacity and make services more affordable
to those who cannot afford such services.
``(b) Awarding of Funding.--The Secretary shall allocate funding to
States under this section based on--
``(1) the severity of the opioid epidemic in the State; and
``(2) the strength of the strategy of the State to respond
to such epidemic.
``(c) Use of Funds.--Amounts received by a State under this section
shall be used to expand treatment capacity and make services more
affordable to those who cannot afford such services and to help
individuals seek treatment, successfully complete treatment, and
sustain recovery.
``(d) Funding.--From amounts appropriated under section 2(a) of the
Opioid and Heroin Abuse Crisis Investment Act, $465,000,000 is
available to carry out this section for each of fiscal years 2017 and
2018.''.
(c) Treatment for Prescription Drug Abuse and Heroin Use.--Section
331(b) of the Public Health Service Act (42 U.S.C. 254d(b)) is amended
by adding at the end the following:
``(3)(A) The Secretary shall use amounts made available under
subparagraph (B) to support enhanced loan repayment awards to increase
the number of clinicians in the Corps with medication-assisted
treatment training to treat individuals with opioid use disorders
through loan repayments to clinicians.
``(B) From amounts appropriated under section 2(a) of the Opioid
and Heroin Abuse Crisis Investment Act, $25,000,000 is available to
carry out this paragraph for each of fiscal years 2017 and 2018.''.
(d) Evaluation of Medication-Assisted Treatment.--Subpart 1 of part
B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.)
is amended by inserting after section 510, as added by subsection (b),
the following:
``SEC. 511. EVALUATION OF MEDICATION-ASSISTED TREATMENT.
``(a) In General.--In order to assess the treatment outcomes of
patients with opioid addiction receiving medication-assisted treatment,
the Secretary shall evaluate the short-, medium-, and long-term
outcomes of such substance abuse treatment programs in order to
increase effectiveness in reducing opioid use disorders, overdose, and
death.
``(b) Funding.--From amounts appropriated under section 2(a) of the
Opioid and Heroin Abuse Crisis Investment Act, $15,000,000 is available
to carry out this section for each of fiscal years 2017 and 2018.''.
(e) Medication-Assisted Treatment for Prescription Drug and Opioid
Addiction.--Section 509 of the Public Health Service Act (42 U.S.C.
290bb-2) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e), the following:
``(f) Medication-Assisted Treatment for Prescription Drug and
Opioid Addiction.--
``(1) In general.--In carrying out this section, the
Secretary shall use amounts made available under paragraph (3)
to award grants to States to expand or enhance medication-
assisted treatment utilizing medications approved by the Food
and Drug Administration in combination with psychosocial
services, recovery support services, and coordination with HIV
or hepatitis C direct services.
``(2) Funding.--From amounts appropriated under section
2(a) of the Opioid and Heroin Abuse Crisis Investment Act,
$50,100,000 is available to carry out this subsection for
fiscal year 2017.''.
(f) Dissemination of Guidelines for Preventing Prescription Drug
Overdose.--Section 317 of the Public Health Service Act (42 U.S.C.
247b) is amended by adding at the end the following:
``(n) Dissemination of Guidelines for Preventing Prescription Drug
Overdose.--
``(1) In general.--The Director of the Centers for Disease
Control and Prevention shall disseminate guidelines to improve
opioid prescribing practices to reduce opioid use disorders and
overdose.
``(2) Use of funds.--In carrying out this subsection, the
Director of the Centers for Disease Control and Prevention
shall use amounts made available under paragraph (3) to--
``(A) pilot test, evaluate, and adapt comprehensive
tools and dissemination strategies to convey opioid
prescribing guidelines of the Centers for Disease
Control and Prevention in succinct, usable formats
accessible to health care providers;
``(B) develop, evaluate, and publicly disseminate
clinical decision support tools derived from the opioid
prescribing guidelines of the Centers for Disease
Control and Prevention;
``(C) establish training modules in partnership
with professional societies and health systems,
including online modules available for continuing
medical education credits and maintenance of
certification; and
``(D) coordinate with Office of the National
Coordinator for Health Information Technology to ensure
that guidelines developed under this subsection are
effectively disseminated and translated into clinical
support tools for integration into clinical workflow.
``(3) Funding.--From amounts appropriated under section
2(a) of the Opioid and Heroin Abuse Crisis Investment Act,
$10,000,000 is available to carry out this subsection for
fiscal year 2017.''.
(g) Rural Opioid Overdose Reversal Grant Program.--Section 330A of
the Public Health Service Act (42 U.S.C. 254c) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i), the following:
``(j) Rural Opioid Overdose Reversal Grant Program.--
``(1) In general.--The Director may award grants to
eligible entities to implement activities for the prevention,
intervention, and treatment of opioid misuse and overdose.
``(2) Eligibility.--To be eligible to receive a grant under
this subsection, an entity--
``(A) shall be a rural public or rural nonprofit
private entity; and
``(B) shall represent a network composed of
participants--
``(i) that include 3 or more health care
providers; and
``(ii) that may be nonprofit or for-profit
entities.
``(3) Use of funds.--Amounts awarded under a grant under
this subsection shall be used--
``(A) to provide opioid misuse education and
prevention services;
``(B) to provide training to licensed health care
professionals and first responders in the recognition
of the signs of opioid overdose and learn the
appropriate way to administer naloxone;
``(C) to provide appropriate transportation
services to a hospital or clinic for continued care
after administration;
``(D) to refer those individuals with a drug
dependency to an appropriate substance use disorder
treatment centers where care coordination is provided
by a team of providers; and
``(E) to purchase naloxone and opioid overdose
reversal devices.
``(4) Funding.--From amounts appropriated under section
2(a) of the Opioid and Heroin Abuse Crisis Investment Act,
$10,000,000 is available to carry out this subsection for
fiscal year 2017.''.
(h) Prescription Drug Overdose Initiative.--Section 3001(c) of the
Public Health Service Act (42 U.S.C. 300jj-11(c)) is amended by adding
at the end the following:
``(9) Prescription drug overdose initiative.--
``(A) In general.--The Secretary, acting through
the National Coordinator, shall use amounts made
available under subparagraph (B) to expand efforts to
harmonize technical standards to support prescription
drug monitoring programs and health information
technology interoperability.
``(B) Funding.--From amounts appropriated under
section 2(a) of the Opioid and Heroin Abuse Crisis
Investment Act, $5,000,000 is available to carry out
this paragraph for fiscal year 2017.''.
(i) Bureau of Prisons Treatment Programs.--Section 4042 of title
18, United States Code, is amended by adding at the end the following:
``(e) Treatment Programs.--
``(1) In general.--The Director of the Bureau of Prisons
shall use amounts made available under paragraph (2) to support
drug treatment programs within the Bureau of Prisons, including
expanding the medication-assisted treatment pilot.
``(2) Funding.--From amounts appropriated under section
2(a) of the Opioid and Heroin Abuse Crisis Investment Act,
$3,000,000 is available to carry out this subsection for fiscal
year 2017.''.
(j) Second Chance Act of 2007.--Section 201 of the Second Chance
Act of 2007 (42 U.S.C. 17521) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e), the following:
``(f) Community Reintegration.--
``(1) In general.--The Attorney General shall use amounts
made available under paragraph (2) to carry out activities to
reduce recidivism and increase public safety by helping
justice-involved individuals successfully reintegrate into the
community, including by carrying out activities including
providing treatment for co-occurring disorders and providing
family-based substance abuse treatment.
``(2) Funding.--From amounts appropriated under section
2(a) of the Opioid and Heroin Abuse Crisis Investment Act,
$50,000,000 is available to carry out this subsection for
fiscal year 2017.''.
(k) Residential Substance Abuse Treatment.--Section 503 of the
Controlled Substances Act (21 U.S.C. 873) is amended by adding at the
end the following:
``(e)(1) In carrying out this section, the Attorney General may use
amounts made available under paragraph (2) to provide support for
State, local, and tribal governments in the development of residential
and aftercare services for substance-involved inmates.
``(2) From amounts appropriated under section 2(a) of the Opioid
and Heroin Abuse Crisis Investment Act, $14,000,000 is available to
carry out this section for fiscal year 2017.''.
(l) Heroin Enforcement Groups.--Part E of the Controlled Substances
Act (21 U.S.C. 871 et seq.) is amended by adding at the end the
following:
``SEC. 521. HEROIN ENFORCEMENT GROUPS.
``(a) In General.--The Attorney General shall use amounts made
available under subsection (b) to establish new heroin enforcement
groups within the Drug Enforcement Administration to target, disrupt,
and dismantle heroin trafficking organizations.
``(b) Funding.--From amounts appropriated under section 2(a) of the
Opioid and Heroin Abuse Crisis Investment Act, $12,500,000 is available
to carry out this section for fiscal year 2017.''.
(m) Emergency Designation.--The amounts made available by this Act
are designated as an emergency requirement pursuant to section 4(g) of
the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). | Opioid and Heroin Abuse Crisis Investment Act of 2016 This bill appropriates funding for the activities in the bill. This bill amends the Public Health Service Act to require the Department of Health and Human Services to enter into cooperative agreements with states to expand opioid treatment capacity, make services more affordable to those who cannot afford them, and help individuals seek treatment, successfully complete treatment, and sustain recovery. (Opioids are drugs with effects similar to opium, such as heroin and certain pain medications.) Funding must be allocated to states based on the severity of the opioid epidemic in the state and the strength of the state's strategy to respond. The Office of the National Coordinator for Health Information Technology must expand efforts to support prescription drug monitoring programs and health information technology interoperability. The Bureau of Prisons must support drug treatment programs. The bill amends the Second Chance Act to require the Department of Justice (DOJ) to help justice-involved individuals successfully reintegrate into the community. The bill amends the Controlled Substances Act to permit DOJ to support the development of residential and aftercare services for substance-involved inmates. DOJ must establish new heroin enforcement groups within the Drug Enforcement Administration to target, disrupt, and dismantle heroin trafficking organizations. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corinth Battlefield Preservation Act
of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in 1996, Congress authorized the establishment and
construction of a center--
(A) to facilitate the interpretation of the Siege
and Battle of Corinth and other Civil War actions in
the area in and around the city of Corinth,
Mississippi; and
(B) to enhance public understanding of the
significance of the Corinth campaign and the Civil War
relative to the western theater of operations, in
cooperation with--
(i) State or local governmental entities;
(ii) private organizations; and
(iii) individuals;
(2) the Corinth Battlefield was ranked as a priority 1
battlefield having critical need for coordinated nationwide
action by the year 2000 by the Civil War Sites Advisory
Commission in its report on Civil War Battlefields of the
United States;
(3) there is a national interest in protecting and
preserving sites of historic significance associated with the
Civil War; and
(4) the States of Mississippi and Tennessee and their
respective local units of government--
(A) have the authority to prevent or minimize
adverse uses of these historic resources; and
(B) can play a significant role in the protection
of the historic resources related to the Civil War
battles fought in the area in and around the city of
Corinth.
(b) Purposes.--The purposes of this Act are--
(1) to establish the Corinth Unit of the Shiloh National
Military Park--
(A) in the city of Corinth, Mississippi; and
(B) in the State of Tennessee;
(2) to direct the Secretary of the Interior to manage,
protect, and interpret the resources associated with the Civil
War Siege and the Battle of Corinth that occurred in and around
the city of Corinth, in cooperation with--
(A) the State of Mississippi;
(B) the State of Tennessee;
(C) the city of Corinth, Mississippi;
(D) other public entities; and
(E) the private sector; and
(3) to authorize a special resource study to identify other
Civil War sites area in and around the city of Corinth that--
(A) are consistent with the themes of the Siege and
Battle of Corinth;
(B) meet the criteria for designation as a unit of
the National Park System; and
(C) are considered appropriate for inclusion in the
Unit.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``Map'' means the map entitled ``Corinth
Unit'', numbered 304/80,007, and dated October 1998.
(2) Park.--The term ``Park'' means the Shiloh National
Military Park.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Unit.--The term ``Unit'' means the Corinth Unit of
Shiloh National Military Park established under section 4.
SEC. 4. ESTABLISHMENT OF CORINTH UNIT OF SHILOH NATIONAL MILITARY PARK.
(a) In General.--There is established in the States of Mississippi
and Tennessee the Corinth Unit of the Shiloh National Military Park.
(b) Composition of Unit.--The Unit shall be comprised of--
(1) the tract consisting of approximately 20 acres
generally depicted as ``Park Boundary'' on the Map, and
containing--
(A) the Battery Robinett; and
(B) the site of the interpretive center authorized
under section 602 of division I of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C.
430f-5); and
(2) any additional land that the Secretary determines to be
suitable for inclusion in the Unit that--
(A) is under the ownership of a public entity or
nonprofit organization; and
(B) has been identified by the Siege and Battle of
Corinth National Historic Landmark Study, dated January
8, 1991.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the office of the Director of the National
Park Service.
SEC. 5. LAND ACQUISITION.
(a) In General.--The Secretary may acquire land and interests in
land within the boundary of the Park as depicted on the Map, by--
(1) donation;
(2) purchase with donated or appropriated funds; or
(3) exchange.
(b) Exception.--Land may be acquired only by donation from--
(1) the State of Mississippi (including a political
subdivision of the State);
(2) the State of Tennessee (including a political
subdivision of the State); or
(3) the organization known as ``Friends of the Siege and
Battle of Corinth''.
SEC. 6. PARK MANAGEMENT AND ADMINISTRATION.
(a) In General.--The Secretary shall administer the Unit in
accordance with this Act and the laws generally applicable to units of
the National Park System, including--
(1) the Act 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
(2) the Act entitled ``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) Duties.--In accordance with section 602 of division I of the
Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 430f-
5), the Secretary shall--
(1) commemorate and interpret, for the benefit of visitors
and the general public, the Siege and Battle of Corinth and
other Civil War actions in the area in and around the city of
Corinth within the larger context of the Civil War and American
history, including the significance of the Civil War Siege and
Battle of Corinth in 1862 in relation to other operations in
the western theater of the Civil War; and
(2) identify and preserve surviving features from the Civil
War era in the area in and around the city of Corinth,
including both military and civilian themes that include--
(A) the role of railroads in the Civil War;
(B) the story of the Corinth contraband camp; and
(C) the development of field fortifications as a
tactic of war.
(c) Cooperative Agreements.--
(1) In general.--To carry this Act, the Secretary may enter
into cooperative agreements with entities in the public and
private sectors, including--
(A) colleges and universities;
(B) historical societies;
(C) State and local agencies; and
(D) nonprofit organizations.
(2) Technical assistance.--To develop cooperative land use
strategies and conduct activities that facilitate the
conservation of the historic, cultural, natural, and scenic
resources of the Unit, the Secretary may provide technical
assistance, to the extent that a recipient of technical
assistance is engaged in the protection, interpretation, or
commemoration of historically significant Civil War resources
in the area in and around the city of Corinth, to--
(A) the State of Mississippi (including a political
subdivision of the State);
(B) the State of Tennessee (including a political
subdivision of the State);
(C) a governmental entity;
(D) a nonprofit organization; and
(E) a private property owner.
(d) Resources Outside the Unit.--Nothing in subsection (c)(2)
authorizes the Secretary to own or manage any resource outside the
Unit.
SEC. 7. AUTHORIZATION OF SPECIAL RESOURCE STUDY.
(a) In General.--To determine whether certain additional properties
are appropriate for inclusion in the Unit, the Secretary shall conduct
a special resource study of land in and around the city of Corinth,
Mississippi, and nearby areas in the State of Tennessee that--
(1) have a relationship to the Civil War Siege and Battle
of Corinth in 1862; and
(2) are under the ownership of--
(A) the State of Mississippi (including a political
subdivision of the State);
(B) the State of Tennessee (including a political
subdivision of the State);
(C) a nonprofit organization; or
(D) a private person.
(b) Contents of Study.--The study shall--
(1) identify the full range of resources and historic
themes associated with the Civil War Siege and Battle of
Corinth in 1862, including the relationship of the campaign to
other operations in the western theater of the Civil War that
occurred in--
(A) the area in and around the city of Corinth; and
(B) the State of Tennessee;
(2) identify alternatives for preserving features from the
Civil War era in the area in and around the city of Corinth,
including both military and civilian themes involving--
(A) the role of the railroad in the Civil War;
(B) the story of the Corinth contraband camp; and
(C) the development of field fortifications as a
tactic of war;
(3) identify potential partners that might support efforts
by the Secretary to carry out this Act, including--
(A) State entities and their political
subdivisions;
(B) historical societies and commissions;
(C) civic groups; and
(D) nonprofit organizations;
(4) identify alternatives to avoid land use conflicts; and
(5) include cost estimates for any necessary activity
associated with the alternatives identified under this
subsection, including--
(A) acquisition;
(B) development;
(C) interpretation;
(D) operation; and
(E) maintenance.
(c) Report.--Not later than 1 year and 180 days after the date on
which funds are made available to carry out this section, the Secretary
shall submit a report describing the findings of the study under
subsection (a) to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Resources of the House of
Representatives.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, including $3,000,000 for the construction of an
interpretive center under section 602(d) of division I of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C. 430f-5(d)). | Corinth Battlefield Preservation Act of 1999 - Establishes the Corinth Unit of the Shiloh National Military Park in the States of Mississippi and Tennessee to be composed of: (1) the Battery Robinett and the site of the interpretative center authorized under the Omnibus Parks and Public Lands Management Act of 1996; and (2) any additional land the Secretary of the Interior determines is suitable for inclusion that is owned by a public entity or nonprofit organization and identified by the Siege and Battle of Corinth National Historic Landmark Study, dated January 8, 1991.
Requires the Secretary to study and report to specified congressional committees on whether certain additional properties are appropriate for inclusion in the Unit.
Authorizes appropriations. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Government Spending
Accountability and Oversight Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the Federal
Government Spending Accountability and Oversight Commission (in this
Act referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission--
(1) shall conduct a survey on cost control in the Federal
Government;
(2) shall conduct in-depth reviews of the operations of
Executive agencies to evaluate potential improvements in agency
operations; and
(3) shall advise and make recommendations to Congress, the
President, and the heads of Executive agencies with respect to
improving management and reducing costs.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 24
members appointed as follows:
(1) 8 individuals appointed by the President.
(2) 4 individuals appointed by the Speaker of the House of
Representatives.
(3) 4 individuals appointed by the minority leader of the
House of Representatives.
(4) 4 individuals appointed by the majority leader of the
Senate.
(5) 4 individuals appointed by the minority leader of the
Senate.
(b) Qualifications of Members.--
(1) Prohibition on government employees.--Individuals
appointed to the Commission shall not be officers or employees
of a government.
(2) Other qualifications.--Individuals appointed to the
Commission shall possess extensive experience in their
respective fields, and shall be qualified to study government
spending and budget practices.
(3) Political party affiliation.--Not more than 4 members
of the Commission appointed by the President under subsection
(a)(1) shall be from the same political party.
(c) Deadline for Appointment.--Appointments shall be made not later
than 60 days after the date of enactment of this Act.
(d) Continuation of Membership.--If a member is appointed to the
Commission, and later becomes an officer or employee of a government,
that member may continue as a member of the Commission for not longer
than the 30-day period beginning on the date that member becomes such
an officer or employee.
(e) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made not
later than 30 days after the date on which the vacancy occurs.
(f) Basic Pay.--Members shall serve without pay.
(g) Quorum.--13 members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(h) Chairperson.--The Chairperson of the Commission shall be
elected by the members. The term of office of the Chairperson shall be
the duration of the Commission.
(i) Meetings.--The Commission shall meet not fewer than one time
per month at the call of the Chairperson.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson. The Director shall be paid at a rate to
be determined by the Commission.
(b) Staff.--With the approval of the Chairperson, the Director may
appoint personnel as the Director considers appropriate. Such personnel
shall be paid at a rate to be determined by the Director, with the
approval of the Chairperson.
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.
(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 Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson, the head of that department or agency shall furnish to the
Committee, its staff, and the Secretary of Commerce such information,
including information relating to the structure, organization,
personnel, and operations of that department or agency, to the extent
permitted by law.
(d) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
(e) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Chairperson. For purposes of Federal
income, estate, and gift taxes, property accepted under this subsection
shall be considered as a gift, bequest, or devise to the United States.
SEC. 7. JOINT PROJECTS.
The Secretary of Commerce may engage in joint projects, or perform
services, on matters of mutual interest with the Commission in
accordance with Public Law 91-412 (15 U.S.C. 1525).
SEC. 8. REPORTS.
(a) Preliminary Report.--Not later than 6 months after the date of
enactment of this Act, the Commission shall submit to the President and
Congress a report containing its findings.
(b) Interim Report.--Not later than 12 months after the date of
enactment of this Act, the Commission shall submit to the President and
Congress a report containing its findings.
(c) Final Report.--Not later than 18 months after the date of
enactment of this Act, the Commission shall submit to the President and
Congress a report containing--
(1) the findings and conclusions of the Commission; and
(2) specific recommendations for legislative and
administrative actions determined by the Commission to be
appropriate.
(d) Considerations.--In preparing reports required under this
section, the Commission shall consider the following:
(1) Executive or congressional action that can increase
efficiency and reduce costs in the Federal Government.
(2) Areas where managerial accountability can be enhanced
and administrative control can be improved.
(3) Long and short-term opportunities for managerial
improvement.
(4) Specific areas where potential savings justify further
study.
(5) Information and data relating to governmental
expenditures, indebtedness, and personnel management.
(6) Federal programs that can be terminated because the
objectives of the program have been terminated or are
duplicated by another Federal program.
(7) Federal programs that can be carried out more
efficiently and cost-effectively by the private sector.
SEC. 9. DEFINITION OF EXECUTIVE AGENCY.
In this Act, the term ``Executive agency'' has the meaning given
that term by section 105 of title 5, United States Code.
SEC. 10. FUNDING.
All of the expenses of the Commission shall be paid from non-
Federal sources.
SEC. 11. TERMINATION.
The Commission shall terminate not later than 30 days after the
date of submission of the report required under section 8(c). | Federal Government Spending Accountability and Oversight Act - Establishes the Federal Government Spending Accountability and Oversight Commission to : (1) conduct a survey on cost control in the federal government; (2) conduct in-depth reviews of the operations of Executive agencies to evaluate potential improvements in agency operations; and (3) advise and make recommendations to Congress, the President, and the heads of Executive agencies with respect to improving management and reducing costs. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Life Sustaining Treatment
Preferences Act of 2008''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Serious illness, death, and dying are often difficult
subjects to talk about for individuals, their families, and
health care professionals.
(2) Poor communication about preferences for care at the
end of life can cause distress for both patients and their
families.
(3) As individuals approach the last chapter of their life,
more can be done to educate them about treatment choices and
help individuals communicate to health providers what care they
want or do not want to receive.
(4) A decade of research has demonstrated that orders for
life sustaining treatment effectively convey treatment
preferences, guiding medical personnel in providing or
withholding interventions.
(5) Orders for life sustaining treatment differ from
advance directives. Advance directives (including living wills
and durable powers of attorney for health care) must be
completed while individuals have the capacity to complete them
and generally apply to future, hypothetical medical
circumstances when decisionmaking capacity is lost. Patients'
values, goals, and preferences, as expressed in advance
directives, require a thoughtful interpretive process to apply
to specific medical circumstances in real time. Yet, patients
and proxy decisionmakers are often uncertain how to apply and
implement patients' values and goals in unfamiliar health care
settings when real treatment plans and complicated decisions
need to be made.
(6) Orders for life sustaining treatment complement
advances directives by providing a process to focus patients'
values, goals, and preferences on current medical circumstances
and to translate them into visible and portable medical orders
applicable across care settings, including home, long-term
care, emergency medical services, and hospitals. Without such
medical orders emergency medical personnel may be required to
provide treatments that may not be consistent with the
individual's preferences. Completion of such an order is
equally valuable to patients who have not executed advance
directives.
(7) The following States have implemented or are developing
statewide programs for orders for life sustaining treatment:
California, Colorado, Georgia, Florida, Hawaii, Idaho,
Louisiana, Michigan, Missouri, Nebraska, New Hampshire, New
York, North Carolina, Ohio, Oregon, Tennessee, Texas, Utah,
Washington, and West Virginia. Localities within Maine,
Minnesota, Nevada, North Dakota, Pennsylvania, and Wisconsin
have implemented or are developing programs for orders for life
sustaining treatment.
(8) Programs for orders for life sustaining treatment
provide valuable services to individuals, their families, and
health care providers through educational materials,
professional training on advance care planning, coordinating
and collaborating with hospitals, skilled nursing facilities,
hospice programs, home health agencies, and emergency medical
services to implement such orders across the continuum of care,
and monitoring the success of the program.
(9) Medicare pays for acute care services provided to
beneficiaries, but does not pay for informed discussions
between beneficiaries and health providers to allow
beneficiaries the opportunity to determine if they desire such
acute care in the last months and years of life.
SEC. 3. MEDICARE COVERAGE OF CONSULTATION REGARDING ORDERS FOR LIFE
SUSTAINING TREATMENT.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x), as amended by sections 101(a), 144(a), and 152(b) of the
Medicare Improvements for Patients and Providers Act of 2008 (Public
Law 110-275), is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(DD);
(B) by adding ``and'' at the end of subparagraph
(EE); and
(C) by adding at the end the following new
subparagraph:
``(FF) consultations regarding an order for life
sustaining treatment (as defined in subsection
(hhh)(1)) for qualified individuals (as defined in
subsection (hhh)(3));''; and
(2) by adding at the end the following new subsection:
``Consultation Regarding an Order for Life Sustaining Treatment
``(hhh)(1) The term `consultation regarding an order for life
sustaining treatment' means, with respect to a qualified individual,
consultations between the individual and the individual's physician (as
defined in subsection (r)(1)) (or other health care professional
described in paragraph (2)(A)) and, to the extent applicable,
registered nurses, nurse practitioners, physicians' assistants, and
social workers, regarding the establishment, implementation, and
changes in an order regarding life sustaining treatment (as defined in
paragraph (2)) for that individual. Such a consultation may include a
consultation regarding--
``(A) the reasons why the development of such an
order is beneficial to the individual and the
individual's family and the reasons why such an order
should be updated periodically as the health of the
individual changes;
``(B) the information needed for an individual or
legal surrogate to make informed decisions regarding
the completion of such an order; and
``(C) the identification of resources that an
individual may use to determine the requirements of the
State in which such individual resides so that the
treatment wishes of that individual will be carried out
if the individual is unable to communicate those
wishes, including requirements regarding the
designation of a surrogate decisionmaker (also known as
a health care proxy).
The Secretary may limit consultations regarding an order
regarding life sustaining treatment to consultations furnished
in States, localities, or other geographic areas in which such
orders have been widely adopted.
``(2) The terms `order regarding life sustaining treatment' means,
with respect to an individual, an actionable medical order relating to
the treatment of that individual that--
``(A) is signed by a physician (as defined in subsection
(r)(1)) or another health care professional (as specified by
the Secretary and who is acting within the scope of the
professional's authority under State law in signing such an
order) and is in a form that permits it to be followed by
health care professionals and providers across the continuum of
care, including hospitals, nursing facilities, and emergency
medical technicians;
``(B) effectively communicates the individual's preferences
regarding life sustaining treatment, including an indication of
the treatment and care desired by the individual;
``(C) is uniquely identifiable and standardized within a
given locality, region, or State (as identified by the
Secretary);
``(D) is portable across care settings; and
``(E) may incorporate any advance directive (as defined in
section 1866(f)(3)) if executed by the individual.
``(3) The term `qualified individual' means an individual who a
physician (as defined in subsection (r)(1)) (or other health care
professional described in paragraph (2)(A)) determines has a chronic,
progressive illness and, as a consequence of such illness, is as likely
as not to die within 1 year.
``(4) The level of treatment indicated under paragraph (2)(B) may
range from an indication for full treatment to an indication to limit
some or all or specified interventions. Such indicated levels of
treatment may include indications respecting, among other items--
``(A) the intensity of medical intervention if the patient
is pulseless, apneic, or, has serious cardiac or pulmonary
problems;
``(B) the individual's desire regarding transfer to a
hospital or remaining at the current care setting;
``(C) the use of antibiotics; and
``(D) the use of artificially administered nutrition.''.
(b) Payment.--
(1) In general.--Section 1848(j)(3) of such Act (42 U.S.C.
1395w-4(j)(3)), as amended by sections 144(a)(2) and
152(b)(1)(C) of the Medicare Improvements for Patients and
Providers Act of 2008 (Public Law 110-275), by inserting
``(2)(FF),'' after ``(2)(EE),''.
(2) Construction.--Nothing in this section shall be
construed as preventing the payment for a consultation
regarding an order regarding life sustaining treatment to be
made to multiple health care providers if they are providing
such consultation as a team, so long as the total amount of
payment is not increased by reason of the payment to multiple
providers.
(c) Effective Date.--The amendments made by this section shall
apply to consultations furnished on or after January 1, 2010.
SEC. 4. GRANTS FOR PROGRAMS FOR ORDERS REGARDING LIFE SUSTAINING
TREATMENT.
(a) In General.--The Secretary of Health and Human Services shall
make grants to eligible entities for the purpose of--
(1) establishing new programs for orders regarding life
sustaining treatment in a States or localities;
(2) expanding or enhancing an existing program for orders
regarding life sustaining treatment in States or localities; or
(3) providing a clearinghouse of information on programs
for orders for life sustaining treatment and consultative
services for the development or enhancement of such programs.
(b) Authorized Activities.--Activities funded through a grant under
this section for an area may include--
(1) developing such a program for the area that includes
hospitals, skilled nursing facilities, hospice programs, home
health agencies, and emergency medical technicians within the
area;
(2) securing consultative services and advice from
institutions with experience in developing and managing such
programs; and
(3) expanding an existing program for orders regarding life
sustaining treatment to serve more patients or enhance the
quality of services, including educational services for
patients and patients' families or training of health care
professionals.
(c) Distribution of Funds.--In funding grants under this section,
the Secretary shall ensure that, of the funds appropriated to carry out
this section for each fiscal year--
(1) at least two-thirds are used for establishing or
developing new programs for orders regarding life sustaining
treatment; and
(2) one-third is used for expanding or enhancing existing
programs for orders regarding life sustaining treatment.
(d) Definitions.--In this section:
(1) The term ``eligible entity'' includes--
(A) an academic medical center, a medical school, a
State health department, a State medical association, a
multi-State taskforce, a hospital, or a health system
capable of administering a program for orders regarding
life sustaining treatment for a State or locality; or
(B) any other health care agency or entity as the
Secretary determines appropriate.
(2) The term ``order regarding life sustaining treatment''
has the meaning given such term in section 1861(hhh)(2) of the
Social Security Act, as added by section 3.
(3) The term ``program for orders regarding life sustaining
treatment'' means, with respect to an area, a program that
supports the active use of orders regarding life sustaining
treatment in the area.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 2009 through 2014. | Life Sustaining Treatment Preferences Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Improvements for Patients and Providers Act of 2008, to extend Medicare coverage to consultations regarding an order for life sustaining treatment for qualified individuals.
Directs the Secretary of Health and Human Services to make grants to eligible entities to: (1) establish new programs for orders regarding life sustaining treatment in a state or locality; (2) expand or enhance an existing program; or (3) set up a clearinghouse of information on programs for such orders and consultative services for the development or enhancement of such programs. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Front to Heroes Postal Benefits
Act''.
SEC. 2. POSTAL BENEFITS PROGRAM FOR SENDING FREE MAIL TO MEMBERS OF THE
ARMED FORCES SERVING IN CERTAIN OVERSEAS OPERATIONS AND
HOSPITALIZED MEMBERS.
(a) Availability of Postal Benefits.--The Secretary of Defense, in
consultation with the United States Postal Service, shall provide for a
program under which postal benefits are provided during fiscal year
2010 to qualified individuals in accordance with this section.
(b) Qualified Individual.--In this section, the term ``qualified
individual'' means a member of the Armed Forces described in subsection
(a)(1) of section 3401 of title 39, United States Code, who is entitled
to free mailing privileges under such section.
(c) Postal Benefits Described.--
(1) Vouchers.--The postal benefits provided under the
program shall consist of such coupons or other similar evidence
of credit (in this section referred to as a ``voucher'') to
permit a person possessing the voucher to make a qualified
mailing to any qualified individual without charge using the
Postal Service. The vouchers may be in printed, electronic, or
such other format as the Secretary of Defense, in consultation
with the Postal Service, shall determine to be appropriate.
(2) Qualified mailing.--In this section, the term
``qualified mailing'' means the mailing of a single mail piece
which--
(A) is first-class mail (including any sound- or
video-recorded communication) not exceeding 13 ounces
in weight and having the character of personal
correspondence or parcel post not exceeding 15 pounds
in weight;
(B) is sent from within an area served by a United
States post office; and
(C) is addressed to any qualified individual.
(3) Coordination rule.--Postal benefits under the program
are in addition to, and not in lieu of, any reduced rates of
postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title 39,
United States Code.
(d) Number of Vouchers.--A member of the Armed Forces shall be
eligible for one voucher for every month (or part of a month) during
fiscal year 2010 in which the member is a qualified individual. Subject
to subsection (f)(2), a voucher earned during fiscal year 2010 may be
used after the end of such fiscal year.
(e) Transfer of Vouchers.--A qualified individual may transfer a
voucher to a member of the family of the qualified individual, a
nonprofit organization, or any other person selected by the qualified
individual for use to send qualified mailings to the qualified
individual or other qualified individuals.
(f) Limitations on Use; Duration.--A voucher may not be used--
(1) for more than one qualified mailing, whether that
mailing is a first-class letter or a parcel; or
(2) after the expiration date of the voucher, as designated
by the Secretary of Defense.
(g) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense (in consultation with
the Postal Service) shall prescribe such regulations as may be
necessary to carry out the program, including--
(1) procedures by which vouchers will be provided or made
available in timely manner to qualified individuals; and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (d).
(h) Transfers of Funds to Postal Service.--
(1) Based on estimates.--The Secretary of Defense shall
transfer to the Postal Service, out of amounts available to
carry out the program and in advance of each calendar quarter
during which postal benefits may be used under the program, an
amount equal to the amount of postal benefits that the
Secretary estimates will be used during such quarter, reduced
or increased (as the case may be) by any amounts by which the
Secretary finds that a determination under this subsection for
a prior quarter was greater than or less than the amount
finally determined for such quarter.
(2) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than six months
after the expiration date of the final vouchers issued under
the program.
(3) Consultation required.--All estimates and
determinations under this subsection of the amount of postal
benefits under the program used in any period shall be made by
the Secretary of Defense in consultation with the Postal
Service. | Home Front to Heroes Postal Benefits Act - Directs the Secretary of Defense to provide for a program under which postal benefit vouchers are provided during FY2010 for members of the Armed Forces who are serving in overseas operations or who are hospitalized due to a disease or injury incurred as a result of such service. Permits the vouchers to be transferred to another person to allow that person to mail correspondence and small parcels to the member.
Limits vouchers to one per month. Allows a voucher earned during FY2010 to be used after the end of that fiscal year.
Directs the Secretary to transfer to the Postal Service an amount representing the amount of the vouchers used. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``John H. Chafee Blackstone River
Valley National Heritage Corridor Sustainability Report Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Blackstone River Valley National Heritage Corridor
(redesignated the John H. Chafee Blackstone River Valley
National Heritage Corridor in 1999) was established in 1986 in
recognition of the national importance of the region as the
birthplace of the American Industrial Revolution;
(2) the Corridor has become a national model of how the
National Park Service can work cooperatively with local
communities and a multi-agency partnership to create a seamless
system of parks, preserved historic sites, and open spaces that
enhance the protection and understanding of America's heritage,
without Federal ownership and regulations;
(3) the Corridor is managed by a bi-State, 19-member
Federal commission representing Federal, State and local
authorities from the Commonwealth of Massachusetts and the
State of Rhode Island whose mandate has been to implement an
approved integrated resource management plan;
(4) the authorization and funding for the John H. Chafee
Blackstone River Valley National Heritage Commission are
scheduled to expire in November 2006, while the Federal
designation of the area and its boundaries continues in
perpetuity; and
(5) the National Park System Advisory Board will be
reviewing the future of all national heritage areas and making
recommendations to the Director of the National Park Service
and the Secretary of the Interior.
(b) Purposes.--The purposes of this Act are--
(1) to explore the options for preserving, enhancing, and
interpreting the resources of the John H. Chafee Blackstone
River Corridor and the partnerships that sustain those
resources; and
(2) to direct the Director of the National Park Service to
submit to Congress a report that--
(A) analyzes the sustainability of the Corridor;
and
(B) provides recommendations for the future of the
Corridor.
SEC. 3. DEFINITIONS.
In this Act:
(1) Corridor.--The term ``Corridor'' means the John H.
Chafee Blackstone River Valley National Heritage Corridor.
(2) Commission.--The term ``Commission'' means the John H.
Chafee Blackstone River Valley National Heritage Commission.
(3) Director.--The term ``Director'' means the Director of
the National Park Service.
SEC. 4. REPORT.
(a) In General.--The Director shall prepare a report on the
sustainability of the Corridor.
(b) Components.--The report prepared under subsection (a) shall--
(1) document the progress that has been made in
accomplishing the purpose of Public Law 99-647 (6 U.S.C. 461
note; 100 Stat. 3625) and the strategies and goals set forth in
the Cultural Heritage and Land Management Plan for the
Corridor, including--
(A) historic preservation;
(B) interpretation and education;
(C) environmental recovery;
(D) recreational development; and
(E) economic improvement;
(2) based on the results documented under paragraph (1),
identify further actions and commitments that are needed to
protect, enhance, and interpret the Corridor;
(3)(A) determine the extent of Federal funding provided to
the Corridor; and
(B) determine how the Federal funds have leveraged
additional Federal, State, local, and private funding for the
Corridor since the establishment of the Corridor; and
(4)(A) evaluate the Commission form of authority and
management structure for the Corridor, as established by Public
Law 99-647 (6 U.S.C. 461 note; 100 Stat. 3625); and
(B) identify and evaluate options for a permanent National
Park Service designation or a State park or regional entity as
a sustainable framework to achieve the national interest of the
Blackstone Valley.
(c) Coordination.--To the maximum extent practicable, the Director
shall prepare the report in coordination with the National Park System
Advisory Board.
(d) Submission to Congress.--Not later than 1 year after the date
on which funds are made available to carry out this Act, the Director
shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate the report prepared under subsection (a).
(e) Funding.--Funding to prepare the report under this Act shall be
made available from annual appropriations for the Commission. | John H. Chafee Blackstone River Valley National Heritage Corridor Sustainability Report Act - Requires the Director of the National Park Service (NPS) to prepare a report on the sustainability of the John H. Chafee Blackstone River Valley National Heritage Corridor in Rhode Island and Massachusetts.
Requires the report to: (1) document progress made in accomplishing the purpose of the law establishing the Corridor and the strategies and goals set forth in the Cultural Heritage and Land Management Plan for the Corridor, including historic preservation, interpretation and education, environmental recovery, recreational development, and economic improvement; (2) identify further actions and commitments needed to protect, enhance, and interpret the Corridor; (3) determine the extent of Federal funding and determine how such funds have leveraged additional Federal, State, local, and private funding for the Corridor since its establishment; and (4) evaluate the John H. Chafee Blackstone River Valley National Heritage Commission's form of authority and management structure for the Corridor, and identify and evaluate options for a permanent NPS designation or a State park or regional entity as a sustainable framework to achieve the national interest of the Blackstone Valley.
Directs that: (1) the Director prepare the report in coordination with the NPS Advisory Board; and (2) funding to prepare the report be made available from annual appropriations for the Commission. | billsum_train |
Create a condensed overview of the following text: SECTION 1. DEFINITIONS.
In this Act:
(1) Management plan.--The term ``management plan'' means
the management plan for the National Scenic Area developed
under section 3(a).
(2) Map.--The term ``Map'' means the map titled ``Proposed
Alabama Hills National Scenic Area'', dated September 8, 2014.
(3) Motorized vehicles.--The term ``motorized vehicles''
means motorized or mechanized vehicles and includes, when used
by utilities, mechanized equipment, helicopters, and other
aerial devices necessary to maintain electrical or
communications infrastructure.
(4) National scenic area.--The term ``National Scenic
Area'' means the Alabama Hills National Scenic Area established
by section 2(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
California.
(7) Tribe.--The term ``Tribe'' means the Lone-Pine Paiute
Shoshone Tribe.
(8) Utility facility.--The term ``utility facility'' means
any and all existing and future electric generation facilities,
electric storage facilities, overhead and/or underground
electrical supply systems and communication systems consisting
of electric substations, electric lines, poles and towers made
of various materials, ``H'' frame structures, guy wires and
anchors, crossarms, wires, underground conduits, cables,
vaults, manholes, handholes, above-ground enclosures, markers
and concrete pads and other fixtures, appliances and
communication circuits, and other fixtures, appliances and
appurtenances connected therewith necessary or convenient for
the construction, operation, regulation, control, grounding and
maintenance of electric generation, storage, lines and
communication circuits, for the purpose of transmitting
intelligence and generating, storing, distributing, regulating
and controlling electric energy to be used for light, heat,
power, communication, and other purposes.
SEC. 2. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA.
(a) Establishment.--Subject to valid, existing rights, there is
established in Inyo County, California, the Alabama Hills National
Scenic Area. The National Scenic Area shall be comprised of the
approximately 18,610 acres generally depicted on the Map as ``National
Scenic Area''.
(b) Purpose.--The purpose of the National Scenic Area is to
conserve, protect, and enhance for the benefit, use, and enjoyment of
present and future generations the nationally significant scenic,
cultural, recreational, geological, educational, biological,
historical, cinematographic, and scientific resources of the National
Scenic Area managed consistent with the principles of multiple use as
defined in the Federal Land Policy and Management Act of 1976.
(c) Map; Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the National Scenic Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical and typographical errors in the map and legal
descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(d) Administration.--The Secretary shall manage the National Scenic
Area--
(1) as a component of the National Landscape Conservation
System;
(2) so as not to impact the future continuing operations
and maintenance of any activities associated with valid,
existing rights, including water rights;
(3) in a manner that conserves, protects, and enhances the
resources and values of the National Scenic Area described in
subsection (b); and
(4) in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable laws.
(e) Management.--
(1) In general.--The Secretary shall allow only such uses
of the National Scenic Area as the Secretary determines would
support the purposes of the National Scenic Area as described
in subsection (b).
(2) Recreational activities.--Except as otherwise provided
in this Act or other applicable law, or as the Secretary
determines to be necessary for public health and safety, the
Secretary shall allow existing recreational uses of the
National Scenic Area to continue, including hiking, mountain
biking, rock climbing, sightseeing, horseback riding, hunting,
fishing, and appropriate authorized motorized vehicle use.
(3) Motorized vehicles.--Except as specified within this
Act and/or in cases in which motorized vehicles are needed for
administrative purposes, or to respond to an emergency, the use
of motorized vehicles in the National Scenic Area shall be
permitted only on--
(A) roads and trails designated by the Director of
the Bureau of Land Management for use of motorized
vehicles as part of a management plan promoting a semi-
primitive motorized experience; or
(B) on county-maintained roads in accordance with
applicable State and county laws.
(f) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-Federal land
within the boundaries of the National Scenic Area only through
exchange, donation, or purchase from a willing seller.
(2) Management.--Land acquired under paragraph (1) shall
be--
(A) considered to be a part of the National Scenic
Area; and
(B) managed in accordance with this Act and any
other applicable laws.
(g) No Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around the National Scenic Area.
(2) Activities outside national scenic area.--The fact that
an activity or use on land outside the National Scenic Area can
be seen or heard within the National Scenic Area shall not
preclude the activity or use outside the boundaries of the
National Scenic Area.
(h) Access.--The Secretary shall continue to provide private
landowners adequate access to inholdings in the National Scenic Area.
(i) Filming.--Nothing in this Act prohibits filming (including
commercial film production, student filming, and still photography)
within the National Scenic Area--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary considers to be necessary;
and
(B) applicable law; and
(2) in a manner consistent with the purposes described in
subsection (b).
(j) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife.
(k) Livestock.--The grazing of livestock in the National Scenic
Area, including grazing under the Alabama Hills allotment and the
George Creek allotment, as established before the date of enactment of
this Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary considers to be necessary;
and
(B) applicable law; and
(2) in a manner consistent with the purposes described in
subsection (b).
(l) Overflights.--Nothing in this Act restricts or precludes
flights over the National Scenic Area or overflights that can be seen
or heard within the National Scenic Area, including--
(1) transportation, sightseeing and filming flights,
general aviation planes, helicopters, hang-gliders, and
balloonists, for commercial or recreational purposes;
(2) low-level overflights of military aircraft;
(3) flight testing and evaluation; or
(4) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the National Scenic Area.
(m) Withdrawal.--Subject to this Act's provisions and valid rights
in existence on the date of enactment of this Act, including rights
established by prior withdrawals, the Federal land within the National
Scenic Area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(n) Wildland Fire Operations.--Nothing in this Act prohibits the
Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the National Scenic Area, consistent with the purposes described in
subsection (b).
(o) Grants; Cooperative Agreements.--The Secretary may make grants
to, or enter into cooperative agreements with, State, tribal, and local
governmental entities and private entities to conduct research,
interpretation, or public education or to carry out any other
initiative relating to the restoration, conservation, or management of
the National Scenic Area.
(p) Air and Water Quality.--Nothing in this Act modifies any
standard governing air or water quality outside of the boundaries of
the National Scenic Area.
(q) Utility Facilities and Rights of Way.--
(1) Nothing in this Act shall--
(A) affect the existence, use, operation,
maintenance (including but not limited to vegetation
control), repair, construction, reconfiguration,
expansion, inspection, renewal, reconstruction,
alteration, addition, relocation, improvement, funding,
removal, or replacement of utility facilities or
appurtenant rights of way within or adjacent to the
National Scenic Area;
(B) affect necessary or efficient access to utility
facilities or rights of way within or adjacent to the
National Scenic Area;
(C) preclude the establishment of new utility
facilities or rights of way (including instream sites,
routes, and areas) within the National Scenic Area if
such facilities are necessary for public health and
safety, electricity supply, telecommunications, or
other utility services; and/or
(D) preclude the use of motorized vehicles on and
off roads and trails designated for use by motorized
vehicles, including but not limited to the use of
mechanized equipment, helicopters, and/or other aerial
vehicles or devices, as necessary or efficient for the
performance of activities related to the operation,
maintenance, expansion, and/or construction of any
utility facilities, including lines, and/or rights of
way.
(2) Management plan.--Consistent with this Act's
provisions, the Management Plan shall establish plans for
maintenance of public utility and other rights of way within
the National Scenic Area.
SEC. 3. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, in accordance with subsection (b), the Secretary shall
develop a comprehensive plan for the long-term management of the
National Scenic Area.
(b) Consultation.--In developing the management plan, the Secretary
shall consult with--
(1) appropriate State, tribal, and local governmental
entities, including Inyo County, the Los Angeles Department of
Water and Power, and the Tribe;
(2) investor-owned utilities, including Southern California
Edison Company; and
(3) members of the public.
(c) Incorporation of Management Plan.--In developing the management
plan, in accordance with this section, the Secretary--
(1) may incorporate any provision of the relevant resource
management plan in existence as of the date of enactment of
this Act; and
(2) shall allow, in perpetuity, recreational mining limited
to the use of hand tools, metal detectors, hand-fed dry
washers, vacuum cleaners, gold pans, small sluices, and similar
items.
(d) Interim Management.--Pending completion of the management plan,
the Secretary shall manage the National Scenic Area in accordance
with--
(1) section 2; and
(2) the applicable management plan of the Bureau of Land
Management in existence on the date of enactment of this Act.
SEC. 4. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE
RESERVATION.
(a) Trust Land.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall take the approximately 132
acres of Federal land depicted on the Map as ``Lone Pine Paiute-
Shoshone Reservation Addition'' into trust for the benefit of the
Tribe, subject to the following:
(1) Conditions.--The land shall be subject to all
easements, covenants, conditions, restrictions, withdrawals,
and other matters of record on the date of the enactment of
this Act.
(2) Exclusion.--The Federal lands over which the right-of-
way for the Los Angeles Aqueduct is located, generally
described as the 250-foot-wide right-of-way granted to the City
of Los Angeles pursuant to the Act of June 30, 1906 (Chap.
3926), shall not be taken into trust for the Tribe.
(b) Reservation Land.--The land taken into trust pursuant to
subsection (a) shall be considered part of the reservation of the
Tribe.
(c) Gaming Prohibition.--Gaming under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) shall not be allowed on the land taken
into trust pursuant to subsection (a).
SEC. 5. TRANSFER OF ADMINISTRATIVE JURISDICTION.
Administrative jurisdiction of the approximately 40 acres of
Federal land depicted on the Map as ``USFS Transfer to BLM'' is hereby
transferred from the Forest Service under the Secretary of Agriculture
to the Bureau of Land Management under the Secretary. | Establishes the Alabama Hills National Scenic Area, comprised of approximately 18,610 acres of land in Inyo County, California. Declares that the purpose of the Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, recreational, geological, educational, biological, historical, cinematographic, and scientific resources of the Area managed consistent with the multiple use principles defined in the Federal Land Policy and Management Act of 1976. Directs the Secretary of the Interior to: (1) manage the Area as a component of the National Landscape Conservation System, (2) allow existing recreational uses of the Area to continue except as the Secretary otherwise determines to be necessary for public health and safety, (3) permit the use of motorized vehicles in the Area only on roads and trails designated by the Bureau of Land Management (BLM) as part of a management plan promoting a semi-primitive motorized experience or on county-maintained roads in accordance with applicable state and county laws, and (4) develop a comprehensive plan for the Area's long-term management. Permits the Secretary to acquire non-federal land within the Area only through exchange, donation, or purchase from a willing seller. Withdraws the federal land within the Area from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Directs the Secretary to take approximately 132 acres of federal land into trust for the benefit of the Lone-Pine Paiute Shoshone Tribe, excluding a specified right-of-way granted to the City of Los Angeles. Prohibits gaming on such land. Transfers administrative jurisdiction of approximately 40 acres of specified federal land from the U.S. Forest Service to BLM. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Savings Account Act of
2008''.
SEC. 2. WORKER SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to pension, profit-
sharing, stock bonus plans, etc.) is amended by inserting after section
408A the following new section:
``SEC. 408B. WORKER SAVINGS ACCOUNTS.
``(a) In General.--
``(1) Treated in same manner as ira.--Except as provided in
this section, a worker savings account shall be treated for
purposes of this title in the same manner as an individual
retirement plan.
``(2) Separate application of rules.--Rules made applicable
by reason of this paragraph shall be applied separately with
respect to worker savings accounts and individual retirement
plans of the individual.
``(b) Worker Savings Account.--For purposes of this title, the term
`worker savings account' means an individual retirement plan (as
defined in section 7701(a)(37)) which is designated (in such manner as
the Secretary may prescribe) at the time of establishment of the plan
as a worker savings account.
``(c) Contributions.--
``(1) Employer contributions.--For purposes of this
section, the amount in effect under section 219(b)(5)(A), with
respect to an individual for a taxable year, shall be increased
by the lesser of--
``(A) $5,000, or
``(B) the amounts contributed for the taxable year
to the individual's worker savings account by all
employers of the individual.
``(2) Worker savings account refund payment.--Section
408(a)(1) shall not apply with respect to a payment under
section 6431.
``(3) Contributions after receipt of social security
benefits.--Except in the case of a rollover contribution
described in subsection (e)(1), no contributions may be made to
an individual's worker savings account during calendar years
beginning after the first month such individual begins
receiving amounts by reason of entitlement to a monthly benefit
under title II of the Social Security Act.
``(d) Treatment of Distributions.--
``(1) In general.--Any amounts distributed from a worker
savings account shall be included in gross income, unless such
amount is a qualified unemployment distribution.
``(2) Qualified unemployment distribution.--For purposes of
this section--
``(A) In general.--The term `qualified unemployment
distribution' means any amount distributed--
``(i) during a period of unemployment of
the account beneficiary which is by reason of
termination of employment (other than for gross
misconduct of the account beneficiary), or
``(ii) not earlier than the first month the
account beneficiary receives an amount by
reason of entitlement to a monthly benefit
under title II of the Social Security Act.
``(3) Disability distribution.--Paragraph (1) shall not
apply to any amount paid or distributed on or after disability
(within the meaning of section 72(m)(7)) of the account
beneficiary.
``(4) Other distribution rules.--
``(A) Excess contributions; transfer of account
incident to divorce.--Rules similar to the rules of
paragraphs (4) through (6) of section 408(d) shall
apply for purposes of this section.
``(B) No minimum distribution requirement prior to
death.--Notwithstanding subsections (a)(6) and (b)(6),
section 401(a)(9) and the incidental death benefit
requirement of section 401(a) shall not apply for
purposes of this subsection.
``(C) Treatment after death of account
beneficiary.--Rules similar to the rules of paragraph
(8) of section 223(f) shall apply for purposes of this
section.
``(e) Definitions and Special Rules.--For purposes of this
section--
``(1) Rollover contributions.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of clauses (i) and (ii).
``(A) In general.--Paragraph (1) shall not apply to
any amount paid or distributed from a worker savings
account to the account holder to the extent--
``(i) the entire amount received is paid
into a worker savings account for the benefit
of such holder not later than the 60th day
after the day on which the holder receives the
payment or distribution, or
``(ii) the entire amount received is paid
into an eligible retirement plan (as defined in
section 408(d)(3)) for the benefit of such
holder not later than the 60th day after the
day on which the holder receives the payment or
distribution, except that the maximum amount
which may be paid into such plan may not exceed
the portion of the amount received which is
includible in gross income (determined without
regard to this paragraph).
``(B) Limitation.--This paragraph shall not apply
to any amount described in paragraph (A) received by an
individual from a worker savings account if, at any
time during the 1-year period ending on the day of such
receipt, such individual received any other amount
described in subparagraph (A) from a worker savings
account which was not includible in the individual's
gross income because of the application of this
paragraph.
``(2) Account beneficiary.--The term `account beneficiary'
means the individual on whose behalf the worker savings account
is established.
``(f) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2009, the dollar amount contained in
subsection (c)(1) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) 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 2008' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of $100.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of such Code is amended by
inserting after the item relating to section 408A the following new
item:
``Sec. 408B. Worker savings accounts.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. PORTION OF SAVER'S CREDIT REFUNDABLE.
(a) In General.--Section 25B of such Code (relating to elective
deferrals and IRA contributions by certain individuals) is amended by
adding at the end the following new subsection:
``(h) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by the lesser of--
``(A) $1,000, or
``(B) the amount of the credit attributable to
qualified retirement savings contributions made by the
individual to worker savings accounts which would be
allowed under this section (without regard to this
subsection and the limitation under section 26(a)(2) or
subsection (g), as the case may be).
The amount of the credit allowed under this subsection shall not be
treated as a credit allowed under this subpart and shall reduce the
amount of credit otherwise allowable under subsection (a) without
regard to section 26(a)(2) or subsection (g), as the case may be.
``(2) Limitation.--The amount of the credit allowed under
this section for any taxable year shall not exceed an amount
equal to the excess (if any) of--
``(A) $5,000, over
``(B) the aggregate amount of credits allowed under
this subsection for all prior taxable years.
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2009, each of the
dollar amounts contained in paragraphs (1) and (2) 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 in which
the taxable year begins, determined by substituting
`calendar year 2008' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $100.''.
(b) Refund Payable to Worker Savings Account.--
(1) In general.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6431. WORKER SAVINGS ACCOUNT REFUND PAYMENT.
``(a) In General.--In the case of a credit allowed to an individual
which is attributable to an increase under section 25B(h), the
Secretary shall pay the amount of such credit into the designated
retirement account of the individual.
``(b) Designated Retirement Account.--The term `designated
retirement account' means any worker savings account of the
individual--
``(1) which is designated (in such form and manner as the
Secretary may provide) on the individual's return of tax for
the taxable year to receive the payment under subsection (a),
and
``(2) which, under the terms of the account, accepts the
payment described in paragraph (1).''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 65 of such Code is amended by adding at
the end the following new item:
``Sec. 6431. Worker savings account refund payment.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 4. NO INFERENCE AS TO STATE AND FEDERAL UNEMPLOYMENT COMPENSATION.
No provision of this Act (including the amendments made thereby)
shall be construed to--
(1) diminish an employer's obligation to pay any applicable
State and Federal unemployment taxes (or any other amount
required under State or Federal law to be paid into an
unemployment fund), or
(2) reduce the amount of unemployment compensation (as
defined in section 85(b) of the Internal Revenue Code of 1986)
to which an individual is entitled. | Worker Savings Account Act of 2008 - Amends the Internal Revenue Code to: (1) establish worker savings accounts to make payments to workers during periods of unemployment; (2) treat such accounts in the same manner as individual retirement accounts (IRAs) for tax purposes; (3) allow employer matching contributions to such accounts; (4) make a portion of the tax credit for contributions to retirement accounts (saver's credit) refundable; and (5) require increases in the saver's credit to be paid into a worker savings account.
Provides that no provision of this Act shall be construed to diminish an employer's obligation to pay federal and state unemployment taxes or to reduce the amount of unemployment compensation to which a worker may be entitled. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Turkey Christian Churches
Accountability Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) United States diplomatic leadership contributes
meaningfully and materially to the protection internationally
of religious minorities and their faith-based practices and
places of worship.
(2) The International Religious Freedom Act of 1998 states
that ``It shall be the policy of the United States to condemn
violations of religious freedom, and to promote, and to assist
other governments in the promotion of, the fundamental right to
freedom of religion.''.
(3) The House of Representatives, when it adopted House
Resolution 306 on December 13, 2011, called on the Secretary of
State, in all official contacts with Turkish leaders, to urge
Turkey to ``allow the rightful church and lay owners of
Christian church properties, without hindrance or restriction,
to organize and administer prayer services, religious
education, clerical training, appointments, and succession'',
and to ``return to their rightful owners all Christian churches
and other places of worship, monasteries, schools, hospitals,
monuments, relics, holy sites, and other religious properties,
including movable properties, such as artwork, manuscripts,
vestments, vessels, and other artifacts''.
(4) On September 28, 2010, the House of Representatives
adopted House Resolution 1631, calling for the protection of
religious sites and artifacts, as well as for general respect
for religious freedom in Turkish-occupied areas of northern
Cyprus.
(5) Christian churches and communities in the Republic of
Turkey and in the occupied areas of Cyprus continue to be
prevented from fully practicing their faith and face serious
obstacles to reestablishing full legal, administrative, and
operational control over stolen, expropriated, confiscated, or
otherwise unreturned churches and other religious properties
and sites.
(6) In many cases the rightful Christian church
authorities, including relevant Holy Sees located outside
Turkey and Turkish-occupied territories, are obstructed from
safeguarding, repairing, or otherwise caring for their holy
sites upon their ancient homelands, because the properties have
been destroyed, expropriated, converted into mosques, storage
facilities, or museums, or subjected to deliberate neglect.
(7) While the Turkish Government has made efforts in recent
years to address these issues and to return some church
properties, much more must be done to rectify the situation of
Christian communities in these areas, as a vast majority of
Christian holy sites continue to be held by the Turkish
Government or by third parties.
(8) On April 24, 2013, Catholicos Karekin II and Catholicos
Aram I, spiritual leaders of the millions of Christian Armenian
faithful in Armenia and the Diaspora, noted that Turkey
continued to unjustly ``[retain] confiscated church estates and
properties, and religious and cultural treasures of the
Armenian people'', and called on Turkey ``[t]o immediately
return the Armenian churches, monasteries, church properties,
and spiritual and cultural treasures, to the Armenian people as
their rightful owner''.
(9) The boundaries of Turkey encompass significant historic
Christian lands, including the biblical lands of Armenia
(present-day Anatolia), home to many of early Christianity's
pivotal events and holy sites, such as Mount Ararat, the
location cited in the Bible as the landing place of Noah's Ark.
(10) These ancient territories were for thousands of years
home to a large, indigenous Christian population, but, because
of years of repressive Turkish Government policies, historic
atrocities, and brutal persecution, today Christians constitute
less than one percent of Turkey's population.
(11) As a result of the Turkish Government's invasion of
the northern area of the Republic of Cyprus on July 20, 1974,
and the Turkish military's continued illegal and discriminatory
occupation of portions of this sovereign state, the future and
very existence of Greek Cypriot, Maronite, and Armenian
communities are now in grave jeopardy.
(12) Under the Turkish occupation of northern Cyprus,
freedom of worship has been severely restricted, access to
religious sites blocked, religious sites systematically
destroyed, and a large number of religious and archaeological
objects illegally confiscated or stolen.
(13) The United States Commission on International
Religious Freedom, in its 2012 annual report, criticized ``the
Turkish government's systematic and egregious limitations on
the freedom of religion'', and warned that ``[l]ongstanding
policies continue to threaten the survivability and viability
of minority religious communities in Turkey''.
(14) Christian minorities in Turkey continue to face
discrimination, prohibitions on the training and succession of
clergy, and violent attacks, which have at times resulted in
lenient sentencing, including the reduced sentence for the
murderer of the Catholic Church's head bishop in Turkey, Luigi
Padovese, in June 2010, or delayed justice, including the
unresolved torture and murder, in April 2007, of three
employees of a Protestant Bible publishing house in Malatya,
Turkey.
(15) The Government of Turkey, in contravention of its
international legal obligations, refuses to recognize the
2,000-year-old Sacred See of the Ecumenical Patriarchate's
international status, has confiscated the large majority of the
assets and properties of the Ecumenical Patriarchate, Greek
cultural and educational foundations, maintains that candidates
for the position of Ecumenical Patriarch must be Turkish
citizens, and continues to refuse to reopen the Theological
School at Halki, thus impeding training and succession for the
Greek Orthodox clergy in Turkey.
(16) The Government of Turkey, in contravention of its
international legal obligations, continues to place substantial
restrictions and other limitations upon the Armenian
Patriarchate's right to train and educate clergy and select and
install successors without government interference.
(17) Religious freedom is an essential cornerstone of
democracy that promotes respect for individual liberty, which
contributes to greater stability, and is therefore a priority
value for the United States to promote in its engagement with
other countries.
SEC. 3. REPORT REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter until 2021, the Secretary
of State shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of the Senate
a report on the status and return of stolen, confiscated, or otherwise
unreturned Christian churches, places of worship, and other properties
in or from the Republic of Turkey and in the areas of northern Cyprus
occupied by the Turkish military that shall contain the following:
(1) A comprehensive listing of all the Christian churches,
places of worship, and other properties, such as monasteries,
schools, hospitals, monuments, relics, holy sites, and other
religious properties, including movable properties, such as
artwork, manuscripts, vestments, vessels, and other artifacts,
in or from Turkey and in the territories of the Republic of
Cyprus under military occupation by Turkey that are claimed as
stolen, confiscated, or otherwise wrongfully removed from the
ownership of their rightful Christian church owners.
(2) Description of all engagement over the previous year on
this issue by officials of the Department of State with
representatives of the Republic of Turkey regarding the return
to their rightful owners of all Christian churches, places of
worship, and other properties, such as monasteries, schools,
hospitals, monuments, relics, holy sites, and other religious
properties, including movable properties, such as artwork,
manuscripts, vestments, vessels, and other artifacts, both
those located within Turkey's borders and those under control
of Turkish military forces in the occupied northern areas of
Cyprus.
(b) Inclusion in Annual Country Reports on Human Rights Practices
and International Religious Freedom Report.--The information required
under subsection (a) shall be summarized in the annual Country Reports
on Human Rights Practices and International Religious Freedom Reports. | Turkey Christian Churches Accountability Act - Directs the Secretary of State to report annually to Congress until 2021 on the status and return of stolen, confiscated, or otherwise unreturned Christian churches, places of worship, and other properties in or from the Republic of Turkey and in the areas of northern Cyprus occupied by the Turkish military. Requires such report to: (1) list all the Christian churches, places of worship, and other religious properties, including movable properties such as artwork and other artifacts, in or from Turkey and in the territories of the Republic of Cyprus under military occupation by Turkey that are claimed as stolen, confiscated, or otherwise wrongfully removed from their Christian church owners; and (2) describe all engagement over the previous year on this issue by Department of State officials with representatives of the Republic of Turkey. Requires that a summary of such information be included in the annual Country Reports on Human Rights Practices and the International Religious Freedom Reports. | billsum_train |
Condense the following text into a summary: SECTION 1. ESTABLISHMENT OF JOINT COMMITTEE.
(a) Establishment and Membership.--There is established a permanent
Joint Committee for Review of Administrative Rules (hereinafter
referred to as the ``Joint Committee'') to be composed of--
(1) 10 members of the Senate to be appointed by the
majority leader of the Senate; and
(2) 10 members of the House of Representatives to be
appointed by the Speaker of the House of Representatives.
(b) Membership.--Vacancies in the membership of the Joint Committee
shall not affect the power of the remaining members to execute the
functions of the Joint Committee and shall be filled in the same manner
as in the case of the original selection. The Joint Committee shall
select a Chairman and a Vice Chairman from among its members at the
beginning of each Congress. The Vice Chairman shall act in the place
and stead of the Chairman in the absence of the Chairman. The
chairmanship shall alternate between the Senate and the House of
Representatives with each Congress, and the Chairman shall be selected
by the Members from that House entitled to the chairmanship. The Vice
Chairman shall be chosen from the House other than that of the Chairman
by the Members from that House.
SEC. 2. AUTHORITY AND DUTIES.
The Joint Committee shall review rules of Federal agencies as
provided by chapter 8 of title 5 of the United States Code. Any joint
resolution that is referred to any committee pursuant to section 802 of
title 5, United States Code, which is reported by, or discharged from,
that committee shall be referred to the Joint Committee for its
consideration. The members of the Joint Committee who are members of
the Senate shall from time to time report to the Senate, and the
members of the Joint Committee who are members of the House of
Representatives shall from time to time report to the House, by joint
resolution their recommendations with respect to matters within the
jurisdiction of their respective Houses which are referred to the Joint
Committee.
SEC. 3. AUTHORITY AND EMPLOYMENT AND COMPENSATION OF STAFF.
(a) Authority of Joint Committee.--The Joint Committee may--
(1) sit and act at such places and times as the Joint
Committee determines is appropriate during the sessions,
recesses, and adjourned periods of Congress; and
(2) require the attendance of witnesses and the production
of books, papers, and documents, administer oaths, take
testimony, and procure printing and binding.
(b) Appointment and Compensation of Staff.--(1) The Joint Committee
may appoint and fix the compensation of such experts, consultants,
technicians, and staff employees as it deems necessary and advisable.
(2) The Joint Committee may utilize such voluntary and
uncompensated services as it deems necessary and may utilize the
services, information, facilities, and personnel of the departments and
establishments of the Government.
(c) Witnesses.--Witnesses requested to appear before the Joint
Committee shall be reimbursed for travel, subsistence, and other
necessary expenses incurred by them in traveling to and from the places
at which they are to appear.
SEC. 4. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
(a) Congressional Review.--Section 801(a) of title 5, United States
Code, is amended--
(1) in paragraph (1)(C), by inserting ``and to the Joint
Committee for Review of Administrative Rules'' before the
period; and
(2) in paragraph (2)(A), by inserting ``and to the Joint
Committee for Review of Administrative Rules'' after
``Congress''.
(b) Congressional Disapproval Procedure in the Senate.--(1) Section
804(c) of title 5, United States Code, is amended by--
(1) striking ``placed on the calendar'' and inserting
``referred to the Joint Committee for Review of Administrative
Rules for a period of not to exceed 10 session days''; and
(2) adding at the end the following new sentence: In the
Senate, if the Joint Committee for Review of Administrative
Rules has not reported such joint resolution (or an identical
joint resolution) at the end of 10 session days after such
joint resolution is referred to it, such joint committee may be
discharged from further consideration of such joint resolution
upon a petition supported in writing by 30 Members of the
Senate, and such joint resolution shall be placed on the
calendar.''.
(2) Section 804(d) of title 5, United States Code, is amended by
inserting ``and the joint committee'' after ``committee'' the first
place it occurs and by striking ``a committee'' and inserting ``the
joint committee''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by it shall take
effect on noon January 3, 2001, and shall apply to rules promulgated
after such date.
(b) Definition.--As used in subsection (a), the term ``rule'' has
the meaning given such term by section 804(3) of title 5, United States
Code. | Amends Federal law with respect to congressional review of agency rulemaking to conform with this Act. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Prevention Act of
2003''.
SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT NUMBER.
(a) Repeal of Provisions Authorizing Certain Usages of the Social
Security Account Number.--Section 205(c)(2) of the Social Security Act
(42 U.S.C. 405(c)(2)) is amended--
(1) in subparagraph (C), by striking ``(C)(i) It is the
policy'' and all that follows through clause (vi);
(2) by striking subparagraphs (C)(ix), (E), and (H); and
(3) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively.
(b) New Rules Applicable to Social Security Account Numbers.--
Section 205(c)(2) of such Act is amended further--
(1) by inserting after subparagraph (B) the following:
``(C)(i) All social security account numbers issued under this
subsection shall be randomly generated.
``(ii) Except as otherwise provided in this paragraph--
``(I) the social security account number issued under this
subsection to any individual shall be the exclusive property of
such individual, and
``(II) the Social Security Administration shall not divulge
the social security account number issued to any individual
under this subsection to any agency or instrumentality of the
Federal Government, to any State, political subdivision of a
State, or agency or instrumentality of a State or political
subdivision thereof, or to any other individual.
``(iii) Clause (ii) shall not apply with respect to the use of the
social security account number as an identifying number to the extent
provided in section 6109(d) of the Internal Revenue Code of 1986
(relating to use of the social security account number for social
security and related purposes).''; and
(2) by redesignating clauses (vii) and (viii) of
subparagraph (C) as clauses (iv) and (v), respectively.
(c) Use of Social Security Account Numbers Under Internal Revenue
Code.--Subsection (d) of section 6109 of the Internal Revenue Code of
1986 is amended--
(1) in the heading, by inserting ``for Social Security and
Related Purposes'' after ``Number''; and
(2) by striking ``this title'' and inserting ``section 86,
chapter 2, and subtitle C of this title''.
(d) Effective Dates and Related Rules.--
(1) Effective dates.--Not later than 60 days after the date
of the enactment of this Act, the Commissioner of Social
Security shall publish in the Federal Register the date
determined by the Commissioner, in consultation with the
Secretary of the Treasury, to be the earliest date thereafter
by which implementation of the amendments made by this section
is practicable. The amendments made by subsection (a) shall
take effect on the earlier of such date or the date which
occurs 5 years after the date of the enactment of this Act. The
amendments made by subsection (b) shall apply with respect to
social security account numbers issued on or after such earlier
date. The amendments made by subsection (c) shall apply with
respect to calendar quarters and taxable years beginning on or
after such earlier date.
(2) Reissuance of numbers.--The Commissioner of Social
Security shall ensure that, not later than 5 years after the
date of the enactment of this Act, all individuals who have
been issued social security account numbers under section
205(c) of the Social Security Act as of the date prior to the
earlier date specified in paragraph (1) are issued new social
security account numbers in accordance with such section as
amended by this section. Upon issuance of such new social
security account numbers, any social security account numbers
issued to such individuals prior to such earlier date specified
in paragraph (1) shall be null and void and subject to the
requirements of section 205(c)(2)(C)(ii)(II) of such Act, as
amended by this section. Nothing in this section or the
amendments made thereby shall be construed to preclude the
Social Security Administration and the Secretary of the
Treasury from cross-referencing such social security account
numbers newly issued to individuals pursuant to this paragraph
to the former social security account numbers of such
individuals for purposes of administering title II or title XVI
of such Act or administering the Internal Revenue Code of 1986
in connection with section 86, chapter 2, and subtitle C
thereof.
SEC. 3. CONFORMING AMENDMENTS TO THE PRIVACY ACT OF 1974.
(a) In General.--Section 7 of the Privacy Act of 1974 (5 U.S.C.
552a note, 88 Stat. 1909) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) The provisions of paragraph (1) of this subsection shall not
apply with respect to any disclosure which is required under
regulations of the commissioner of social security pursuant to section
205(c)(2) of the social security act or under regulations of the
secretary of the treasury pursuant to section 6109(d) of the internal
revenue code of 1986.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Except with respect to disclosures described in subsection
(a)(2), no agency or instrumentality of the Federal Government, a
State, a political subdivision of a State, or any combination of the
foregoing may request an individual to disclose his social security
account number, on either a mandatory or voluntary basis.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the earlier date specified in section 2(d)(1).
SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING NUMBERS.
(a) In General.--Except as authorized under section 205(c)(2) of
the Social Security Act, any two agencies or instrumentalities of the
Federal Government may not implement the same identifying number with
respect to any individual.
(b) Identifying Numbers.--For purposes of this section--
(1) the term ``identifying number'' with respect to an
individual means any combination of alpha-numeric symbols which
serves to identify such individual, and
(2) any identifying number and any one or more derivatives
of such number shall be treated as the same identifying number.
(c) Effective Date.--The provisions of this section shall take
effect January 1, 2005.
SEC. 5. PROHIBITION OF GOVERNMENT-ESTABLISHED IDENTIFIERS.
(a) In General.--Subject to subsection (b), a Federal agency may
not--
(1) establish or mandate a uniform standard for
identification of an individual that is required to be used by
any other Federal agency, a State agency, or a private person
for any purpose other than the purpose of conducting the
authorized activities of the Federal agency establishing or
mandating the standard; or
(2) condition receipt of any Federal grant or contract or
other Federal funding on the adoption, by a State, a State
agency, or a political subdivision of a State, of a uniform
standard for identification of an individual.
(b) Transactions Between Private Persons.--Notwithstanding
subsection (a), a Federal agency may not establish or mandate a uniform
standard for identification of an individual that is required to be
used within the agency, or by any other Federal agency, a State agency,
or a private person, for the purpose of--
(1) investigating, monitoring, overseeing, or otherwise
regulating a transaction to which the Federal Government is not
a party; or
(2) administrative simplification.
(c) Repealer.--Any provision of Federal law enacted before, on, or
after the date of the enactment of this Act that is inconsistent with
subsection (a) or (b) is repealed, including sections 1173(b) and
1177(a)(1) of the Social Security Act (42 U.S.C. 1320d-2(b); 42 U.S.C.
1320d-6(a)(1)).
(d) Definitions.--For purposes of this section:
(1) Agency.--The term ``agency'' means any of the
following:
(A) An Executive agency (as defined in section 105
of title 5, United States Code).
(B) A military department (as defined in section
102 of such title).
(C) An agency in the executive branch of a State
government.
(D) An agency in the legislative branch of the
Government of the United States or a State government.
(E) An agency in the judicial branch of the
Government of the United States or a State government.
(2) State.--The term ``State'' means any of the several
States, the District of Columbia, the Virgin Islands, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, or
the Republic of Palau.
(e) Effective Date.--The provisions of this section shall take
effect January 1, 2005. | Identity Theft Prevention Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to prohibit using a social security account number for various purposes, except for specified social security and tax purposes. Prohibits the Social Security Administration from divulging the social security account number issued to any individual to any agency or instrumentality of the Federal Government, to any State, political subdivision of a State, or agency or instrumentality of a State or political subdivision thereof, or to any other individual.Amends the Privacy Act of 1974 to prohibit any Federal, State, or local government agency or instrumentality from requesting an individual to disclose his social security account number on either a mandatory or a voluntary basis.Prohibits: (1) any two Federal agencies or instrumentalities from implementing the same identifying number with respect to any individual (except as authorized by specified Federal law); or (2) any Federal agency from establishing or mandating a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard, or conditioning receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom of Choice Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States was founded on core principles, such
as liberty, personal privacy, and equality, which ensure that
individuals are free to make their most intimate decisions
without governmental interference and discrimination.
(2) One of the most private and difficult decisions an
individual makes is whether to begin, prevent, continue, or
terminate a pregnancy. Those reproductive health decisions are
best made by women, in consultation with their loved ones and
health care providers.
(3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and
in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410
U.S. 179), the Supreme Court recognized that the right to
privacy protected by the Constitution encompasses the right of
every woman to weigh the personal, moral, and religious
considerations involved in deciding whether to begin, prevent,
continue, or terminate a pregnancy.
(4) The Roe v. Wade decision carefully balances the rights
of women to make important reproductive decisions with the
State's interest in potential life. Under Roe v. Wade and Doe
v. Bolton, the right to privacy protects a woman's decision to
choose to terminate her pregnancy prior to fetal viability,
with the State permitted to ban abortion after fetal viability
except when necessary to protect a woman's life or health.
(5) These decisions have protected the health and lives of
women in the United States. Prior to the Roe v. Wade decision
in 1973, an estimated 1,200,000 women each year were forced to
resort to illegal abortions, despite the risk of unsanitary
conditions, incompetent treatment, infection, hemorrhage,
disfiguration, and death. Before Roe, it is estimated that
thousands of women died annually in the United States as a
result of illegal abortions.
(6) In countries in which abortion remains illegal, the
risk of maternal mortality is high. According to the World
Health Organization, of the approximately 600,000 pregnancy-
related deaths occurring annually around the world, 80,000 are
associated with unsafe abortions.
(7) The Roe v. Wade decision also expanded the
opportunities for women to participate equally in society. In
1992, in Planned Parenthood v. Casey (505 U.S. 833), the
Supreme Court observed that, ``[t]he ability of women to
participate equally in the economic and social life of the
Nation has been facilitated by their ability to control their
reproductive lives.''.
(8) Even though the Roe v. Wade decision has stood for more
than 30 years, there are increasing threats to reproductive
health and freedom emerging from all branches and levels of
government. In 2006, South Dakota became the first State in
more than 15 years to enact a ban on abortion in nearly all
circumstances. Supporters of this ban have admitted it is an
attempt to directly challenge Roe in the courts. Other States
are considering similar bans.
(9) Further threatening Roe, the Supreme Court recently
upheld the first-ever Federal ban on abortion, which has no
exception to protect a woman's health. The majority decision in
Gonzales v. Carhart and Gonzales v. Planned Parenthood
Federation of America permits the government to interfere with
a woman's right to choose to terminate a pregnancy and
effectively overturns a core tenet of Roe v. Wade by abandoning
more than 30 years of protection for women's health. Dissenting
in that case, Justice Ginsburg called the majority's opinion
``alarming,'' and stated that, ``[f]or the first time since
Roe, the Court blesses a prohibition with no exception
safeguarding a woman's health.'' Further, she said, the Federal
ban ``and the Court's defense of it cannot be understood as
anything other than an effort to chip away at a right declared
again and again by this Court.''.
(10) Legal and practical barriers to the full range of
reproductive services endanger women's health and lives.
Incremental restrictions on the right to choose imposed by
Congress and State legislatures have made access to abortion
care extremely difficult, if not impossible, for many women
across the country. Currently, 87 percent of the counties in
the United States have no abortion provider.
(11) While abortion should remain safe and legal, women
should also have more meaningful access to family planning
services that prevent unintended pregnancies, thereby reducing
the need for abortion.
(12) To guarantee the protections of Roe v. Wade, Federal
legislation is necessary.
(13) Although Congress may not create constitutional rights
without amending the Constitution, Congress may, where
authorized by its enumerated powers and not prohibited by the
Constitution, enact legislation to create and secure statutory
rights in areas of legitimate national concern.
(14) Congress has the affirmative power under section 8 of
article I of the Constitution and section 5 of the 14th
amendment to the Constitution to enact legislation to
facilitate interstate commerce and to prevent State
interference with interstate commerce, liberty, or equal
protection of the laws.
(15) Federal protection of a woman's right to choose to
prevent or terminate a pregnancy falls within this affirmative
power of Congress, in part, because--
(A) many women cross State lines to obtain
abortions and many more would be forced to do so absent
a constitutional right or Federal protection;
(B) reproductive health clinics are commercial
actors that regularly purchase medicine, medical
equipment, and other necessary supplies from out-of-
State suppliers; and
(C) reproductive health clinics employ doctors,
nurses, and other personnel who travel across State
lines in order to provide reproductive health services
to patients.
SEC. 3. DEFINITIONS.
In this Act:
(1) Government.--The term ``government'' includes a branch,
department, agency, instrumentality, or official (or other
individual acting under color of law) of the United States, a
State, or a subdivision of a State.
(2) State.--The term ``State'' means each of the States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each territory or possession of the United States.
(3) Viability.--The term ``viability'' means that stage of
pregnancy when, in the best medical judgment of the attending
physician based on the particular medical facts of the case
before the physician, there is a reasonable likelihood of the
sustained survival of the fetus outside of the woman.
SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED.
(a) Statement of Policy.--It is the policy of the United States
that every woman has the fundamental right to choose to bear a child,
to terminate a pregnancy prior to fetal viability, or to terminate a
pregnancy after fetal viability when necessary to protect the life or
health of the woman.
(b) Prohibition of Interference.--A government may not--
(1) deny or interfere with a woman's right to choose--
(A) to bear a child;
(B) to terminate a pregnancy prior to viability; or
(C) to terminate a pregnancy after viability where
termination is necessary to protect the life or health
of the woman; or
(2) discriminate against the exercise of the rights set
forth in paragraph (1) in the regulation or provision of
benefits, facilities, services, or information.
(c) Civil Action.--An individual aggrieved by a violation of this
section may obtain appropriate relief (including relief against a
government) in a civil action.
SEC. 5. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, or the application of such provision to persons
or circumstances other than those as to which the provision is held to
be unconstitutional, shall not be affected thereby.
SEC. 6. RETROACTIVE EFFECT.
This Act applies to every Federal, State, and local statute,
ordinance, regulation, administrative order, decision, policy,
practice, or other action enacted, adopted, or implemented before, on,
or after the date of enactment of this Act. | Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate a pregnancy after fetal viability when necessary to protect her life or her health.
Prohibits a federal, state, or local governmental entity from: (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in the regulation or provision of benefits, facilities, services, or information. Provides that such prohibition shall apply retroactively.
Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity, in a civil action. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Lands Reclamation
Reform Act of 2005''.
SEC. 2. AMENDMENTS TO SURFACE MINING ACT.
(a) Amendments to Section 401.--(1) Section 401 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended
as follows:
(A) In subsection (c) by striking paragraphs (2) and (6)
and redesignating paragraphs (3) through (13) in order as
paragraphs (2) through (11).
(B) In subsection (e)--
(i) in the second sentence, by striking ``the needs
of such fund'' and inserting ``achieving the purposes
of the transfers under section 402(h)''; and
(ii) in the third sentence, by inserting before the
period the following: ``for the purpose of the
transfers under section 402(h).''.
(2) Section 712(b) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ``section
401(c)(11)'' and inserting ``section 401(c)(9)''.
(b) Amendments to Section 402.--Section 402 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended as
follows:
(1) In subsection (a)--
(A) by striking ``35'' and inserting ``28'';
(B) by striking ``15'' and inserting ``12''; and
(C) by striking ``10 cents'' and inserting ``8
cents''.
(2) In subsection (b) by striking ``June 30, 2005'' and all
that follows through the end of the sentence and inserting
``September 30, 2020.''.
(3) In subsection (g)(1)(D) by striking ``in any area under
paragraph (2), (3), (4), or (5)'' and inserting ``under
paragraph (5)''.
(4) Subsection (g)(2) is amended to read as follows:
``(2) In making the grants referred to in paragraph (1)(C)
and the grants referred to in paragraph (5), the Secretary
shall ensure strict compliance by the States and Indian tribes
with the priorities set forth in section 403(a) until a
certification is made under section 411(a).''.
(5) In subsection (g)(3)--
(A) in the matter preceding subparagraph (A) by
striking ``paragraphs (2) and'' and inserting
``paragraph'';
(B) in subparagraph (A) by striking ``401(c)(11)''
and inserting ``401(c)(9)''; and
(C) by adding at the end the following:
``(E) For the purpose of paragraph (8).''.
(6) In subsection (g)(5)--
(A) by inserting ``(A)'' before the first sentence;
(B) in the first sentence by striking ``40'' and
inserting ``60'';
(C) in the last sentence by striking ``Funds
allocated or expended by the Secretary under paragraphs
(2), (3), or (4),'' and inserting ``Funds made
available under paragraph (3) or (4)''; and
(D) by adding at the end the following:
``(B) Any amount that is reallocated and available under section
411(h)(3) shall be in addition to amounts that are allocated under
subparagraph (A).''.
(7) Subsection (g)(6) is amended to read as follows:
``(6)(A) Any State with an approved abandoned mine reclamation
program pursuant to section 405 may receive and retain, without regard
to the 3-year limitation referred to in paragraph (1)(D), up to 10
percent of the total of the grants made annually to such State under
paragraphs (1) and (5) if such amounts are deposited into an acid mine
drainage abatement and treatment fund established under State law, from
which amounts (together with all interest earned on such amounts) are
expended by the State for the abatement of the causes and the treatment
of the effects of acid mine drainage in a comprehensive manner within
qualified hydrologic units affected by coal mining practices.
``(B) For the purposes of this paragraph, the term `qualified
hydrologic unit' means a hydrologic unit--
``(i) in which the water quality has been significantly
affected by acid mine drainage from coal mining practices in a
manner that adversely impacts biological resources; and
``(ii) that contains lands and waters that are--
``(I) eligible pursuant to section 404 and include
any of the priorities set forth in section 403(a); and
``(II) the subject of expenditures by the State
from the forfeiture of bonds required under section 509
or from other States sources to abate and treat acid
mine drainage.''.
(8) Subsection (g)(7) is amended to read as follows:
``(7) In complying with the priorities set forth in section 403(a),
any State or Indian tribe may use amounts available in grants made
annually to such State or tribe under paragraphs (1) and (5) for the
reclamation of eligible lands and waters set forth in section 403(a)(3)
prior to the completion of reclamation projects under paragraphs (1)
and (2) of section 403(a) only if the expenditure of funds for such
reclamation is done in conjunction with the expenditure of funds for
reclamation projects under paragraphs (1) and (2) of section 403(a).''.
(9) Subsection (g)(8) is amended to read as follows:
``(8) In making the grants referred to in paragraph (1)(C), the
Secretary, using amounts allocated to a State or Indian tribe under
subparagraphs (A) or (B) of paragraph (1) or as necessary amounts
available to the Secretary under paragraph (3), shall assure total
grant awards of not less than $2,000,000 annually to each State and
each Indian tribe. Notwithstanding any other provision of law, this
paragraph applies to the State of Tennessee.''.
(c) Amendments to Section 403.--Section 403 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)) is amended as
follows:
(1) In subsection (a)--
(A) in paragraph (1) by striking ``general
welfare,'';
(B) in paragraph (2) by striking ``health, safety,
and general welfare'' and inserting ``health and
safety'', and inserting ``and'' after the semicolon at
the end;
(C) in paragraph (3) by striking the semicolon at
the end and inserting a period; and
(D) by striking paragraphs (4) and (5).
(2) In subsection (b)--
(A) by striking the heading and inserting ``Water
Supply Restoration.--''; and
(B) in paragraph (1) by striking ``up to 30 percent
of the''.
(3) In subsection (c) by inserting ``, subject to the
approval of the Secretary,'' after ``amendments''.
(d) Amendment to Section 406.--Section 406(h) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended by
striking ``Soil Conservation Service'' and inserting ``Natural
Resources Conservation Service''.
(e) Further Amendment to Section 406.--Section 406 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended
by adding at the end the following:
``(i) There is authorized to be appropriated to the Secretary of
Agriculture, from amounts in the Treasury other than amounts in the
fund, such sums as may be necessary to carry out this section.''.
(f) Amendment to Section 408.--Section 408(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1238) is amended by
striking ``who owned the surface prior to May 2, 1977, and''.
(g) Amendments to Section 411.--Section 411 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended as
follows:
(1) In subsection (a) by inserting ``(1)'' before the first
sentence, and by adding at the end the following:
``(2) The Secretary may, on the Secretary's own volition, make the
certification referred to in paragraph (1) on behalf of any State or
Indian tribe referred to in paragraph (1) if on the basis of the
inventory referred to in section 403(c) all reclamation projects
relating to the priorities set forth in section 403(a) for eligible
lands and water pursuant to section 404 in such State or tribe have
been completed. The Secretary shall only make such certification after
notice in the Federal Register and opportunity for public comment.''.
(2) By adding at the end the following:
``(h) State Share for Certain Certified States.--(1)(A) From moneys
referred to in subsection (a) of section 35 of the Mineral Leasing Act
(30 U.S.C. 191(a)) that are paid into the Treasury after the date of
the enactment of this subsection and that are not paid to States under
section 35 of the Mineral Leasing Act or reserved as part of the
reclamation fund under such section, the Secretary shall pay to each
qualified State, on a proportional basis, an amount equal to the sum of
the aggregate unappropriated amount allocated to such qualified State
under section 402(g)(1)(A).
``(B) In this paragraph the term `qualified State' means a State
for which a certification is made under subsection (a) and in which
there are public domain lands available for leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.)
``(2) Payments to States under this subsection shall be made,
without regard to any limitation in section 401(d), in the same manner
as if paid under section 35 of the Mineral Leasing Act (30 U.S.C. 191)
and concurrently with payments to States under that section.
``(3) The amount allocated to any State under section 402(g)(1)(A)
that is paid to such State as a result of a payment under paragraph (1)
of this subsection shall be reallocated and available for grants under
section 402(g)(5).''.
(h) Extension of Limitation on Application of Prohibition on
Issuance of Permit.--Section 510(e) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by striking
``2004'' and inserting ``2020''.
SEC. 3. TRANSFERS OF INTEREST EARNED BY ABANDONED MINE RECLAMATION
FUND.
Section 402(h) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(h)) is amended to read as follows:
``(h) Transfers of Interest Earned by Fund.--
``(1) In general.--The Secretary shall, as of the beginning
of each fiscal year beginning on or after October 1, 2005, and
before making any allocation with respect to the fiscal year
under subsection (g), use an amount not to exceed the amount of
interest that the Secretary estimates will be earned and paid
to the fund during the fiscal year to make the transfers
described in paragraph (2).
``(2) Transfers described.--The transfers referred to in
paragraph (1) are the following:
``(A) United mine workers of america combined
benefit fund.--A transfer to the United Mine Workers of
America Combined Benefit Fund, in an amount equal to
the difference between--
``(i) the amount that the trustees of the
Combined Benefit Fund estimate will be expended
from the premium accounts maintained by the
Combined Benefit Fund for the fiscal year of
the fund in which the transfer is made; minus
``(ii) the amount the trustees of the
Combined Benefit Fund estimate the Combined
Benefit Fund will receive during such fiscal
year in required health benefit premiums.
``(B) United mine workers of america 1992 benefit
plan.--A transfer to the United Mine Workers of America
1992 Benefit Plan, in an amount equal to the difference
between--
``(i) the amount that the trustees of the
1992 Benefit Plan estimate will be expended
from the 1992 Benefit Plan during the next
calendar year to provide the benefits required
by the 1992 Benefit Plan on the date of
enactment of this subparagraph; minus
``(ii) the amount that the trustees of the
1992 Benefit Plan estimate the 1992 Benefit
Plan will receive during such calendar year in
required monthly per beneficiary premiums,
including the amount of any security provided
to the 1992 Benefit Plan that is available for
use in the provision of benefits.
``(C) Multiemployer health benefit plan.--A
transfer to the multiemployer health benefit plan
established after July 20, 1992, by the parties that
are the settlors of the 1992 Benefit Plan referred to
in subparagraph (B), in an amount equal to the
difference between--
``(i) the amount that the trustees of the
multiemployer health benefit plan estimate will
be expended from such plan during the next
calendar year, to provide benefits no greater
than those provided by such plan on the date of
enactment of this subparagraph; minus
``(ii) the amount of income that such
trustees estimate such plan will receive during
such calendar year.
``(3) Adjustment.--If, for any fiscal year, the amount of a
transfer under subparagraph (A), (B), or (C) of paragraph (2)
is more or less than the amount required to be transferred
under that subparagraph, the Secretary shall appropriately
adjust the amount transferred under that subparagraph for the
next fiscal year.
``(4) Additional amounts.--
``(A) Previously credited interest.--
Notwithstanding any other provision of law, any
interest credited to the fund that has not previously
been transferred to the Combined Benefit Fund referred
to in paragraph (2)(A) under this section shall be
used--
``(i) to transfer to the Combined Benefit
Fund such amounts as are estimated by the
trustees of the Combined Benefit Fund to offset
the amount of any deficit in net assets in the
Combined Benefit Fund; and
``(ii) to the extent any such interest
remains after the transfer under clause (i), to
make the transfers described in subparagraphs
(A), (B), and (C) of paragraph (2).
``(B) Previously allocated amounts.--All amounts
allocated under subsection (g)(2), including interest,
before the date of enactment of this subparagraph for
the program set forth under section 406, but not
appropriated prior to such date, shall be available to
the Secretary to make the transfers described in
paragraph (2).
``(5) Limitations.--
``(A) Availability of funds for next fiscal year.--
The Secretary may make transfers under subparagraphs
(B) and (C) of paragraph (2) for a fiscal year only if
the Secretary determines, using actuarial projections
provided by the trustees of the Combined Benefit Fund
referred to in paragraph (2)(A), that amounts will be
available under paragraph (1), after such transfer, for
the next fiscal year for making the transfer under
paragraph (2)(A).
``(B) Rate of contributions of obligors.--A
transfer under paragraph (2)(C) shall not be made for a
fiscal year unless the persons that are obligated to
contribute to the plan referred to in paragraph (2)(C)
on the date of the transfer are obligated to make such
contributions at rates that are no less than those in
effect on the date of enactment of this subparagraph.
``(C) Number of eligible beneficiaries.--Transfers
under paragraph (2)(C) shall not exceed the amount
required to provide benefits required by the plan
referred to in paragraph (2)(C) to the number of
eligible beneficiaries under such plan as of December
31, 2005.''.
SEC. 4. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS ACT.
(a) Transition Rules.--(1) Amounts allocated under section
402(g)(2) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232(g)(2)) (excluding interest) prior to the date of enactment
of this Act for the program set forth under section 406 of that Act (30
U.S.C. 1236), but not appropriated prior to such date, shall be
available in fiscal year 2005 and thereafter for the transfers referred
to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by
this Act, in the same manner as are other amounts available for such
transfers.
(2) Notwithstanding any other provision of law, interest credited
to the fund established by section 401 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231) that is not transferred to
the Combined Benefit Fund referred to in section 402(h) of such Act (30
U.S.C. 1232(h)), as amended by this Act, prior to the date of enactment
of this Act shall be available in fiscal year 2005 and thereafter for
the transfers referred to in section 402(h) of such Act (30 U.S.C.
1232(h)), as amended by this Act, in the same manner as are other
amounts available for such transfers.
(b) Inventory.--Within one year after the date of enactment of this
Act, the Secretary of the Interior shall complete a review of all
additions made, pursuant to amendments offered by States and Indian
tribes after December 31, 1998, to the inventory referred to in section
403(c) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(c)) to ensure that such additions reflect eligible lands
and waters pursuant to section 404 of such Act (30 U.S.C. 1234) that
meet the priorities set forth in paragraphs (1) and (2) of section
403(a) of such Act (30 U.S.C. 1233(a) (1) and (2)), and are correctly
identified pursuant to such priorities. Any lands or waters that were
included in the inventory pursuant to the general welfare standard set
forth in section 403(a) of such Act (30 U.S.C. 1233(a)) before the date
of enactment of this Act that are determined in the review to no longer
meet the criteria set forth in paragraphs (1) and (2) of section 403(a)
of such Act, as amended by this Act, shall be removed from the
inventory. | Abandoned Mine Lands Reclamation Reform Act of 2005 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization that certain moneys in the Abandoned Mine Reclamation Fund may be used: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for studies by contract with organizations for advice and research and development projects technical assistance.
Reduces the reclamation fee required to be paid by operators of coal mining operations.
Revises Fund allocation requirements with respect to reclamation fees.
Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities affected by coal mining practices; and (2) development of publicly owned land adversely affected by coal mining practices, including land acquired for recreation and historic purposes, conservation, reclamation, and open space.
Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes.
Prescribes procedural guidelines for transfers of interest earned by the Fund to: (1) the United Mine Workers of America Combined Benefit Fund; (2) the United Mine Workers of America 1992 Benefit Plan; and (3) a specified multiemployer health benefit plan. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smarter Sentencing Act of 2015''.
SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS.
Section 3553(f)(1) of title 18, United States Code, is amended by
striking ``defendant'' and all that follows through ``point'' and
inserting ``criminal history category for the defendant is not higher
than category 2''.
SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING ACT.
(a) Definition of Covered Offense.--In this section, the term
``covered offense'' means a violation of a Federal criminal statute,
the statutory penalties for which were modified by section 2 or 3 of
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372),
that was committed before August 3, 2010.
(b) Defendants Previously Sentenced.--A court that imposed a
sentence for a covered offense, may, on motion of the defendant, the
Director of the Bureau of Prisons, the attorney for the Government, or
the court, impose a reduced sentence as if sections 2 and 3 of the Fair
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in
effect at the time the covered offense was committed.
(c) Limitations.--No court shall entertain a motion made under this
section to reduce a sentence if the sentence was previously imposed or
previously reduced in accordance with the amendments made by sections 2
and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat.
2372) or if a motion made under this section to reduce the sentence was
previously denied. Nothing in this section shall be construed to
require a court to reduce any sentence pursuant to this section.
SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.
(a) Controlled Substances Act.--The Controlled Substances Act (21
U.S.C. 801 et seq.) is amended--
(1) in section 102 (21 U.S.C. 802), by adding at the end
the following:
``(57) The term `courier' means a defendant whose role in
the offense was limited to transporting or storing drugs or
money.''; and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in the flush text following clause (viii)--
(i) by striking ``10 years or more'' and
inserting ``5 years or more'';
(ii) by striking ``such person shall be
sentenced to a term of imprisonment which may
not be less than 20 years and'' and inserting
``such person shall be sentenced to a term of
imprisonment of not less than 10 years and'';
and
(iii) by striking ``mandatory term of life
imprisonment without release'' and inserting
``term of imprisonment of not less than 20
years''; and
(B) in the flush text following clause (viii)--
(i) by striking ``5 years'' and inserting
``2 years''; and
(ii) by striking ``not be less than 10
years'' and inserting ``not be less than 5
years''.
(b) Controlled Substances Import and Export Act.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b))
is amended--
(1) in paragraph (1), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting
``person, other than a courier, commits''; and
(C) by inserting ``If a person who is a courier
commits such a violation, the person shall be sentenced
to a term of imprisonment of not less than 5 years and
not more than life. If a person who is a courier
commits such a violation after a prior conviction for a
felony drug offense has become final, the person shall
be sentenced to a term of imprisonment of not less than
10 years and not more than life.'' before
``Notwithstanding section 3583''; and
(2) in paragraph (2), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting
``person, other than a courier, commits''; and
(C) by inserting ``If a person who is a courier
commits such a violation, the person shall be sentenced
to a term of imprisonment of not less than 2 years and
not more than life. If a person who is a courier
commits such a violation after a prior conviction for a
felony drug offense has become final, the person shall
be sentenced to a term of imprisonment of not less than
5 years and not more than life.'' before
``Notwithstanding section 3583''.
SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend, if appropriate, its guidelines and its policy statements
applicable to persons convicted of an offense under section 401 of the
Controlled Substances Act (21 U.S.C. 841) or section 1010 of the
Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure
that the guidelines and policy statements are consistent with the
amendments made by sections 2 and 4 of this Act and reflect the intent
of Congress that such penalties be decreased in accordance with the
amendments made by section 4 of this Act.
(b) Considerations.--In carrying out this section, the United
States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the findings and conclusions of the United States
Sentencing Commission in its October 2011 report to Congress
entitled, Mandatory Minimum Penalties in the Federal Criminal
Justice System;
(3) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;
(4) the relevant public safety concerns involved in the
considerations before the United States Sentencing Commission;
(5) the intent of Congress that penalties for violent,
repeat, and serious drug traffickers who present public safety
risks remain appropriately severe; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) Emergency Authority.--The United States Sentencing Commission
shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable, and
in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C.
994 note), as though the authority under that Act had not
expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and
applicable law.
SEC. 6. REPORT BY ATTORNEY GENERAL.
Not later than 6 months after the date of enactment of this Act,
the Attorney General shall submit to the Committees on the Judiciary of
the House of Representatives and the Senate a report outlining how the
reduced expenditures on Federal corrections and the cost savings
resulting from this Act will be used to help reduce overcrowding in the
Federal Bureau of Prisons, help increase proper investment in law
enforcement and crime prevention, and help reduce criminal recidivism,
thereby increasing the effectiveness of Federal criminal justice
spending.
SEC. 7. REPORT ON FEDERAL CRIMINAL OFFENSES.
(a) Definitions.--In this section--
(1) the term ``criminal regulatory offense'' means a
Federal regulation that is enforceable by a criminal penalty;
and
(2) the term ``criminal statutory offense'' means a
criminal offense under a Federal statute.
(b) Report on Criminal Statutory Offenses.--Not later than 1 year
after the date of enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report,
which shall include--
(1) a list of all criminal statutory offenses, including a
list of the elements for each criminal statutory offense; and
(2) for each criminal statutory offense listed under
paragraph (1)--
(A) the potential criminal penalty for the criminal
statutory offense;
(B) the number of prosecutions for the criminal
statutory offense brought by the Department of Justice
each year for the 15-year period preceding the date of
enactment of this Act; and
(C) the mens rea requirement for the criminal
statutory offense.
(c) Report on Criminal Regulatory Offenses.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, the head of each Federal agency
described in paragraph (2) shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report, which shall include--
(A) a list of all criminal regulatory offenses
enforceable by the agency; and
(B) for each criminal regulatory offense listed
under subparagraph (A)--
(i) the potential criminal penalty for a
violation of the criminal regulatory offense;
(ii) the number of violations of the
criminal regulatory offense referred to the
Department of Justice for prosecution in each
of the years during the 15-year period
preceding the date of enactment of this Act;
and
(iii) the mens rea requirement for the
criminal regulatory offense.
(2) Agencies described.--The Federal agencies described in
this paragraph are the Department of Agriculture, the
Department of Commerce, the Department of Education, the
Department of Energy, the Department of Health and Human
Services, the Department of Homeland Security, the Department
of Housing and Urban Development, the Department of the
Interior, the Department of Labor, the Department of
Transportation, the Department of the Treasury, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Equal Employment Opportunity Commission, the
Export-Import Bank of the United States, the Farm Credit
Administration, the Federal Communications Commission, the
Federal Deposit Insurance Corporation, the Federal Election
Commission, the Federal Labor Relations Authority, the Federal
Maritime Commission, the Federal Mine Safety and Health Review
Commission, the Federal Trade Commission, the National Labor
Relations Board, the National Transportation Safety Board, the
Nuclear Regulatory Commission, the Occupational Safety and
Health Review Commission, the Office of Compliance, the Postal
Regulatory Commission, the Securities and Exchange Commission,
the Securities Investor Protection Corporation, the
Environmental Protection Agency, the Small Business
Administration, the Federal Housing Finance Agency, and the
Office of Government Ethics.
(d) Index.--Not later than 2 years after the date of enactment of
this Act--
(1) the Attorney General shall establish a publically
accessible index of each criminal statutory offense listed in
the report required under subsection (b) and make the index
available and freely accessible on the website of the
Department of Justice; and
(2) the head of each agency described in subsection (c)(2)
shall establish a publically accessible index of each criminal
regulatory offense listed in the report required under
subsection (c)(1) and make the index available and freely
accessible on the website of the agency.
(e) Rule of Construction.--Nothing in this section shall be
construed to require or authorize appropriations. | Smarter Sentencing Act of 2015 Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the criminal history category for the defendant is not higher than category two. (Currently, the court may disregard the statutory minimum if the defendant does not have more than one criminal history point.) Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed, provided such sentence was not previously imposed or reduced under such Act or such a motion wasn't previously denied. Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances and for such violations by a courier (defined as a person whose role was limited to transporting or storing drugs or money). Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity, and (2) the need to reduce and prevent racial disparities in sentencing. Requires the Attorney General to: (1) report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding in the Bureau of Prisons, increase investment in law enforcement and crime prevention, and reduce recidivism; (2) report a list of all criminal statutory offenses and the potential criminal penalty, the number of prosecutions brought by the Department of Justice each year for the previous 15 years, and the mens rea requirement for each offense; and (3) establish a publicly accessible index of each criminal statutory offense. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dr. Martin Luther King, Jr.,
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Dr. Martin Luther King, Jr., dedicated his life to
securing the Nation's fundamental principles of liberty and
justice for all its citizens.
(2) Dr. Martin Luther King, Jr., was the leading civil
rights advocate of his time, spearheading the civil rights
movement in the United States during the 1950's and 1960's.
(3) Dr. Martin Luther King, Jr., was the keynote speaker at
the August, 28, 1963, March on Washington, the largest rally of
the civil rights movement, during which, from the steps of the
Lincoln Memorial and before a crowd of over 200,000 people, he
delivered his famous ``I Have A Dream'' speech, one of the
classic orations in American history.
(4) Dr. Martin Luther King, Jr., was a champion of
nonviolence, fervently advocated nonviolent resistance as the
strategy to end segregation and racial discrimination in
America, and was awarded the 1964 Nobel Peace Prize in
recognition for his efforts.
(5) All Americans should commemorate the legacy of Martin
Luther King, Jr., so ``that one day this Nation will rise up
and live out the true meaning of its creed: `We hold these
truths to be self-evident; that all men are created equal.'''.
(6) Efforts are underway to secure the personal papers of
Dr. Martin Luther King, Jr., for the Library of Congress so
that they may be preserved and studied for generations to come.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 350,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Not more than 5,000,000 half
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(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. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act from any available source, including from stockpiles
established under the Strategic and Critical Materials Stock Piling
Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the inspirational life and works of
Dr. Martin Luther King, Jr.
(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 ``2003''; 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
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning August 28, 2003.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2003.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 8(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Marketing.--The Secretary, in cooperation with the Legacy Fund
of the Library of Congress, shall develop and implement a marketing
program to promote and sell the coins issued under this Act both within
the United States and internationally.
SEC. 8. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $3 per coin for the half dollar 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 Dr. Martin Luther King, Jr., Legacy Fund of the Library of Congress
to be used for the objects and purposes of such Fund.
(c) Audits.--The Dr. Martin Luther King, Jr., Legacy Fund 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 Fund
under subsection (b). | Dr. Martin Luther King, Jr., Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the life and works of Dr. Martin Luther King, Jr. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``States as Energy Leaders for the
Future Act'' or ``SELF Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means an
entity described in section 3(b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. CLEAN ENERGY GRANT PROGRAM.
(a) In General.--There is established in the Department of Energy a
program to provide grants to eligible entities, on a competitive basis,
to develop and carry out clean energy and carbon reduction measures,
such as--
(1) renewable electricity standards;
(2) regional or statewide climate action plans;
(3) the use of hybrid, electric, compressed natural gas, or
fuel cell vehicles in State or local fleets;
(4) measures to increase the percentage of public buildings
of the eligible entity that are certified with respect to
standards for energy efficiency;
(5) participation in a regional greenhouse gas reduction
program;
(6) facilitation of on-bill financing for energy efficiency
improvements for residences and business served by rural coops;
(7) provision of State tax incentives for the manufacture
or installation of clean energy components or energy efficiency
upgrades;
(8) provision of innovative financing mechanisms to private
sector entities to encourage the deployment of clean energy
technologies;
(9) implementation of best management practices for the
public utility commission of an eligible entity;
(10) improvement and updating of grid technology; and
(11) implementation of carbon efficiency standards.
(b) Eligible Entities.--To be eligible to receive a grant under
this section, a State or unit of local government, or a regional
consortium comprised of States or units of local governments, in
partnership with private sector and nongovernmental organization
partners, shall--
(1) meet any requirements established by the Secretary
under subsection (e); and
(2) submit an application to the Secretary at such time, in
such form, and containing such information as the Secretary may
require.
(c) Award.--The Secretary shall determine which eligible entities
shall receive grants and the amount of the grants provided based on--
(1) the information provided in an application submitted
under subsection (b)(2); and
(2) any criteria for reviewing and ranking applications
developed by the Secretary by regulation under subsection (e).
(d) Use of Funds.--Grant funds provided under this section shall
only be used for eligible uses specified by the Secretary by regulation
under subsection (e).
(e) Regulations.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall issue regulations
that establish criteria for grants under this section,
including specifying the types of measures that are eligible
for grants, establishing application criteria, and developing a
point system to assist the Secretary in reviewing and ranking
grant applications.
(2) Considerations.--In developing the regulations under
paragraph (1), the Secretary shall take into account--
(A) regional disparities in the ways in which
energy is produced and used; and
(B) the clean energy resource potential of the
measures.
(f) Explanation.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register an explanation of the manner by which grants awarded under
subsection (c) would ensure an objective evaluation based on the
criteria regulations promulgated under subsection (e)(1).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary for fiscal
year 2011 to carry out this Act $5,000,000,000, to remain available
until expended.
SEC. 5. COST OFFSET FOR CLEAN ENERGY GRANT PROGRAM, AND DEFICIT
REDUCTION, RESULTING FROM DENIAL OF DEDUCTION FOR MAJOR
INTEGRATED OIL COMPANIES FOR INCOME ATTRIBUTABLE TO
DOMESTIC PRODUCTION OF OIL, GAS, OR PRIMARY PRODUCTS
THEREOF.
(a) In General.--Subparagraph (B) of section 199(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (ii), by striking the period at the end of clause (iii) and
inserting ``, or'', and by inserting after clause (iii) the following
new clause:
``(iv) in the case of a taxpayer which is a
major integrated oil company (as defined in
section 167(h)(5)(B)), oil related qualified
production activities (within the meaning of
subsection (d)(9)(B)).''.
(b) Conforming Amendment.--Section 199(d)(9)(A) of the Internal
Revenue Code of 1986 is amended by inserting ``(other than a major
integrated oil company (as defined in section 167(h)(5)(B))'' after
``taxpayer''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010. | States as Energy Leaders for the Future Act or SELF Act - Establishes in the Department of Energy (DOE) a program to provide grants to eligible entities, on a competitive basis, to develop and carry out clean energy and carbon reduction measures, such as renewable electricity standards, regional or statewide climate action plans, and participation in a regional greenhouse gas reduction program.
Directs the Secretary of DOE, in establishing criteria for grants, to take into account: (1) regional disparities in the ways in which energy is produced and used; and (2) the clean energy resource potential of the measures.
Amends the Internal Revenue Code to exclude from the definition of "domestic production gross receipts" for purposes of the tax deduction for income attributable to domestic production, the gross receipts of a major integrated oil company which are derived from oil related qualified production activities. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthcare Innovation Zone Program
Act of 2009''.
SEC. 2. HEALTHCARE INNOVATION ZONE DEMONSTRATION PROGRAM.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
establish a Healthcare Innovation Zone pilot program to increase
healthcare provider integration and align healthcare provider
incentives to improve health and to reduce healthcare costs.
(b) Features of Program.--The HIZ pilot program established under
subsection (a) shall consist of the following:
(1) An HIZ planning grant program, as described in section
3.
(2) An HIZ demonstration project, as described in section
4.
(c) Definitions.--In this Act:
(1) Grant program.--The term ``grant program'' means the
HIZ planning grant program as described in section 3.
(2) HIZ.--The term ``HIZ'' means a Healthcare Innovation
Zone, consisting of an integrated healthcare delivery network
that works with local employers, community leaders, and private
and governmental payors in a geographic region, that--
(A) provides a full spectrum of care, including
inpatient, outpatient, post-acute, and preventive care,
to individuals including Medicare beneficiaries;
(B) has an academic medical center that provides
tertiary and quaternary care, has existing capabilities
to conduct health services research, and provides
clinical training for health professionals; and
(C) is able to accept alternative payment
structures beyond fee-for-service and per diem amounts.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. HIZ PLANNING GRANT PROGRAM.
(a) Establishment.--The Secretary shall make grants to eligible
entities for the purposes of researching and preparing an HIZ model
plan, in accordance with subsection (f).
(b) Conditions.--A grant recipient under this section must apply
for the HIZ demonstration project described in section 4. If a grant
recipient under this section is not selected to participate in such
project, then such recipient must return any unused grant funds to the
Secretary.
(c) Eligibility.--The following persons are eligible entities for
purposes of this section:
(1) A healthcare institution or provider licensed and
accredited in the United States.
(2) An academic medical center.
(3) A large multispecialty group practice.
(4) Any other clinical organization.
(5) Any other organization that is able to establish,
through a memorandum of understanding or by other means to be
defined by the Secretary, an intent to collaborate with a
person listed in paragraphs (1) through (4).
(d) Application.--An application for a grant under this section
shall include the following:
(1) A demonstration that the grant applicant is located in
a geographic region that has the necessary breadth of
healthcare providers to support the HIZ.
(2) The support and endorsement of the HIZ concept by the
following persons:
(A) At least one leader of a clinical entity that
provides the full spectrum of care.
(B) At least one private payer.
(3) A demonstration that the grant applicant has the
resources and expertise to implement the features listed in
subsection (f).
(4) A proposed budget setting forth the costs to be
incurred in creating the model HIZ plan.
(e) Criteria for Awarding Grants.--The Secretary shall give
preference to a grant application that demonstrates a likelihood that
the HIZ model plan will meet the requirements of subsection (f).
(f) HIZ Model Plan Requirements.--A recipient of a grant under this
section must submit to the Secretary, within 6 months of receiving such
grant, an HIZ model plan describing the HIZ to be implemented in the
demonstration project under section 4. Such HIZ model plan must contain
the following:
(1) A description of innovative models of care that improve
quality and decrease costs.
(2) A provider network that will provide the full spectrum
of care.
(3) A target population and mechanisms to enroll such
population, supported by evidence that such population is
willing to participate in an HIZ demonstration.
(4) A mechanism to provide for knowledge and information-
sharing across the HIZ participants.
(5) A description of how the HIZ would incorporate the
training of the next generation of physicians, nurses, and
allied health professionals in a new model of cost-effective
quality healthcare.
(6) A description of the governance of the HIZ, and how it
would affect the administration of the model and management of
the organizational and cultural changes necessary for a
successful HIZ.
(7) A description of non-financial barriers to innovation
that must be addressed for the creation of a successful HIZ,
including physician self-referral laws, anti-trust
considerations, State laws, and accreditation or certification
requirements.
(8) A process for data reporting, annual site visits, and
developing community health impact assessments.
(9) A set of indicators to help track performance and
success of the HIZ model plan, including measures to address
cost containment, access to care, and quality improvement, and
how the HIZ model plan would facilitate achievement of these
improvements.
(10) A description of mechanisms to achieve involvement by
the community and external experts as ongoing monitors of the
success of the HIZ model plan.
(11) Payment methodology options that address both funding
mechanisms to the HIZ as well as how the HIZ would distribute
funds to the HIZ participants.
(g) Number and Amount of Planning Grants.--The Secretary shall
award at least 10 but not more than 25 grants under this section in an
amount of at least $250,000 and not more than $1,000,000 per grant.
(h) Funding.--Amounts made available under the heading ``Agency for
Healthcare Research and Quality--Healthcare Research and Quality'' in
title VIII of division I of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5) may be used by the Secretary to make grants
under this section.
SEC. 4. HEALTHCARE INNOVATION ZONE DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary shall establish an HIZ
demonstration project in order to test the effectiveness of HIZs in
increasing healthcare provider integration, improving healthcare
services, and reducing healthcare costs. Such demonstration project
shall not be subject to current requirements regarding shared savings
under demonstration projects. The Secretary shall select demonstration
project participants from the persons that have received grants under
section 3.
(b) Duration.--The demonstration project shall operate for a period
of at least 3 years, and shall be subject to renewal at the Secretary's
discretion.
(c) Application.--An eligible entity shall submit an application
for participation in the HIZ demonstration project to the Secretary at
such time and manner, and containing such information as the Secretary
may require.
(d) Eligibility.--To be eligible to participate in the
demonstration project established under this section, a person must--
(1) have submitted an HIZ model plan in accordance with
section 3(f) that is approved by the Secretary;
(2) agree to submit the necessary data so that Secretary
can assess the costs, quality of care, and access to care for
the population participating in the HIZ demonstration project;
(3) demonstrate a culture of innovation and commitment to
preventive and public health;
(4) possess structural elements to provide the full range
of care necessary for a successful HIZ;
(5) provide clinical training for healthcare professionals
in a medical environment that emphasizes coordinated,
integrated, high-quality care delivered at a controlled cost;
(6) have the ability to allocate resources within the
members of the HIZ;
(7) have a broad research infrastructure that supports data
gathering, analytics, and synthesis of unrelated population
elements, including quality-related data elements;
(8) have significant investment in health information
technology that extends across the system to include healthcare
providers, physicians, and other clinicians;
(9) possess advance innovations including, but not limited
to, creation of medical homes, pay for performance, and other
cost-effective delivery platforms;
(10) demonstrate long-term economic sustainability;
(11) demonstrate strong hospital and physician leadership
and the willingness to undergo a full portfolio assessment and
reengineering of core patient care and administrative
processes;
(12) possess robust financial infrastructure and
administrative support to assure the HIZ's success; and
(13) demonstrate arrangements that maintain oversight and
accreditation standards.
(e) HIZ Requirements.--An HIZ established under this section
shall--
(1) provide healthcare services to individuals who
voluntarily enroll to receive such services for multi-year
periods from the HIZ; and
(2) provide comprehensive healthcare services, as described
in subsection (f).
(f) Comprehensive Healthcare Services.--The comprehensive
healthcare services referred to in subsection (e)(2) shall consist of
hospital care, physician services, post-acute care, preventive care,
education, tertiary and quaternary care, and palliative care, and shall
include the following:
(1) For a primary care practice, contractual agreements
with practices that deliver both primary and preventive care.
(2) For a teaching hospital or other hospital, arrangements
with teaching and nonteaching hospitals and arrangements with
community hospitals.
(3) For a network of outpatient facilities, arrangements
with outpatient facilities, including Federally Qualified
Health Centers and community health providers.
(4) For a network of post-acute care providers,
arrangements with post-acute care providers for rehabilitation
services, home health services, hospice services, skilled
nursing services, and such other post-acute care services as
the Secretary determines to be appropriate.
(5) For a network of community services, arrangements for
the provision of ambulance services and community outreach
service.
(6) Arrangements for the provision such additional services
as the Secretary may require.
(g) Payment.--The Secretary may determine the payments that are
required to be made for receipt of healthcare services provided under a
model plan implemented with a grant under this section. The Secretary
shall determine those amounts based on the methodology options
submitted through the grant program established under section 3.
(h) Assumption of Financial Risk for Costs Above HIZ Payment
Amounts.--An HIZ established under this section shall assume the full
financial risk for the costs of healthcare services delivered to an
individual receiving services from the HIZ that are in excess of any
payments made to the HIZ and must have sufficient reserves to
accommodate any such additional costs.
(i) Waiver of Rights to Payment Under Private or Public Programs.--
An HIZ established with amounts provided under this section shall waive
any right to additional reimbursement under any Federal healthcare
entitlement program, including under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq.; 42 U.S.C. 1396 et seq.), and
under any group health plan or from any health insurance issuer
offering group or individual health insurance coverage for healthcare
services furnished to an individual receiving healthcare services from
the HIZ and for which payment is made under this subsection for such
services.
(j) Scoring Cost Savings.--The Secretary shall collaborate with the
Government Accountability Office in scoring the healthcare costs and
savings associated with implementing HIZs on a nationwide basis.
(k) Waiver.--Any requirements under titles XI and XVIII of the
Social Security Act (42 U.S.C. 1301 et seq.; 42 U.S.C. 1395 et seq.),
or under any other provision of law that would preclude the
establishment or operation of an HIZ under this section, shall not
apply with respect to such establishment or operation.
(l) Reports.--
(1) HIZ report.--An entity that establishes an HIZ under
this section shall submit to the Secretary a report that
describes and evaluates the activities of the HIZ.
(2) Secretary report.--The Secretary shall submit to
Congress an evaluation of the current status of the
demonstration program within 6 months after the end of the
first year of the demonstration program, and every 6 months
thereafter until the end of the demonstration program. | Healthcare Innovation Zone Program Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a Healthcare Innovation Zone (HIZ) pilot program, consisting of an HIZ planning grant program and an HIZ demonstration project, to increase health care provider integration and align health care provider incentives to improve health and reduce health care costs.
Defines an "HIZ" as an integrated health care delivery network that works with local employers, community leaders, and private and governmental payors in a geographic region and that: (1) provides a full spectrum of care, including inpatient, outpatient, post-acute, and preventive care, to individuals, including Medicare beneficiaries; (2) has an academic medical center that provides tertiary and quaternary care, has existing capabilities to conduct health services research, and provides clinical training for health professionals; and (3) is able to accept alternative payment structures beyond fee-for-service and per diem amounts.
Directs the Secretary to award between 10 and 25 grants of $250,000 to $1 million each to eligible entities for purposes of researching and preparing an HIZ model plan. Lists required contents of a plan, including: (1) a description of innovative models of care that improve quality and decrease costs; (2) a provider network that will provide the full spectrum of care; and (3) a target population and mechanisms to enroll such population.
Directs the Secretary to: (1) establish an HIZ demonstration project to test the effectiveness of HIZs in increasing health care provider integration, improving health care services, and reducing health care costs; and (2) select project participants from HIV model plan grant recipients. Requires the project to operate for at least three years, subject to renewal at the Secretary's discretion.
Requires an HIZ established under this Act to provide comprehensive health care services to individuals who voluntarily enroll to receive such services for multi-year periods from the HIZ. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compliance, Examinations, and
Inspections Restructuring Act of 2005''.
SEC. 2. ORGANIZATION AND CONDUCT OF THE DIVISIONS AND OFFICES OF THE
SECURITIES AND EXCHANGE COMMISSION.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d)
is amended by adding at the end the following new subsections:
``(g) Divisions and Offices of the Commission.--
``(1) Compliance, inspections, and examinations.--The
authority that the Commission has to conduct inspections and
examinations of registered brokers or dealers (15 U.S.C.
78q(b)), registered investment companies (15 U.S.C. 80a-30(b)),
and registered investment advisers (15 U.S.C. 80b-4) shall be
vested in the administrative divisions or offices to which the
Commission has delegated pursuant to section 4A of this Act the
authority to administer its responsibilities under this Act,
the Investment Company Act of 1940 (15 U.S.C. 80a), and the
Investment Advisers Act of 1940 (15 U.S.C. 80b). The Commission
shall report to Congress pursuant to section 21(a) of this Act
no less frequently than every 5 years from the enactment of
this subsection, and shall in that report state its views on
the continuing efficacy, effectiveness, and efficiency of
requiring the administrative divisions or offices to conduct
inspections and examinations of registered brokers or dealers,
registered investment companies, and registered investment
advisers.
``(2) Closure of open matters.--Not less frequently than
every 120 days during a period in which an enforcement division
or office of the Commission with respect to a formal or
informal inquiry, or an administrative division or office of
the Commission with respect to an inspection or examination, is
conducting an inquiry or inspection, that division or office
shall notify in writing the person who is the subject of that
inquiry or inspection to inform such person of the status of
the inquiry or inspection. When that division or office has
completed its inquiry or inspection, that division or office
shall, within 10 days of completing that inquiry or inspection,
notify in writing the person who was the subject of that
inquiry or inspection that the inquiry or inspection has been
completed.
``(3) Sweep examinations or inspections.--
``(A) Notice and approval.--Before an
administrative division or office of the Commission may
conduct an inspection of registered brokers or dealers,
registered investment companies, or registered
investment advisers, it shall provide written
notification in such form determined by the Chairman.
Before an administrative division or office of the
Commission may conduct a sweep examination of
registered brokers or dealers, registered investment
companies, or registered investment advisers, it shall
seek authority from the Commission to conduct such a
sweep examination or inspection in the same manner and
subject to the same procedures that the enforcement
divisions or offices of the Commission must follow in
seeking the authority to conduct a formal investigation
or inquiry regarding a registered brokers or dealer, a
registered investment company, or a registered
investment adviser.
``(B) Content.--An administrative division or
office of the Commission shall confine the content of a
sweep examination or inspection to those existing books
and records that the registered broker or dealer,
registered investment company, or registered investment
adviser is required to keep and maintain under
applicable rules and regulations, and may not require
the creation of a new document or the calculation or
presentation of data that is not required to be kept or
maintained under applicable rules and regulations.
``(4) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Confidential communication.--The term
`confidential communication' shall mean any transfer of
information, regardless of the form or format in which
the information is communicated to an officer or
employee of a compliance and inspections office, about
a registered broker or dealer, registered investment
company, or registered investment adviser by an officer
or employee of a registered broker or dealer,
registered investment company, or registered investment
adviser regarding whether the broker or dealer,
investment company, or investment adviser is in
compliance with applicable provisions of this Act, the
Securities Act of 1933, the Investment Company Act of
1940, or the Investment Advisers Act of 1940, wherein
the officer or employee transferring such information
reasonably believes in good faith that the information
being communicated to an officer or employee of a
compliance and inspections office of the Commission--
``(i) is not information required to be
made publicly available by any applicable
Federal law or regulation; or
``(ii) is information regarding any book,
record, or other information in the possession
of, or maintained on behalf of, the registered
broker or dealer, registered investment
company, or registered investment adviser that
is subject to the examination and inspection
authority of the Commission.
``(B) Sweep examination.--Not later than 60 days
after the date of enactment of this subsection, the
Commission shall define the term `sweep examination'
for purposes of this subsection.
``(C) Enforcement division.--The term `enforcement
division' means the divisions or offices to which the
Commission has delegated pursuant to section 4A of this
Act the authority to investigate and to enforce the
provisions of this Act, the Investment Company Act of
1940 (15 U.S.C. 80a-41), and the Investment Advisers
Act of 1940 (15 U.S.C. 80b-9).
``(h) Ombudsman.--
``(1) Appointment.--Not later than 180 days after the date
of enactment of this section, the Chairman of the Securities
and Exchange Commission shall appoint an Ombudsman who shall
report directly to the Chairman.
``(2) Duties of ombudsman.--The Ombudsman appointed under
subsection (a) shall--
``(A) ensure safeguards exist to encourage persons
who are issuers registered brokers or dealers,
registered investment companies, or registered
investment advisers to present questions to the
Commission regarding compliance with the securities
laws;
``(B) maintain privilege of confidential
communications between such persons and the Ombudsman;
``(C) advise and guide such persons through the
process of self-reporting, ensuring appropriate and due
credit is given to the registrant upon self-reporting;
and
``(D) act as a liaison between the agency and such
persons with respect to any problem such registrant may
have in dealing with the agency resulting from the
regulatory activities of the agency.
``(3) Limitation.--In carrying out the duties under
paragraph (1), the Ombudsman shall utilize personnel of the
Commission to the extent practicable. Nothing in this section
is intended to replace, alter, or diminish the activities of
any ombudsman or similar office in any other agency.
``(4) Disclosure of confidential communications.--
Notwithstanding any other provision of this subsection, in
those circumstances where the most senior officer of the
enforcement division or office of the Commission has made a
formal recommendation in writing to the Commission that it
exercise its authority in section 21(d)(1) to seek an
injunction against a registered broker or dealer, its authority
in section 42(d) of the Investment Company Act of 1940 to seek
an injunction against a registered investment company, or its
authority in section 209(d) of the Investment Advisers Act of
1940 to seek an injunction against a registered investment
adviser, the Ombudsman or an employee of the Ombudsman shall
disclose to the officers and employees of any other division or
office any confidential communications received from an officer
or employee of a registered broker or dealer, a registered
investment company, or a registered investment adviser pursuant
to the provisions of Section 24(b).
``(5) Report.--Each year, the Ombudsman shall submit a
report to the Commission for inclusion in the annual report
that describes the activities, and evaluates the effectiveness
of the Ombudsman during the preceding year. In that report, the
Ombudsman shall include solicited comments and evaluations from
registrants in regards to the effectiveness of the
Ombudsman.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the Securities and Exchange
Commission should develop and publish guidelines setting forth
explicitly the benefit that an issuer the securities of which are
registered under section 12 of the Securities Exchange Act of 1934, a
registered broker-dealer, a registered investment company, or a
registered investment adviser shall receive if it self-reports to an
administrative division or office of the Commission or to an
enforcement division or office of the Commission an apparent violation
of law, rules, or regulations applicable to it and is subsequently the
respondent in a civil injunctive action or administrative proceeding
brought by the Commission with respect to the matter that was self-
reported. | Compliance, Examinations, and Inspections Restructuring Act of 2005 - Amends the Securities Exchange Act of 1934 to vest the inspections and examinations authority of the Securities and Exchange Commission (SEC) in those administrative divisions or offices to which the SEC has delegated its administrative responsibilities.
Requires the subject of an SEC inquiry or inspection to be notified in writing at least every 120 days regarding the status of an ongoing proceeding.
Requires an SEC administrative division or office to obtain permission to conduct a sweep examination in the same manner and subject to the same procedures as SEC enforcement divisions or offices must follow in conducting a formal investigation or inquiry of registered entities.
Instructs the Chairman of the SEC to appoint an Ombudsman with respect to any problems resulting from SEC regulatory activities.
Expresses the sense of Congress that the SEC should develop and publish guidelines setting forth explicitly the benefit to either an issuer of securities or a registered entity if it self-reports an apparent violation of law, and subsequently becomes the respondent in an SEC civil injunctive action or administrative proceeding regarding the matter that was self-reported. | billsum_train |
Give a brief overview of the following text: entitled
``A Joint Resolution to approve the Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political Union with
the United States of America, and for other purposes'', approved March
24, 1976 (48 U.S.C. 1806), is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``2019'' and
inserting ``2029''; and
(B) by striking paragraph (6), and inserting the
following:
``(6) Certain education funding.--
``(A) In general.--In addition to fees charged
pursuant to section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) to recover the full
costs of providing adjudication services, the Secretary
of Homeland Security shall charge an annual
supplemental fee of $150 per temporary worker to each
prospective employer who is issued a permit under
subsection (d) of this section during the transition
program. Such supplemental fee shall be paid into the
Treasury of the Commonwealth government for the purpose
of funding ongoing vocational educational curricula and
program development by Commonwealth educational
entities.
``(B) Plan for the expenditure of funds.--At the
beginning of each fiscal year, and prior to the payment
of the supplemental fee into the Treasury of the
Commonwealth government in that fiscal year, the
Commonwealth government must provide to the Secretary
of Labor, a plan for the expenditure of funds received
under this paragraph, a projection of the effectiveness
of these expenditures in the placement of United States
workers into jobs, and a report on the changes in
employment of United States workers attributable to
prior year expenditures.
``(C) Report.--The Secretary of Labor shall report
to the Congress every 2 years on the effectiveness of
meeting the goals set out by the Commonwealth
government in its annual plan for the expenditure of
funds.'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) by striking the third sentence and
inserting the following: ``This system shall
provide, during the transition period or any
extension thereof, for a reduction in the
allocation of permits for such workers on an
annual basis to zero unless the Secretary
determines that a reduction in the number of
available workers for a fiscal year would
adversely affect the Commonwealth's economy.
Such a determination shall be based upon
verifiable documentation of the economic harm
that would result from a reduction in available
workers. Under such conditions, the Secretary
may decide to make no change to or to increase
the number of available workers for that fiscal
year.''; and
(ii) by adding at the end the following:
``At no time may the number of permits in
effect and valid under this paragraph exceed
18,000.'';
(B) in paragraph (3)--
(i) by striking ``(3)'' and inserting
``(3)(A)''; and
(ii) by adding at the end the following:
``(B) No alien may be admitted or provided CW-1
status in an occupational classification unless the
employer has filed with the Secretary of Labor an
application stating that the employer is offering and
will offer, during the period of authorized employment,
to aliens admitted or provided CW-1 status--
``(i) wages that are at least the actual
wage level paid by the employer to all other
individuals with similar experience and
qualifications for the specific employment in
question;
``(ii) wages that are at least the
prevailing wage level for the occupational
classification in the area of employment; or
``(iii) for job classifications without a
certified prevailing wage, wages equal to or
greater than the mean wage of the 3 lowest
wages within the Commonwealth's prevailing wage
system.''; and
(C) by adding at the end the following:
``(6)(A) Not later than April 30, 2027, the Secretary of
Labor, in consultation with the Secretary of Homeland Security,
the Secretary of Defense, the Secretary of the Interior, and
the Governor of the Commonwealth, shall ascertain the current
and anticipated labor needs of the Commonwealth and determine
whether an extension of up to 5 years of the provisions of this
subsection is necessary to ensure an adequate number of workers
will be available for legitimate businesses in the
Commonwealth. If the Secretary of Labor determines that such an
extension is necessary, the Secretary of Labor shall provide
for it through a notice published in the Federal Register
containing such determination.
``(B) For the purpose of this paragraph, a business shall
not be considered legitimate if it engages directly or
indirectly in prostitution, trafficking in minors, or any other
activity that is illegal under Federal or local law. The
determinations of whether a business is legitimate and to what
extent, if any, it may require alien workers to supplement the
resident workforce, shall be made by the Secretary of Homeland
Security, in the Secretary's sole discretion.
``(C) In making the determination of whether alien workers
are necessary to ensure an adequate number of workers for
legitimate businesses in the Commonwealth, and if so, the
number of such workers that are necessary, the Secretary of
Labor may consider, among other relevant factors--
``(i) government, industry, or independent
workforce studies reporting on the need, or lack
thereof, for alien workers in the Commonwealth's
businesses;
``(ii) the unemployment rate of United States
citizen workers residing in the Commonwealth;
``(iii) the unemployment rate of aliens in the
Commonwealth who have been lawfully admitted for
permanent residence;
``(iv) the number of unemployed alien workers in
the Commonwealth;
``(v) any good faith efforts to locate, educate,
train, or otherwise prepare United States citizen
residents, lawful permanent residents, and unemployed
alien workers already within the Commonwealth, to
assume those jobs;
``(vi) any available evidence tending to show that
United States citizen residents, lawful permanent
residents, and unemployed alien workers already in the
Commonwealth are not willing to accept jobs of the type
offered;
``(vii) the extent to which admittance of alien
workers will affect the compensation, benefits, and
living standards of existing workers within those
industries and other industries authorized to employ
alien workers; and
``(viii) the prior use, if any, of alien workers to
fill those industry jobs, and whether the industry
requires alien workers to fill those jobs.
``(D) The Secretary of Labor periodically shall provide to
the Committee on Energy and Natural Resources and the Committee
on the Judiciary of the Senate, the Committee on Natural
Resources and the Committee on the Judiciary of the House of
Representatives, and the Delegate to the United States House of
Representatives from the Northern Mariana Islands an outline of
the Secretary's schedule and process for making determinations
under this paragraph.''; and
(3) in subsection (e), by adding at the end the following:
``(6) Special provision regarding long-term residents of
the commonwealth.--
``(A) CNMI-only resident status.--Notwithstanding
paragraph (1), an alien described in subparagraph (B)
may, upon the application of the alien, be admitted as
an immigrant to the Commonwealth subject to the
following rules:
``(i) The alien shall be treated as an
immigrant lawfully admitted for permanent
residence in the Commonwealth only, including
permitting entry to and exit from the
Commonwealth, until the earlier of the date on
which--
``(I) the alien ceases to
permanently reside in the Commonwealth;
or
``(II) the alien's status is
adjusted under this paragraph or
section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) to that
of an alien lawfully admitted for
permanent residence in accordance with
all applicable eligibility
requirements.
``(ii) The Secretary of Homeland Security
shall establish a process for such aliens to
apply for CNMI-only permanent resident status
during the 90-day period beginning on the first
day of the sixth month after the date of the
enactment of this paragraph.
``(iii) Nothing in this subparagraph may be
construed to provide any alien granted status
under this subparagraph with public assistance
to which the alien is not otherwise entitled.
``(B) Aliens described.--An alien is described in
this subparagraph if the alien--
``(i) is lawfully present in the
Commonwealth under the immigration laws of the
United States;
``(ii) is otherwise admissible to the
United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.);
``(iii) resided continuously and lawfully
in the Commonwealth from November 28, 2009,
through the date of the enactment of this
paragraph;
``(iv) is not a citizen of the Republic of
the Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau; and
``(v)(I) was born in the Northern Mariana
Islands between January 1, 1974, and January 9,
1978;
``(II) was, on May 8, 2008, and continues
to be as of the date of the enactment of this
paragraph, a permanent resident (as defined in
section 4303 of title 3 of the Northern Mariana
Islands Commonwealth Code, in effect on May 8,
2008);
``(III) is the spouse or child (as defined
in section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1))), of an
alien described in subclauses (I) or (II);
``(IV) was, on May 8, 2008, an immediate
relative (as defined in section 4303 of title 3
of the Northern Mariana Islands Commonwealth
Code, in effect on May 8, 2008), of a United
States citizen, notwithstanding the age of the
United States citizen, and continues to be such
an immediate relative on the date of the
application described in subparagraph (A);
``(V) resided in the Northern Mariana
Islands as a guest worker under Commonwealth
immigration law for at least 5 years before May
8, 2008, and is presently resident under CW-1
status; or
``(VI) is the spouse or child (as defined
in section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1))), of the
alien guest worker described in subclause (V)
and is presently resident under CW-2 status.
``(C) Adjustment for long-term and permanent
residents.--Beginning on the date that is 5 years after
the date of the enactment of this paragraph, an alien
described in subparagraph (B) may apply to receive an
immigrant visa or to adjust his or her status to that
of an alien lawfully admitted for permanent
residence.''.
(b) Additional Reports.--Section 702 of the Consolidated Natural
Resources Act of 2008 (Public Law 110-229; 122 Stat. 854) is amended--
(1) by redesignating subsections (i), (j), and (k) as
subsections (j), (k), and (l); and
(2) by inserting after subsection (h) the following:
``(i) Additional Reports.--
``(1) In general.--The Comptroller General of the United
States shall submit a report to the Congress not later than 2
years after the date of the enactment of this subsection, and,
beginning on April 30, 2019, every 4 years until the end of the
transition program established under section 6 of the Joint
Resolution entitled `A Joint Resolution to approve the Covenant
To Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America, and for
other purposes', approved March 24, 1976 (Public Law 94-241; 90
Stat. 263, 122 Stat. 854), as added by subsection (a). The
report shall include, at a minimum, the following items:
``(A) An assessment of the short-term and long-term
impacts of the amendments made by this subtitle on the
economy of the Commonwealth, including its ability to
obtain workers to supplement its resident workforce and
to maintain access to its tourists and customers.
``(B) An analysis of the labor needs of the
Commonwealth and of efforts by the Commonwealth
government and business to recruit, educate, and train
United States citizens and nationals, aliens lawfully
admitted to the United States for permanent residence,
and citizens of one of the Freely Associated States
admitted under the Compacts of Free Association with
the United States and residing in the Commonwealth of
the Northern Mariana Islands, to replace the temporary
workforce.
``(2) Data collection.--To assist the Commonwealth's
efforts to train United States citizens and nationals, aliens
lawfully admitted to the United States for permanent residence,
and citizens of one of the Freely Associated States admitted
under the Compacts of Free Association with the United States
and residing in the Commonwealth of the Northern Mariana
Islands, to replace temporary workers, and to assist the
Secretary of Labor's analysis of whether the transition program
referred to in paragraph (1) should be extended--
``(A) the Secretary of Homeland Security shall
report to the Congress, not later than 90 days after
the end of each fiscal year of the program, the number
of permits approved, by occupation, industry, and
country of citizenship, for employment of aliens
seeking to enter the Commonwealth as a temporary
worker; and
``(B) the Bureau of Labor Statistics of the
Department of Labor shall collect data on unemployment,
employment, pay, and benefits in the Commonwealth of
the Northern Mariana Islands beginning with the first
fiscal year after the date of the enactment of this
subsection.''. | This bill amends the "Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America" to extend until December 31, 2029, the transition period during which the Department of Homeland Security (DHS) shall regulate immigration in the Commonwealth of the Northern Mariana Islands (CNMI) pending full applicability of U.S. immigration laws to the CNMI. The annual supplemental vocational education fee currently charged to the employer of each CNMI transition period nonimmigrant worker shall be charged instead to the employer of each temporary worker. The CNMI shall provide the Department of Labor with an annual plan for the expenditure of such funds for U.S. worker job placement. DHS is authorized to not reduce the annual transitional nonimmigrant worker visa allocation to zero during the transition period if a reduction in the number of available workers would adversely affect the CNMI's economy. The bill caps the number of transitional nonimmigrant worker visas at 18,000. An employer shall pay a CW-1 transitional worker: (1) wages that are at least the actual wage level paid by the employer to all other similarly qualified individuals; (2) wages that are at least the prevailing wage level for the occupational classification; or (3) for job classifications without a certified prevailing wage, wages equal to or greater than the mean wage of the three lowest wages within the CNMI's prevailing wage system. Labor, by April 30, 2027, shall ascertain the CNMI's current and anticipated labor needs and determine whether a five-year extension of the transition program is necessary to ensure the availability of an adequate number of workers. The bill provides for, and set forth the criteria under which, long-term CNMI residents may be admitted as CNMI permanent residents. The bill sets forth specified reporting and data collection requirements. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Incentives for Growth, Expansion
and Revitalization Act of 2008''.
SEC. 2. DEDUCTION FOR INCOME FROM BUSINESS ACTIVITIES CONDUCTED IN HIGH
JOB-LOSS AREAS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:
``SEC. 200. INCOME ATTRIBUTABLE TO BUSINESS ACTIVITIES CONDUCTED IN
HIGH-JOB LOSS AREAS.
``(a) In General.--In the case of an eligible taxpayer, there shall
be allowed as a deduction an amount equal to 50 percent of the lesser
of--
``(1) the qualified high job-loss zone business income of
the taxpayer for the taxable year, or
``(2) taxable income (determined without regard to this
section) for the taxable year.
``(b) Eligible Taxpayer.--For purposes of this section--
``(1) In general.--The term `eligible taxpayer' means any
taxpayer if not less than 5 percent of the gross receipts of
the taxpayer are high job-loss zone business gross receipts
attributable to a single metropolitan statistical area high
job-loss zone.
``(2) Related persons.--All persons treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 (except that
determinations under subsections (a) and (b) of section 52
shall be made without regard to section 1563(b)) shall be
treated as 1 person for purposes of paragraph (1).
``(c) Qualified High Job-Loss Zone Business Income.--
``(1) In general.--The term `qualified high job-loss zone
business income' for any taxable year means an amount equal to
the excess (if any) of--
``(A) the taxpayer's high job-loss zone business
gross receipts for such taxable year, over
``(B) the sum of--
``(i) the cost of goods sold that are
allocable to such receipts, and
``(ii) other expenses, losses, or
deductions (other than the deduction allowed
under this section), which are properly
allocable to such receipts.
``(2) Allocation method.--The Secretary shall prescribe
rules for the proper allocation of items described in paragraph
(1) for purposes of determining qualified high job-loss zone
business income. Such rules shall provide for the proper
allocation of items whether or not such items are directly
allocable to high job-loss zone business gross receipts.
``(3) Costs.--Rules similar to the rules of section
199(c)(3) shall apply for purposes of paragraph (1).
``(4) High job-loss zone business gross receipts.--
``(A) In general.--The term `high job-loss zone
business gross receipts' means gross receipts of the
taxpayer which are derived from the active conduct of a
trade or business in a metropolitan statistical area
high job-loss zone.
``(B) Related person.--
``(i) In general.--The term `high job-loss
zone business gross receipts' shall not include
any gross receipts of the taxpayer derived from
property leased, licensed, or rented by the
taxpayer for use by any related person.
``(ii) Related person.--For purposes of
clause (i), a person shall be treated as
related to another person if such persons are
treated as a single employer under subsection
(a) or (b) of section 52 or subsection (m) or
(o) of section 414, except that determinations
under subsections (a) and (b) of section 52
shall be made without regard to section
1563(b).
``(d) Metropolitan Statistical Area High Job-Loss Zone.--For
purposes of this section--
``(1) In general.--The term `metropolitan statistical area
high job-loss zone' means any standard metropolitan statistical
area designated by the Secretary for purposes of this section.
Designations under the preceding sentence shall be made not
later than January 1, 2009.
``(2) Standards for designations.--An area may be
designated by the Secretary under paragraph (1) if the
Secretary determines that--
``(A) any eligible city in such area is among of
the lowest \1/3\ of all eligible cities ranked on the
basis of--
``(i) the economic conditions referred to
in paragraph (4), and
``(ii) the residential economic well-being
factors referred to in paragraph (5), and
``(B) the area is among the lowest \1/3\ of all
standard metropolitan statistical areas ranked on the
basis of comparing changes in--
``(i) employment,
``(ii) wages,
``(iii) gross metropolitan product, and
``(iv) gross metropolitan product per job,
between the 1990 and 2000 censuses.
``(3) Eligible cities.--For purposes of paragraph (1), the
term `eligible city' means, with respect to a standard
metropolitan statistical area, any city in such area if--
``(A) has a population of at least 50,000 and is
the most populous city in such area,
``(B) has a population of--
``(i) at least 50,000, and
``(ii) at least 50 percent of the
population of the most populous city in such
area, or
``(C) has a population of at least 150,000.
Population shall be determined using the 2000 census.
``(4) Economic conditions.--The economic conditions
referred to in this paragraph are growth in--
``(A) employment,
``(B) annual payroll, and
``(C) business establishments.
``(5) Residential economic well-being factors.--The
residential economic well-being factors referred to in the
paragraph are--
``(A) per capita income,
``(B) median household income,
``(C) poverty rate,
``(D) unemployment rate, and
``(E) labor force participation rate.
``(e) Micropolitan Statistical Area High Job-Loss Zone.--For
purposes of this section--
``(1) In general.--The term `micropolitan statistical area
high job-loss zone' means any standard micropolitan statistical
area designated by the Secretary for purposes of this section.
Designations under the preceding sentence shall be made not
later than January 1, 2009.
``(2) Standards for designations.--An area may be
designated by the Secretary under paragraph (1) if the
Secretary determines that--
``(A) any eligible city in such area is among of
the lowest \1/3\ of all eligible cities ranked on the
basis of--
``(i) the economic conditions referred to
in paragraph (4), and
``(ii) the residential economic well-being
factors referred to in paragraph (5), and
``(B) the area is among the lowest \1/3\ of all
standard metropolitan statistical areas ranked on the
basis of comparing changes in--
``(i) employment,
``(ii) wages,
``(iii) gross metropolitan product, and
``(iv) gross metropolitan product per job,
between the 1990 and 2000 censuses.
``(3) Eligible cities.--For purposes of paragraph (1), the
term `eligible city' means, with respect to a standard
metropolitan statistical area, any city in such area which has
a population of at least 10,000 but less than 50,000
(determined using the 2000 census).
``(4) Economic conditions.--The economic conditions
referred to in this paragraph are growth in--
``(A) employment,
``(B) annual payroll, and
``(C) business establishments.
``(5) Residential economic well-being factors.--The
residential economic well-being factors referred to in the
paragraph are--
``(A) per capita income,
``(B) median household income,
``(C) poverty rate,
``(D) unemployment rate,
``(E) average age of housing stock, and
``(F) labor force participation rate.
``(f) Special Rules.--Rules similar to the rules of paragraphs (1)
through (7) of section 199(d) shall apply for purposes of this section.
``(g) Regulations.--The Secretary shall prescribe such regulations
as are appropriate to carry out this section.
``(h) Application of Section.--The section shall apply to taxable
years beginning after December 31, 2008, and before January 1, 2014.''.
(b) Minimum Tax.--Section 56(g)(4)(C) of such Code (relating to
disallowance of items not deductible in computing earnings and profits)
is amended by adding at the end the following new clause:
``(vii) Deduction for high job-loss zone
income.--Clause (i) shall not apply to any
amount allowable as a deduction under section
199.''.
(c) Technical Amendments.--
(1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A),
219(g)(3)(A)(ii), 221(b)(2)(C)(i), 222(b)(2)(C)(i), 246(b)(1),
and 469(i)(3)(F)(iii) of such Code are each amended by
inserting ``200,'' after ``199,''.
(2) Subsection (a) of section 613 of such Code is amended
by inserting ``or 200'' after ``199''.
(3) Subsection (a) of section 1402 of such Code is amended
by striking ``and'' at the end of paragraph (16), by striking
the period at the end of paragraph (17) and inserting ``,
and'', and by inserting after paragraph (17) the following new
paragraph:
``(18) the deduction provided by section 200 shall not be
allowed.''.
(4) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by adding at the end the
following new item:
``Sec. 200. Income attributable to business activities conducted in
high-job loss areas.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
(e) Reporting.--The Secretary of the Treasury shall submit reports
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate detailing the impact of section
200 of the Internal Revenue Code of 1986 (as added by this section) on
retaining and attracting new businesses to high job-loss zones. Such
reports shall be submitted annually for each calendar year included in
the period specified in section 200(g) of such Code. | Tax Incentives for Growth, Expansion and Revitalization Act of 2008 - Amends the Internal Revenue Code to allow employers in a high-job loss area a tax deduction for 50% of the income attributable to trade or business activities conducted in such area. Designates an area as a high-job loss area based upon standards relating to employment, annual payroll, and business establishments. Makes such tax deduction applicable to taxable years beginning after December 31, 2008, and before January 1, 2014. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governmental Pension Plan
Equalization Act of 2003''.
SEC. 2. CLARIFICATION OF ``GOVERNMENTAL PLAN'' DEFINITIONS.
(a) Amendment to Internal Revenue Code of 1986.--Section 414(d) of
the Internal Revenue Code of 1986 (definition of governmental plan) is
amended by adding at the end thereof the following new sentence: ``The
term `governmental plan' also includes a plan established or maintained
for its employees by an Indian tribal government (as defined in section
7701(a)(40)), a subdivision of an Indian tribal government (determined
in accordance with section 7871(d)), an agency or instrumentality of an
Indian tribal government or a subdivision thereof, or an entity
established under tribal, Federal, or State law which is wholly owned
or controlled by any of the foregoing.''.
(b) Amendment to Employee Retirement Income Security Act of 1974.--
Section 3(32) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002(32)) is amended by adding at the end the following new
sentence: ``The term `governmental plan' also includes a plan
established or maintained for its employees by an Indian tribal
government (as defined in section 7701(a)(40) of the Internal Revenue
Code of 1986), a subdivision of an Indian tribal government (determined
in accordance with section 7871(d) of such Code), an agency or
instrumentality of an Indian tribal government or subdivision thereof,
or an entity established under tribal, Federal, or State law which is
wholly owned or controlled by any of the foregoing.''.
SEC. 3. EXTENSION TO ALL GOVERNMENTAL PLANS OF CURRENT MORATORIUM ON
APPLICATION OF CERTAIN NONDISCRIMINATION RULES APPLICABLE
TO STATE AND LOCAL PLANS.
(a) In General.--
(1) Subparagraph (G) of section 401(a)(5) and subparagraph
(H) of section 401(a)(26) of the Internal Revenue Code of 1986
are each amended by striking ``section 414(d))'' and all that
follows and inserting ``section 414(d)).''.
(2) Subparagraph (G) of section 401(k)(3) of such Code and
paragraph (2) of section 1505(d) of the Taxpayer Relief Act of
1997 are each amended by striking ``maintained by a State or
local government or political subdivision thereof (or agency or
instrumentality thereof)''.
(b) Conforming Amendments.--
(1) The heading for section 401(a)(5)(G) of such Code is
amended to read as follows:
``(G) Governmental plans.--''.
(2) The heading for section 401(a)(26)(H) of such Code is
amended to read as follows:
``(H) Exception for governmental plans.--''.
(3) Section 401(k)(3)(G) of such Code is amended by
inserting ``Governmental plan.--'' after ``(G)''.
SEC. 4. CLARIFICATION THAT TRIBAL GOVERNMENTS ARE SUBJECT TO THE SAME
DEFINED BENEFIT PLAN RULES AND REGULATIONS APPLIED TO
STATE AND OTHER LOCAL GOVERNMENTS, THEIR POLICE AND
FIREFIGHTERS.
(a) Amendments to Internal Revenue Code of 1986.--
(1) Police and firefighters.--Subparagraph (H) section
415(b)(2) of the Internal Revenue Code of 1986 (defining
participant) is amended--
(A) in clause (i) by inserting ``, Indian tribal
government (as defined in section 7701(a)(40)),'' after
``State'', and
(B) in clause (ii)(I) by inserting ``, Indian
tribal government,'' after ``State'' both places it
appears.
(2) State and local government plans.--
(A) In general.--Subparagraph (A) of section
415(b)(10) of such Code (relating to limitation to
equal accrued benefit) is amended by inserting ``,
Indian tribal government (as defined in section
7701(a)(40)),'' after ``State''.
(B) Conforming amendment.--The heading for section
415(b)(10) of such Code is amended to read as follows:
``(10) Special rule for state, indian tribal, and local
government plans.--''.
(3) Government pick up contributions.--Paragraph (2) of
section 414(h) of such Code (relating to designation by units
of government) is amended by inserting ``, Indian tribal
government (as defined in section 7701(a)(40)),'' after
``State''.
(b) Amendments to Employee Retirement Income Security Act of
1974.--Section 4021(b) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1321(b)) is amended--
(1) in paragraph (12), by striking ``or'' at the end;
(2) in paragraph (13), by striking ``plan.'' and inserting
``plan; or''; and
(3) by adding at the end the following new paragraph:
``(14) established and maintained for its employees by an
Indian tribal government (as defined in section 7701(a)(40) of
the Internal Revenue Code of 1986), a subdivision of an Indian
tribal government (determined in accordance with section
7871(d) of such Code), an agency or instrumentality of an
Indian tribal government or subdivision thereof, or an entity
established under tribal, Federal, or State law which is wholly
owned or controlled by any of the foregoing.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to years beginning
before, on, or after the date of the enactment of this Act. | Governmental Pension Plan Equalization Act of 2003 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to specify that rules for governmental plans also apply to plans established for their employees by Indian tribal governments or their subdivisions, agencies, instrumentalities, or entities which they wholly-own or control. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Korea Defense Service Medal Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) More than 40,000 members of the United States Armed
Forces have served on the Korean Peninsula each year since the
signing of the cease-fire agreement in July 1953 ending the
Korean War.
(2) An estimated 1,200 members of the United States Armed
Forces died as a direct result of their service in Korea since
the cease-fire agreement in July 1953.
SEC. 3. KOREA DEFENSE SERVICE MEDAL.
(a) Army.--(1) Chapter 357 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 3754. Korea Defense Service Medal
``(a) The Secretary of the Army shall issue a campaign medal, to be
known as the Korea Defense Service Medal, to each person who while a
member of the Army served in the Republic of Korea or the waters
adjacent thereto during the KDSM eligibility period and met the service
requirements for the award of that medal prescribed under subsection
(c).
``(b) In this section, the term `KDSM eligibility period' means the
period beginning on July 28, 1954, and ending on such date after the
date of the enactment of this section as may be determined by the
Secretary of Defense to be appropriate for terminating eligibility for
the Korea Defense Service Medal.
``(c) The Secretary of the Army shall prescribe service
requirements for eligibility for the Korea Defense Service Medal. Those
requirements shall not be more stringent than the service requirements
for award of the Armed Forces Expeditionary Medal for instances in
which the award of that medal is authorized.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3754. Korea Defense Service Medal.''.
(b) Navy and Marine Corps.--(1) Chapter 567 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 6256. Korea Defense Service Medal
``(a) The Secretary of the Navy shall issue a campaign medal, to be
known as the Korea Defense Service Medal, to each person who while a
member of the Navy or Marine Corps served in the Republic of Korea or
the waters adjacent thereto during the KDSM eligibility period and met
the service requirements for the award of that medal prescribed under
subsection (c).
``(b) In this section, the term `KDSM eligibility period' means the
period beginning on July 28, 1954, and ending on such date after the
date of the enactment of this section as may be determined by the
Secretary of Defense to be appropriate for terminating eligibility for
the Korea Defense Service Medal.
``(c) The Secretary of the Navy shall prescribe service
requirements for eligibility for the Korea Defense Service Medal. Those
requirements shall not be more stringent than the service requirements
for award of the Armed Forces Expeditionary Medal for instances in
which the award of that medal is authorized.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6256. Korea Defense Service Medal.''.
(c) Air Force.--(1) Chapter 857 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8754. Korea Defense Service Medal
``(a) The Secretary of the Air Force shall issue a campaign medal,
to be known as the Korea Defense Service Medal, to each person who
while a member of the Air Force served in the Republic of Korea or the
waters adjacent thereto during the KDSM eligibility period and met the
service requirements for the award of that medal prescribed under
subsection (c).
``(b) In this section, the term `KDSM eligibility period' means the
period beginning on July 28, 1954, and ending on such date after the
date of the enactment of this section as may be determined by the
Secretary of Defense to be appropriate for terminating eligibility for
the Korea Defense Service Medal.
``(c) The Secretary of the Air Force shall prescribe service
requirements for eligibility for the Korea Defense Service Medal. Those
requirements shall not be more stringent than the service requirements
for award of the Armed Forces Expeditionary Medal for instances in
which the award of that medal is authorized.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8754. Korea Defense Service Medal.''.
(d) Award for Service Before Date of Enactment.--The Secretary of
the military department concerned shall take appropriate steps to
provide in a timely manner for the issuance of the Korea Defense
Service Medal, upon application therefor, to persons whose eligibility
for that medal is by reason of service in the Republic of Korea or the
waters adjacent thereto before the date of the enactment of this Act. | Korea Defense Service Medal Act - Directs the Secretary of the military department concerned to issue a campaign medal, to be known as the Korea Defense Service Medal, to each member who served in the Republic of Korea or its adjacent waters after July 27, 1954. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Shale Development Act of 2005''.
SEC. 2. OIL SHALE LEASING.
(a) Declaration of Policy.--Congress declares that it is the policy
of the United States that--
(1) United States oil shale and oil sands are strategically
important domestic resources that should be developed through
methods that help reduce the growing dependence of the United
States on politically and economically unstable sources of
foreign oil imports;
(2) the development of oil shale and oil sands, for
research and commercial development, should be conducted in an
environmentally sound and economically feasible manner; and
(3) development described in paragraph (2) should occur at
a deliberate pace, with an emphasis on sustainability, to
benefit the United States while taking into account affected
States and communities.
(b) Leasing for Research and Development.--
(1) In general.--In accordance with section 21 of the
Mineral Leasing Act (30 U.S.C. 241) and any other applicable
law, except as provided in this section, not later than 1 year
after the date of enactment of this Act, from land otherwise
available for leasing, the Secretary of the Interior (referred
to in this section as the ``Secretary'') shall, for a period
determined by the Secretary, make available for leasing such
land as the Secretary considers to be necessary to conduct
research and development activities with respect to innovative
technologies for the recovery of shale oil from oil shale
resources on public land.
(2) Application.--The Secretary may offer to lease the land
to persons that submit an application for the lease, if the
Secretary determines that there is no competitive interest in
the land.
(3) Administration.--In carrying out this subsection, the
Secretary shall--
(A) provide for environmentally sound research and
development of oil shale;
(B) provide for an appropriate return to the
public, as determined by the Secretary;
(C) before carrying out any activity that will
disturb the surface of land, provide for an adequate
bond, surety, or other financial arrangement to ensure
reclamation;
(D) provide for a primary lease term of 10 years,
after which the lease term may be extended if the
Secretary determines that diligent research and
development activities are occurring on the land
leased;
(E) require the owner or operator of a project
under this subsection, within such period as the
Secretary may determine--
(i) to submit a plan of operations;
(ii) to develop an environmental protection
plan; and
(iii) to undertake diligent research and
development activities;
(F) ensure that leases under this section are not
larger than necessary to conduct research and
development activities under an application under
paragraph (2);
(G) provide for consultation with affected State
and local governments; and
(H) provide for such requirements as the Secretary
determines to be in the public interest.
(4) Moneys received.--Any moneys received from a leasing
activity under this subsection shall be paid in accordance with
section 35 of the Mineral Leasing Act (30 U.S.C. 191).
(c) Programmatic Environmental Impact Statement.--Not later than 18
months after the date of enactment of this Act, in accordance with
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic
environmental impact statement that analyzes potential leasing for
commercial development of oil shale resources on public land.
(d) Analysis of Potential Leasing Program.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress a
report (including recommendations) analyzing a potential
leasing program for the commercial development of oil shale on
public land.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) an analysis of technologies and research and
development programs for the production of oil and
other materials from oil shale and tar sands in
existence on the date on which the report is prepared;
(B) an analysis of--
(i) whether leases under the program should
be issued on a competitive basis;
(ii) the term of the leases;
(iii) the maximum size of the leases;
(iv) the use and distribution of bonus bid
lease payments;
(v) the royalty rate to be applied,
including whether a sliding scale royalty rate
should be used;
(vi) whether an opportunity should be
provided to convert research and development
leases into leases for commercial development,
including the terms and conditions that should
apply to the conversion;
(vii) the maximum number of leases and
maximum acreage to be leased under the leasing
program to an individual; and
(viii) any infrastructure required to
support oil shale development in industry and
communities; and
(C) an analysis, developed in conjunction with the
appropriate State water resource agencies, of the
demand for, and availability of, water with respect to
the development of oil shale.
(3) Public participation.--In preparing the report under
this subsection, the Secretary shall provide notice to, and
solicit comment from--
(A) the public;
(B) representatives of local governments;
(C) representatives of industry; and
(D) other interested parties.
(4) Participation by certain states.--In preparing the
report under this subsection, the Secretary shall--
(A) provide notice to, and solicit comment from,
the Governors of the States of Colorado, Utah, and
Wyoming; and
(B) incorporate into the report submitted to
Congress under paragraph (1) any response of the
Secretary to those comments.
(e) National Oil Shale Assessment.--
(1) Assessment.--
(A) In general.--The Secretary shall carry out a
national assessment of oil shale resources for the
purposes of evaluating and mapping oil shale deposits,
in the geographic areas described in subparagraph (B).
(B) Geographic areas.--The geographic areas
referred to in subparagraph (A), listed in the order in
which the Secretary shall assign priority, are--
(i) the Green River Region of the States of
Colorado, Utah, and Wyoming;
(ii) the Devonian oil shales of the eastern
United States; and
(iii) any remaining area in the central and
western United States (including the State of
Alaska) that contains oil shale, as determined
by the Secretary.
(2) Use of state surveys and universities.--In carrying out
the assessment under paragraph (1), the Secretary may request
assistance from any State-administered geological survey or
university.
(f) State Water Rights.--Nothing in this section preempts or
affects any State water law or interstate compact relating to water.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Oil Shale Development Act of 2005 - Directs the Secretary of the Interior to: (1) make available for leasing public land considered necessary to conduct research and development activities with respect to innovative technologies for the recovery of shale oil; (2) complete a programmatic environmental impact statement that analyzes potential leasing for commercial development of oil shale resources on public land; and (3) implement a national assessment of oil shale resources for the purposes of evaluating and mapping oil shale deposits, in specified geographic areas.
Declares that this Act does not preempt or affect any state water law or interstate compact relating to water. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to a Second Medical Opinion
Act of 2009''.
SEC. 2. COVERAGE OF SECOND OPINIONS.
(a) Group Health Plans.--
(1) ERISA amendments.--
(A) Subpart B of part 7 of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1185
et seq.) is amended by adding at the end the following
new section:
``SEC. 715. COVERAGE OF SECOND OPINIONS.
``(a) Coverage of Second Opinions.--A group health plan, and a
health insurance issuer that provides health insurance coverage in
connection with a group health plan, shall provide coverage for a
second opinion (as defined in subsection (b)(1)), if--
``(1) the second opinion is requested by--
``(A) a participant or beneficiary; or
``(B) a health care practitioner (as defined in
subsection (b)(2))--
``(i) who, with respect to a medical
condition, is treating or has proposed a
treatment plan for the participant or
beneficiary; and
``(ii) who has the consent of the
participant or beneficiary to make the request;
and
``(2)(A) the participant or beneficiary questions a
diagnosis, treatment plan, surgical procedure, or therapeutic
procedure for a medical condition that threatens loss of life,
quality of life, loss of limb, loss of bodily function, loss of
cognitive function, or substantial impairment of the mind or
body (including a serious chronic condition or infection);
``(B) the clinical indications with respect to a medical
condition are not conclusive;
``(C) a diagnosis for a medical condition is in doubt due
to conflicting test results;
``(D) the health care practitioner treating the participant
or beneficiary for a medical condition is unable to diagnose
the condition;
``(E) the treatment plan being used by the participant or
beneficiary for a medical condition is not causing improvement
in the condition within an appropriate period of time given the
diagnosis and plan of care as expected for such condition; or
``(F) the medical condition under treatment accelerates or
continues.
``(b) Coverage of a Second Opinion and Related Definitions.--For
purposes of this section:
``(1) Coverage of a second opinion.--The term `coverage of
a second opinion' means, with respect to a medical condition,
coverage for--
``(A) at least three appointments for the
participant or beneficiary with the qualified second
opinion physician (as defined in paragraph (7)) for the
purposes of making and reviewing a second opinion (as
defined in paragraph (8)) for the medical condition;
and
``(B) ancillary diagnostic tests conducted or
ordered by the qualified second opinion physician for
the purpose of making such second opinion to the extent
such tests would be covered by the plan or issuer
involved if the tests were conducted to provide
information to a participating physician (as defined in
paragraph (5)) for the purpose of making the initial
opinion (as defined in paragraph (3)) with respect to
the medical condition.
``(2) Health care practitioner.--The term `health care
practitioner' means a physician or a nurse practitioner.
``(3) Initial opinion.--The term `initial opinion' means,
with respect to a medical condition, the first opinion for such
condition.
``(4) Opinion.--The term `opinion' means, for a medical
condition, an opinion respecting the diagnosis or treatment
plan for the condition that is made by a health care
practitioner for a participant or beneficiary.
``(5) Participating physician.--The term `participating
physician' means, with respect to a group health plan or an
issuer of health insurance coverage, a physician who
participates in a preferred physician network (or similar
arrangement) recognized under such coverage of a plan or
issuer.
``(6) Physician.--The term `physician' has the meaning
given such term in section 1861(r)(1) of the Social Security
Act (42 U.S.C. 1935x(r)(1)).
``(7) Qualified second opinion physician.--The term
`qualified second opinion physician' means, with respect to a
medical condition, a physician who possesses a clinical
background, including training and expertise or a history of
treating patients, related to the condition.
``(8) Second opinion.--The term `second opinion' means,
with respect to a medical condition, an opinion made by a
qualified second opinion physician for a medical condition for
which another health care practitioner (as defined in paragraph
(2)) made an initial opinion (as defined in paragraph (3)).
``(c) Financial Responsibility, Terms of Coverage, and
Limitations.--
``(1) Financial responsibility.--
``(A) Participant.--The financial responsibility of
the participant or beneficiary (including deductibles,
coinsurance, co-payments, and other cost sharing) under
a group health plan or health insurance coverage for a
second opinion under subsection (a) shall be the same
as the financial responsibility of the participant or
beneficiary under such plan or coverage for comparable
services furnished by a participating physician in
connection with an initial opinion.
``(B) Plan or issuer.--Subject to paragraph (3),
the plan or issuer of health insurance coverage shall
reimburse the second opinion physician for the total
costs of the physician's services that are in excess of
the financial responsibility of the participant under
subparagraph (A).
``(2) Terms of coverage.--The terms of coverage under a
group health plan or health insurance coverage for a second
opinion under subsection (a) shall be the same as the terms of
coverage under such plan or coverage for an initial opinion
made by a participating physician.
``(3) Use of networks.--The plan or issuer may limit
coverage of a second opinion to a participating physician, but
only if there is a participating physician who--
``(A) is a qualified second opinion physician, for
purposes of the second opinion requested under
subsection (a)(1);
``(B) is located within 50 miles of the home of the
participant or beneficiary with respect to which a
request was made under subsection (a)(1); and
``(C) has an initial appointment available for such
participant or beneficiary within 30 days of date on
which such request was made.
``(4) Preapproval.--
``(A) In general.--Subject to subparagraph (B) and
subsection (e), the plan or issuer may require
preapproval for the second opinion from the plan or
issuer, but only in accordance with this paragraph and
with paragraph (2).
``(B) Rules for preapproval.--
``(i) Notice of approval or denial.--A plan
or issuer that requires preapproval of second
opinions shall provide notice to the
participant or beneficiary about the plan or
issuer's decision concerning a request for
preapproval of a second opinion for such
participant or beneficiary not later than 10
business days after the date on which the
participant or beneficiary requests the
preapproval.
``(ii) Prohibition.--A plan or issuer may
not require preapproval of a second opinion if
the participant or beneficiary requesting such
approval faces an imminent threat to health
(including the potential loss of life, limb,
major bodily function) and a delay in receiving
a second opinion would be detrimental to the
participant's or beneficiary's ability to
regain maximum function. In such cases, the
provider is required to reimburse the
beneficiary for the costs of the services and
items described in subparagraphs (A) and (B) of
subsection (b)(1) that are related to the
second opinion, minus the allowable copayments
determined under paragraph (1), if the
beneficiary paid for such opinion from personal
sources.
``(d) Consultation Report.--The plan or issuer may condition
payment for the second opinion under subsection (a) on the qualified
second opinion physician providing to the participant or beneficiary
and to the health care practitioner who made the initial opinion a
consultation report that includes, with respect to the medical
condition for which the second opinion was made, any diagnosis of such
condition made by the qualified second opinion physician and any
recommended procedures, tests, or treatments that the qualified second
opinion physician believes are appropriate.
``(e) Denial of Coverage or Preapproval.--If a plan or issuer
denies coverage for a second opinion or denies preapproval for a second
opinion under subsection (c)(4), the plan or issuer shall, not later
than 3 business days after the date of such denial--
``(1) notify the participant or beneficiary in writing of
the reasons for the denial;
``(2) inform the participant or beneficiary of such
participant's or beneficiary's right to file an appeal with the
plan or issuer; and
``(3) inform the participant or beneficiary of the process
for appealing the denial.
``(f) Appeals.--
``(1) In general.--The plan or issuer shall establish a
process for a participant or beneficiary to appeal when
preapproval for a second opinion or coverage of a second
opinion is denied by the plan or issuer.
``(2) Report to secretary.--No later than 90 days after the
date of enactment of this section, the plan or issuer shall
submit to the Secretary a report describing the appeal process
developed by the plan or issuer under paragraph (1).
``(g) Timelines Required.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section and not later than 30 days after the
date a timeline required under this subsection is amended, each
plan or issuer shall file with the Secretary a timeline for--
``(A) providing reimbursement of claims submitted
for second opinions; and
``(B) if required by the plan or issuer, responding
to requests for preapproval of second opinions under
subsection (c)(4).
``(2) Public availability.--Any timeline filed under
paragraph (1) shall be available to the public upon request.
``(h) Notice.--The imposition of the requirement of this section
shall be treated as a material modification in the terms of the plan
described in section 102(a), for purposes of assuring notice of such
requirements under the plan; except that the summary description
required to be provided under the last sentence of section 104(b)(1)
with respect to such modification shall be provided by not later than
60 days after the first day of the first plan year in which such
requirements apply.
``(i) Construction Regarding Additional Opinions.--Nothing in this
section shall be construed to prevent the plan or issuer, based on its
independent determination, from providing coverage to a participant or
beneficiary for additional medical opinions.
``(j) Service Plan Contacts.--The Secretary shall deem health care
service plan contracts that provide benefits to participants or
beneficiaries through preferred practitioner contracting arrangements
to have satisfied the requirements of this section if, subject to all
other terms and conditions of the contract that apply generally to all
other benefits, access to and coverage for second opinions is not
limited.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 715''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 715''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 714 the
following new item:
``Sec. 715. Coverage of second opinions.''.
(2) Public health service act amendments.--
(A) In general.--Subpart 2 of part A of title XXVII
of the Public Health Service Act (42 U.S.C. 300gg-4 et
seq.) is amended by adding at the end the following new
section:
``SEC. 2708 COVERAGE OF SECOND OPINIONS.
``The provisions of section 715 of the Employee Retirement Income
Security Act of 1974, except for subsection (h) of such section, shall
apply to group health plans, and health insurance issuers providing
health insurance coverage in connection with group health plans, as if
included in this subpart.''.
(B) Clerical amendment.--Section 2723(c) of such
Act (42 U.S.C. 300gg-23(c)) is amended by striking
``section 2704'' and inserting ``sections 2704 and
2708''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 (26 U.S.C. 9811 et seq.)
is amended by adding at the end the following:
``SEC. 9814 COVERAGE OF SECOND OPINIONS.
``The provisions of section 715 of the Employee Retirement Income
Security Act of 1974, except for subsection (h) of such section, shall
apply to group health plans as if included in this subchapter.''.
(B) Conforming amendment.--The table of sections
for subchapter B of chapter 100 of such Code is amended
by inserting after the item relating to section 9813
the following new item:
``Sec. 9814. Coverage of second opinions.''.
(b) Individual Health Insurance.--
(1) In general.--Subpart 2 of part B of title XXVII of the
Public Health Service Act is amended by inserting at the end
the following new section:
``SEC. 2754 COVERAGE OF SECOND OPINIONS.
``The provisions of section 2708 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as such provisions apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.''.
(2) Conforming amendment.--Section 2762(b)(2) of such Act
(42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section
2751'' and inserting ``sections 2751 and 2754''.
(c) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this section (and the amendments made thereby) are
administered so as to have the same effect at all times; and
(2) the enforcement of such regulations, rulings, and
interpretations is coordinated by such Secretaries for the
purposes of having a consistent enforcement strategy that
avoids duplication of enforcement efforts and assigns
priorities in enforcement.
(d) Effective Dates.--
(1) Group health plans and group health insurance
coverage.--Subject to paragraph (3), the amendments made by
subsection (a) apply with respect to group health plans for
plan years beginning on or after January 1, 2010.
(2) Individual health insurance coverage.--The amendments
made by subsection (b) apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after January 1, 2010.
(3) Collective bargaining exception.--In the case of a
group health plan maintained pursuant to one or more collective
bargaining agreements between employee representatives and one
or more employers ratified before the date of enactment of this
Act, the amendments made to subsection (a) shall not apply to
plan years beginning before the later of--
(A) the date on which the last collective
bargaining agreement relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act),
or
(B) January 1, 2010.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by subsection (a) shall not be treated as a termination
of such collective bargaining agreement. | Right to a Second Medical Opinion Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code of 1986 to require a group health plan to provide coverage for a second opinion requested by a participant or beneficiary or a health care practitioner if certain conditions are met, including that the medical condition threatens loss of life, quality of life, loss of limb, loss of bodily function, loss of cognitive function, or substantial impairment of the mind or body.
Directs that the financial responsibility of the participant or beneficiary for a second opinion shall be the same as that for comparable services furnished by a participating physician in connection with an initial opinion.
Sets forth provisions governing a health plan: (1) limiting coverage of a second opinion to a participating physician; (2) requiring preapproval for a second opinion; and (3) denying coverage or denying preapproval for a second opinion.
Allows a plan to condition payment for a second opinion on the physician providing a consultation report to the health care practitioner making the initial opinion.
Requires plans to provide the Secretary of Health and Human Services (HHS) a timeline for providing reimbursement of claims for second opinions and for responding to requests for preapproval of second opinions.
Applies the provisions of this Act to individual health insurance coverage. | billsum_train |
Provide a summary of the following text: SECTION 1. PRESIDENTIAL CERTIFICATIONS.
(a) Certifications Regarding Environmental Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on
Environmental Cooperation--
(A) to ensure that the regulations of that country
establish and enforce levels of environmental
protection that meet the requirements of its
constitution and other laws setting forth the country's
policy on environmental protection; and
(B) to effectively enforce the laws referred to in
paragraph (1).
(2) Basis of certification.--The Administrator of the
Environmental Protection Agency shall prepare for the President
an annual report on the enforcement by each NAFTA country of
its laws governing environmental protection, and its progress
in protecting the environment in accordance with its
development. In doing so, the Administrator shall consider the
country's--
(A) air quality standards;
(B) water effluent standards; and
(C) hazardous waste disposal standards.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
(b) Certifications Regarding Labor Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on Labor
Cooperation to comply with the objectives of that Agreement to
promote and improve laws protecting worker rights and to
promote compliance with these laws by using appropriate methods
such as--
(A) monitoring and on-site inspection by trained;
(B) encouragement of voluntary compliance by
employers;
(C) mandatory reporting by employers to appropriate
governmental authorities; and
(E) enforcement actions.
(2) Basis of certification.--The Secretary of Labor shall
prepare for the President an annual report on the enforcement
by each NAFTA country of its laws protecting worker rights. In
doing so, the Secretary shall consider the country's
enforcement of such laws in accordance with the following labor
principles (as stated in the Preamble of the North American
Agreement on Labor Cooperation):
(A) Freedom of association.
(B) The right to bargain collectively.
(C) The right to strike.
(D) Prohibition on forced labor.
(E) Restrictions on labor by children and young
people.
(F) Minimum employment standards.
(G) Elimination of employment discrimination.
(H) Equal pay for men and women.
(I) Prevention of occupational accidents and
diseases.
(J) Compensation in cases of work accidents and
occupational diseases.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
SEC. 2. DENIAL OF CERTAIN BENEFITS.
(a) In General.--In any case in which the President certifies in a
report submitted under section 1 that a NAFTA country is not meeting
commitments made in the North American Agreement on Environmental
Cooperation or the North American Agreement on Labor Cooperation, then
the following shall apply, beginning 30 days after the report is
submitted, until the next report is submitted under section 1:
(1) Denial of united states assistance.--That country may
not receive any United States assistance (other than
humanitarian assistance), including any loans or other
extensions of credit or credit guarantees by the United States.
(2) Opposition to assistance by international financial
institutions.--The President shall direct the United States
Representative to each international financial institution to
use the voice and vote of the United States to oppose any loan
or other extension of credit to that country.
(3) Imposition of tariffs.--The President may impose on
products of that country, notwithstanding any other provision
of law, tariffs, in addition to those that would otherwise
apply, on products in those sectors of the economy directly
related to the failure of the country to meet the commitments
made in the applicable agreement.
(b) Waiver.--The President may waive the application of any
provision of subsection (a) with respect to a country if the President
determines that it is in the national security interests of the United
States to do so and the President submits that determination, and the
rationale for the determination, to the Congress at least 30 days
before the waiver would take effect.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) International financial institution.--The term
``international financial institution'' has the meaning given
that term in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)).
(2) Nafta country.--The term ``NAFTA country'' has the
meaning given that term in section 2(4) of the North American
Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)).
(3) North american agreement on environmental
cooperation.--The term ``North American Agreement on
Environmental Cooperation'' has the meaning given that term in
section 532(b)(2) of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3472(b)(2)).
(4) North american agreement on labor cooperation.--The
term ``North American Agreement on Labor Cooperation'' has the
meaning given that term in section 531(b)(2) of the North
American Free Trade Agreement Implementation Act (19 U.S.C.
3471(b)(2)).
(5) United states assistance.--The term ``United States
assistance'' means any program of assistance or credits
provided by the United States to other countries under any
provision of law. | Directs the President to certify annually to the Congress whether or not each North American Free Trade Agreement (NAFTA) country is meeting its commitments under the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation (NAFTA supplemental agreements).
Establishes certain economic and trade sanctions for countries that receive a negative certification. Authorizes the President to waive the requirements of this Act if it is in the U.S. national security interest. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Liquid Transportation
Fuel Promotion Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Biomass.--The term ``biomass'' means any organic
material other than oil and natural gas (or any product
thereof).
(2) Coal.--The term ``coal'' means any carbonized or
semicarbonized matter, including peat and biomass.
(3) Coal-to-liquid.--The term ``coal-to-liquid'' means--
(A) with respect to a process or technology, the
use of the coal resources of the United States, using
the class of chemical reactions known as Fischer-
Tropsch, to produce synthetic fuel suitable for
transportation; and
(B) with respect to a facility, the portion of a
facility related to the Fischer-Tropsch process,
Fischer-Tropsch finished fuel production, or the
capture, transportation, or sequestration of byproducts
of the use of coal at the Fischer-Tropsch facility,
including carbon emissions.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM.
(a) Eligible Projects.--Section 1703(b) of the Energy Policy Act of
2005 (42 U.S.C. 16513(b)) is amended by adding at the end the
following:
``(11) Large-scale coal-to-liquid facilities (as defined in
section 2 of the Alternative Liquid Transportation Fuel
Promotion Act of 2006), that use coal resources of the United
States to produce not less than 5,000 barrels a day of liquid
transportation fuel.''.
(b) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
the following:
``(c) Coal-to-Liquid Projects.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary to provide the cost of guarantees
for projects involving large-scale coal-to-liquid facilities
under section 1703(b)(11).
``(2) Limitations.--
``(A) In general.--No loan guarantees shall be
provided under this title for projects described in
paragraph (1) after (as determined by the Secretary)--
``(i) the tenth such loan guarantee is
issued under this title; or
``(ii) production capacity covered by such
loan guarantees reaches 100,000 barrels per day
of coal-to-liquid fuel.
``(B) Individual projects.--
``(i) In general.--A loan guarantee may be
provided under this title for any large-scale
coal-to-liquid facility described in paragraph
(1) that produces no more than 20,000 barrels
of coal-to-liquid fuel per day.
``(ii) Non-federal funding requirement.--To
be eligible for a loan guarantee under this
title, a large-scale coal-to-liquid facility
described in paragraph (1) that produces more
than 20,000 barrels of coal-to-liquid fuel per
day shall be required to provide non-Federal
funding for the proportional cost of the loan
guarantee for production that exceeds 20,000
barrels of coal-to-liquid fuel per day.''.
SEC. 4. COAL-TO-LIQUID FACILITIES LOAN PROGRAM.
(a) Definition of Eligible Recipient.--In this section, the term
``eligible recipient'' means an individual, organization, or other
entity that owns, operates, or plans to construct a coal-to-liquid
facility that will produce at least 5,000 barrels per day of coal-to-
liquid fuel.
(b) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide loans, in a total amount not to
exceed $20,000,000, for use by eligible recipients to pay the Federal
share of the cost of obtaining any services necessary for the planning,
permitting, and construction of a coal-to-liquid facility.
(c) Application.--To be eligible to receive a loan under subsection
(b), an owner or operator of a coal-to-liquid facility shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(d) Non-Federal Match.--To be eligible to receive a loan under this
section, an eligible recipient shall use non-Federal funds to provide a
dollar-for-dollar match of the amount of the loan.
(e) Repayment of Loan.--
(1) In general.--To be eligible to receive a loan under
this section, an eligible recipient shall agree to repay the
original amount of the loan to the Secretary not later than 5
years after the date of the receipt of the loan.
(2) Source of funds.--Repayment of a loan under paragraph
(1) may be made from any financing or assistance received for
the construction of a coal-to-liquid facility described in
subsection (a), including a loan guarantee provided under
section 1703(b)(11) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)(11)).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000, to remain
available until expended.
SEC. 5. STRATEGIC PETROLEUM RESERVE.
(a) Development, Operation, and Maintenance of Reserve.--Section
159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is
amended--
(1) by redesignating subsections (f), (g), (j), (k), and
(l) as subsections (a), (b), (e), (f), and (g), respectively;
and
(2) by inserting after subsection (b) (as redesignated by
paragraph (1)) the following:
``(c) Study of Maintaining Coal-to-Liquid Products in Reserve.--Not
later than 1 year after the date of enactment of the Alternative Liquid
Transportation Fuel Promotion Act of 2006, the Secretary shall--
``(1) conduct a study of the feasibility and suitability of
maintaining coal-to-liquid products in the Reserve; and
``(2) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the results of the study.
``(d) Construction or Lease of Storage Facilities.--As soon as
practicable after the date of enactment of the Alternative Liquid
Transportation Fuel Promotion Act of 2006, the Secretary may construct
or lease 1 or more storage facilities--
``(1) in the vicinity of pipeline infrastructure and at
least 1 military base; but
``(2) outside the boundaries of any State on the coast of
the Gulf of Mexico.''.
(b) Petroleum Products for Storage in Reserve.--Section 160 of the
Energy Policy and Conservation Act (42 U.S.C. 6240) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting a semicolon at
the end;
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) coal-to-liquid products (as defined in section 2 of
the Alternative Liquid Transportation Fuel Promotion Act of
2006), as the Secretary determines to be appropriate, in a
quantity not to exceed 20 percent of the total quantity of
petroleum products in the Reserve.'';
(2) in subsection (b), by redesignating paragraphs (3)
through (5) as paragraphs (2) through (4), respectively; and
(3) by redesignating subsections (f) and (h) as subsections
(d) and (e), respectively.
(c) Conforming Amendments.--Section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(B) in paragraph (2) (as redesignated by
subparagraph (A)), by striking ``section 160(f)'' and
inserting ``section 160(e)''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``section 160(f)'' and inserting ``section
160(e)''. | Alternative Liquid Transportation Fuel Promotion Act of 2006 - Amends the Energy Policy Act of 2005 to declare eligible for a federal loan guarantee commitment large-scale coal-to-liquid facilities that use coal resources of the United States to produce at least 5,000 barrels a day of liquid transportation fuel.
Directs the Secretary of Energy to establish a federal loan program to pay the federal share of the cost of obtaining any services necessary for the planning, permitting, and construction of a coal-to-liquid facility.
Amends the Energy Policy and Conservation Act to direct the Secretary to study and report to certain congressional committees on the feasibility and suitability of maintaining coal-to-liquid products in the Strategic Petroleum Reserve.
Authorizes the Secretary to construct or lease storage facilities in the vicinity of pipeline infrastructure and at least one military base, but outside the boundaries of any state on the coast of the Gulf of Mexico. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spectrum Relocation Improvement Act
of 2011''.
SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM
RELOCATION PROCESS.
(a) Eligible Federal Entities.--Section 113(g)(1) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(g)(1)) is amended to read as follows:
``(1) Eligible federal entities.--Any Federal entity, as
defined in subsection (i), that operates a Federal Government
station assigned to a band of eligible frequencies, as
described in paragraph (2), and that incurs relocation costs
because of the reallocation of frequencies from Federal use to
non-Federal use shall receive payment for such costs from the
Spectrum Relocation Fund if the Federal entity is found by the
Office of Management and Budget (in this section referred to as
`OMB') to comply with the requirements of this section and
section 118. For purposes of this paragraph, Federal power
agencies exempted under subsection (c)(4) that choose to
relocate from the frequencies identified for reallocation
pursuant to subsection (a) are eligible to receive payment
under this paragraph.''.
(b) Public Information on Relocation Process.--Section 113(g) of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) Public notice of relocation plans.--
``(A) Not later than 90 days after the date on
which the NTIA, on behalf of eligible Federal entities
and after review by OMB, notifies the Commission of
estimated relocation costs and timelines for such
relocation as required by paragraph (4)(A), NTIA shall
post on its Web site detailed transition plans from
each of the eligible Federal entities, taking
appropriate measures to safeguard classified or
sensitive information as detailed in this section. Each
Federal entity's transition plan shall provide the
public with the following information about its
spectrum relocation requirements:
``(i) Current use of the spectrum.
``(ii) Geographic location of the Federal
entities' facilities or systems, including
frequency bands used by such systems.
``(iii) The steps to be taken by the
Federal entity to relocate its current spectrum
uses from the eligible frequencies, including
timelines for specific geographic locations in
sufficient detail to indicate when use of such
frequencies at specific locations will be
shared between the Federal entity and the
commercial licensee.
``(iv) The specific interactions between
eligible Federal entities and NTIA needed to
implement the transition plan.
``(v) The name of the director, officer, or
employee responsible for the Federal entity's
relocation efforts and who is authorized to
meet and negotiate with commercial licensees
regarding the relocation process.
``(vi) The Federal entity's plans and
timeline for using relocation funds received
from the Spectrum Relocation Fund, procuring
new equipment and additional personnel needed
for the relocation, and field-testing and
deploying new equipment needed in the
relocation.
``(vii) Risk factors in the relocation
process that could affect the Federal entity's
fulfillment of its transition plan.
``(B) To be eligible to receive payment for
relocation costs from the Spectrum Relocation Fund--
``(i) Federal entities shall make the
transition plans described in this subsection
available to NTIA at least 90 days prior to the
date that NTIA shall make such plans publicly
available on its Web site pursuant to
subparagraph (A), in a common format to be
specified by NTIA after public input; and
``(ii) each transition plan shall be
evaluated by a standing 3-member technical
panel (in this section referred to as the
`Technical Panel'), which shall report to NTIA
and to the Federal entity, within 30 days after
the plan's submission to NTIA, on the
sufficiency of the plan under this paragraph,
including whether the required public
information is included and whether proposed
timelines and estimated relocation costs,
including costs proposed for expanding the
capabilities of a Federal system in connection
with relocation, are reasonable.
``(C) The Director of OMB, the Administrator of
NTIA, in consultation with the affected Federal
entities, and the Chairman of the Commission shall each
appoint one member to the Technical Panel, and each
such member shall be a radio engineer or technical
expert, or have equivalent qualifications. NTIA shall
adopt regulations to govern the workings of the
Technical Panel after public notice and comment,
subject to OMB approval, and the members of the
Technical Panel shall be appointed, within 180 days of
the date of enactment of the Spectrum Relocation
Improvement Act of 2011. No person shall serve as a
member of the Technical Panel for more than 3 years.
``(D) If any of the information otherwise required
by this paragraph is `classified information,' as that
term is defined in section 798(b) of title 18, United
States Code, the Federal entity's transition plan shall
explain the exclusion of any such information as
specifically as possible, shall make all relevant non-
classified information available in its transition
plan, and shall discuss as a risk factor the extent of
the classified information and the effect on the
relocation process of the classified information.
``(E) NTIA, in consultation with OMB and the
Department of Defense, shall adopt regulations within
180 days of the date of enactment the Spectrum
Relocation Improvement Act of 2011 to ensure
information released publicly for the purpose of this
paragraph contains no sensitive or classified
information.''.
(c) Sharing and Coordination of Spectrum Between Commercial
Licensees and Federal Entities During Relocation Transition.--
(1) Evaluation of shared access.--Section 111 of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 921) is amended--
(A) by striking ``As used'' and inserting the
following:
``(a) In General.--As used''; and
(B) by adding at the end the following:
``(b) Evaluation of Shared Access.--The Commission and the NTIA
shall jointly establish any applicable conditions as are determined
necessary to define the term shared access to include such
considerations as methods of sharing spectrum resources, coordination
between Federal and non-Federal entities, such as commercial licensees,
and/or sharing network infrastructure or other resources.''.
(2) Eligibility for payment of relocation costs.--Section
118 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928) is amended by
adding at the end the following new subsections:
``(f) Eligibility for Payment of Relocation Costs.--
``(1) Spectrum sharing.--To be eligible to receive payment
for relocation costs from the Spectrum Relocation Fund, a
Federal entity shall--
``(A) in its transition plan for relocating its
current spectrum uses, provide--
``(i) to the fullest extent possible, for
sharing and coordination of eligible
frequencies with commercial licensees,
including reasonable accommodation by the
Federal entity for the use of eligible
frequencies by the commercial licensee during
the period that the Federal entity is
relocating its spectrum uses (in this
subsection referred to as the `transition
period'); and
``(ii) a presumption that commercial
licensees shall be able to use eligible
frequencies during the transition period in
geographic areas where the Federal entity does
not utilize those frequencies;
``(B) during the transition period, make itself
available, within 30 days after a written request, for
negotiation and discussion with commercial licensees;
and
``(C) during the transition period, make available
to a commercial licensee with appropriate security
clearances any `classified information' as that term is
defined in section 798(b) of title 18, United States
Code, regarding the relocation process, which will
assist the commercial licensee in the relocation
process with that Federal entity or other Federal
entities.
``(2) Timely and successful completion of relocation.--In
addition to the conditions of paragraph (1), to be eligible to
receive payment for relocation costs from the Spectrum
Relocation Fund, a Federal entity--
``(A) shall complete the relocation of its current
spectrum uses not later than 1 year after the date upon
which funds are transferred to the entity to fund the
relocation;
``(B) may complete the relocation of its current
spectrum use at a time period different that required
under subparagraph (A), if prior to the date the
Technical Panel (as described in section 113(g)(6)(C))
is required to post publicly the Federal entity's
transition plan, the Federal entity receives written
approval from the Office of Management and Budget (in
this section referred to as `OMB'), with the advice of
the Technical Panel; and
``(C) shall make available to NTIA, not later than
15 days prior to the date that is the halfway point of
the time period described in subparagraph (A), a
complete update of its transition plan, provided that
NTIA shall post such update publicly on its Web site
not later than the date that is the halfway point of
the time period described in subparagraph (A).
``(3) Nothing in paragraphs (1) or (2) shall be construed
to adversely affect critical communications related to the
mission of any Federal entity.
``(4) Subject to subsection (d), payments for relocation
costs from the Spectrum Relocation Fund shall be made to an
eligible Federal entity not later than 30 days after the grant
of the first license following the close of the auction.
``(g) Dispute Resolution Process.--
``(1) If, during the spectrum relocation process, a dispute
arises over the execution, timing, or cost of the Federal
entity's transition plan, either the Federal entity or the
affected commercial licensee may seek resolution of the dispute
from a 3-member dispute resolution board, consisting of a
representative of OMB, NTIA, and the Commission, and chaired by
the representative of OMB.
``(2) The dispute resolution board shall meet with
representatives of the Federal entity involved in the dispute
and the commercial licensee together to discuss the dispute.
The dispute resolution board may require the parties to make
written submissions to it. The dispute resolution board shall
rule on any dispute within 30 days after the date that the
dispute was brought before it.
``(3) The dispute resolution board shall be assisted by the
Technical Panel described in section 113(g)(6)(C).
``(4) Subject to OMB approval, NTIA shall adopt regulations
to govern the working of the dispute resolution board and the
role of the Technical Panel after public notice and comment
within 180 days after the date of enactment of the Spectrum
Relocation Improvement Act of 2011.
``(5) Appeals may be taken from decisions of the dispute
resolution board to the United States Court of Appeals for the
District of Columbia Circuit by filing a notice of appeal with
that court within 30 days after the date of such decision. Each
party shall bear its own costs and expenses, including
attorneys' fees, for any litigation to enforce this subsection
or any decision rendered under it.''.
SEC. 3. GAO STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study regarding the National Telecommunications and
Information Administration and other Federal agencies' spectrum
management capabilities, including related staff, mission, and current
budget for the annual spectrum-related efforts of the NTIA and such
other Federal agencies. The study required under this subsection shall
include an analysis of expected funding needs and coordination of
existing resources of the Federal Government, by agency, to prepare for
any future relocation or sharing of currently utilized spectrum.
(b) Submission of Report.--Not later than December 31, 2011, the
Comptroller General of the United States shall submit report on the
study required under subsection (a) to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate. | Spectrum Relocation Improvement Act of 2011 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website (while taking appropriate measures to safeguard classified or sensitive information) detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use.
Requires each federal entity's transition plan to provide certain public information about its spectrum relocation requirements including its: (1) current spectrum use; (2) geographic location of federal facilities or systems, including frequency bands used; (3) steps to be taken to relocate current spectrum uses from eligible frequencies; (4) necessary NTIA interactions; (5) authorized commercial licensee negotiator; (6) plans and timelines for equipment procurement, field-testing, and additional personnel; and (7) relocation process risk factors.
Directs the FCC and the NTIA to jointly establish any necessary applicable conditions to define the term "shared access," including methods of sharing spectrum resources and coordination between federal and nonfederal entities (commercial licensees, and/or sharing network infrastructure or other resources).
Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees.
Requires federal entities to complete spectrum relocation within one year of receiving relocation payments. Sets forth a process for a federal entity to complete such relocation according to an approved alternative time period. | billsum_train |
Create a condensed overview of the following text: SECTION 1. ESTABLISHMENT.
There is established in the Congress an office to be known as the
``Congressional Office for Public Opinion Research and Assessment'',
hereinafter in this Act referred to as the ``Office''.
SEC. 2. OFFICE AND GOVERNING BOARD.
The Office will consist of a nonvoting Director and a Board
comprised of--
(1) 3 Members of the House of Representatives designated by
the majority leader of the House of Representatives;
(2) 3 Members of the House of Representatives designated by
the minority leader of the House of Representatives;
(3) 3 Senators designated by the majority leader of the
Senate; and
(4) 3 Senators designated by the minority leader of the
Senate.
Terms of Board members, methods of appointment, rotation, filling
vacancies, selection of a chairman or vice-chairman, and authorizing
meetings, documents, and expenditures shall be similar to that of the
Office of Technology Assessment. The Board is required to set out
research priorities and methods for choosing research topics. Members
may request the Office to perform research and evaluations subject to
rules set by the Board.
SEC. 3. DIRECTOR AND DEPUTY DIRECTOR.
(a) Director.--The Director of the Office shall be appointed by the
Board and shall serve for a term of 6 years unless sooner removed by
the Board. The Director shall receive basic pay at the rate provided
for level III of the Executive Schedule under section 5314 of title 5,
United States Code. In addition to the powers and duties vested in the
Director by this Act, the Director shall exercise such powers and
duties as may be delegated by the Board.
(b) Deputy Director.--The Director may appoint with the approval of
the Board, a Deputy Director who shall perform such functions as the
Director may prescribe and who shall be Acting Director during the
absence or incapacity of the Director or in the event of a vacancy in
the office of Director. The Deputy Director shall receive basic pay at
the rate provided for level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(c) Limitation.--Neither the Director nor the Deputy Director shall
engage in any other business, vocation, or employment than that of
serving as such Director or Deputy Director, as the case may be; nor
shall the Director or Deputy Director, except with the approval of the
Board, hold any office in, or act in any capacity for, any
organization, agency, or institution with which the Office makes any
contract or other arrangement under this Act.
SEC. 4. AUTHORITY.
(a) In General.--The Office shall have the authority, within the
limits of available appropriations, to do all things necessary to carry
out the provisions of this Act, including but without being limited to
the authority to--
(1) make full use of competent personnel and organizations
outside the Office, public or private, and form special ad hoc
task forces or make other arrangements when appropriate; and
(2) enter into contracts or other arrangements as may be
necessary for the conduct of the work of the Office with any
agency or instrumentality of the United States, with any State,
territory, or possession or any political subdivision thereof,
or with any person, firm or association, corporation, or
educational institution, accept and utilize the services of
voluntary and uncompensated personnel, acquire property of all
kinds necessary for or resulting from the exercise of authority
of this Act, and provide such rules and regulations as it deems
necessary governing its operation and organization.
(b) Personnel.--The Director shall, in accordance with such
policies as the Board shall prescribe, appoint and fix the compensation
of such personnel as may be necessary to carry out the provisions of
this Act.
SEC. 5. ADVISORY COUNCIL.
An Advisory Council will be established by the Board consisting of
individuals who are most knowledgeable of the state-of-the-art of
processes, methods, and needs for informing Congress of the opinions
and values of the public. Membership, duties, provisions for chairman
and vice-chairman, terms, expense allowances and compensation shall be
similar to that of the Technology Assessment Advisory Council of the
Office of Technology Assessment. The Council will advise the Board on
research priorities and methods which are the most promising and cost
effective to pursue and keep itself informed on the state-of-the-art of
opinion research, including such developments as interactive TV,
electronic fora and town meetings, computer network conferencing, and
all methods for enhancing democracy in this and other countries.
SEC. 6. EXPERT PANELS.
An expert, ad hoc panel will be set up by the Director for each
survey to assist in the design and analysis. Members of these panels
will be experts in the issues of the survey and represent a full range
of scientific expertise, approaches, and viewpoints on alternative
courses for dealing with the issue in its various aspects and including
all major policy alternatives. A report will be prepared in a timely
fashion at the conclusion of each survey including a master
questionnaire, containing the questions as asked with frequencies or
percentage responses, and an analysis prepared by the advisory panel
with the assistance of in-house or contractor personnel.
SEC. 7. PUBLIC RELEASE.
The survey report and all other survey data (including the
methodology used and an analysis of the probable accuracy and estimates
of the probable errors both because of sampling error and all other
causes) will be made public in a timely manner to the news media and to
organizations and individuals specializing in public policy or public
opinion. The other survey data will be available in written form as a
data book and in electronic form as complete data discs readable by
personal computers suitable for statistical analysis in standard
fashion and will be provided on request to anyone at a reasonable cost
adequate to cover the full marginal cost of production and
distribution.
SEC. 8. METHODOLOGY.
The surveys will test the degree of public support for alternative
policy proposals when the survey respondents are informed in a fair,
balanced, and accurate manner with relevant facts. The surveys will not
only test support for various policy proposals, but also seek to
determine how important various pieces of information, including
balanced sets of arguments for and against the proposal, turn out to be
in determining that support. Depending on available funds to pay for
the interviewing and analyzing of statistically adequate oversamples,
some surveys will also endeavor to determine statistically significant
differences between the national sample and State or district samples,
particularly in those issue areas where particular regions, States, or
districts are expected to have different opinions because of the nature
of the issue.
SEC. 9. METHODOLOGICAL RESEARCH.
(a) In General.--The surveys will experiment with innovative
technology, hardware, and software, including electronic media, digital
and fiber optics networks, both with independent telephone interviewing
and supplemented by and in conjunction with face-to-face interviewing
and television programming that attempts to create the group
interactivity, issue-defining, agenda-setting and consensus-building of
what has come to be called the electronic town meeting, as any of these
techniques and methodologies show promise of improving the ability of
the Office to accomplish its purposes. The surveys will be designed not
only to obtain the policy views of the public but also--
(1) to test various concepts about how best to design,
formulate, word, and include in the survey as it is spoken,
shown, or read by interviewers, whether from CATI (Computer
Assisted Telephone Interviewing) screens or by other means, the
required factual information and pro and con arguments; and
(2) to determine the direction and degree to which doing
this in different ways affects the results of the surveys.
(b) Sensitivity Analysis Research.--Sensitivity analysis research
will also be performed which will determine the degree to which
imbalance in the amount and quality of factual information and in the
bias created by cuing and permission language affects survey data. Such
research shall be designed to lead to a better understanding of the
affects of question design, menu choices, and implicit or unstated
assumptions or survey researchers.
(c) Interaction Testing.--Surveys will also test the degree of
interaction that works best--i.e., is most informative of the public
position--at different stages in the designers' understanding of the
public view in the issue.
SEC. 10. APPROPRIATION FOR THE OFFICE AND PARTIAL RESCISSION OF
APPROPRIATIONS FOR SENATE AND HOUSE OF REPRESENTATIVES
MAIL COSTS.
(a) Appropriation.--There is appropriated, out of any money in the
Treasury not otherwise appropriated, $10,000,000 for the Congressional
Office for Public Opinion Research and Assessment for fiscal year 1994.
(b) Rescissions.--Of the funds appropriated in the Legislative
Branch Appropriations Act, 1994, for the Senate under the heading
``official mail costs'', there is rescinded the sum of $5,000,000. Of
the funds appropriated in the Legislative Branch Appropriations Act,
1994, for the House of Representatives under the headings ``Salaries
and Expenses'' and ``official mail costs'', there is rescinded the sum
of $5,000,000. | Establishes the Congressional Office for Public Opinion Research and Assessment to set out research priorities and methods for choosing research topics.
Requires the Board of the Office to establish an Advisory Council to advise the Board on research priorities and methods which are the most promising and cost effective to pursue and to keep itself informed on the state-of-the-art of opinion research (including such developments as interactive television, electronic fora and town meetings, computer network conferencing, and all methods for enhancing democracy in this country).
Requires the Director of the Office to set up an expert, ad hoc panel for each survey to assist in design and analysis. Requires a report to be prepared at the conclusion of each survey including a master questionnaire containing the questions as asked, with frequencies or percentage responses and an analysis prepared by the advisory panel with the assistance of in-house or contractor personnel. Requires the survey, along with its data, to be made public to the news media and to organizations and individuals specializing in public policy or opinion.
Makes FY 1994 appropriations for the Office. Rescinds specified appropriations earmarked for official mail costs in the Senate and for such costs, salaries, and expenses earmarked for the House of Representatives for FY 1994. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Number Protection
Act of 2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The inappropriate sale or purchase of Social Security
numbers is a significant factor in a growing range of illegal
activities, including fraud, identity theft, and, in some
cases, stalking and other violent crimes.
(2) While financial institutions, health care providers,
and other entities have often used Social Security numbers to
confirm the identity of an individual, the sale or purchase of
these numbers often facilitates the commission of criminal
activities, and also can result in serious invasions of
individual privacy.
(3) The Federal Government requires virtually every
individual in the United States to obtain and maintain a Social
Security number in order to pay taxes, to qualify for Social
Security benefits, or to seek employment. An unintended
consequence of these requirements is that Social Security
numbers have become tools that can be used to facilitate crime,
fraud, and invasions of the privacy of the individuals to whom
the numbers are assigned. Because the Federal Government
created and maintains this system, and because the Federal
Government does not permit persons to exempt themselves from
those requirements, it is appropriate for the Government to
take steps to stem the abuse of this system.
(4) A Social Security number is simply a sequence of
numbers. In no meaningful sense can the number itself impart
knowledge or ideas. Persons do not sell or transfer such
numbers in order to convey any particularized message, nor to
express to the purchaser any ideas, knowledge, or thoughts.
(5) A Social Security number does not contain, reflect, or
convey any publicly significant information or concern any
public issue. The sale of such numbers in no way facilitates
uninhibited, robust and wide-open public debate; and
restrictions on such sale would not affect public debate.
(6) No one should seek to profit from the sale of Social
Security numbers in circumstances that create a substantial
risk of physical, emotional, or financial harm to the
individuals to whom those numbers are assigned.
(7) Consequently, Congress should enact legislation that
will offer individuals assigned such numbers necessary
protection from the sale and purchase of Social Security
numbers in circumstances that might facilitate unlawful conduct
or that might otherwise likely result in unfair and deceptive
practices.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Person.--The term ``person'' means any individual,
partnership, corporation, trust, estate, cooperative,
association, or any other entity.
(3) Sale.--The term ``sale'' means obtaining, directly or
indirectly, anything of value in exchange for a Social Security
number or Social Security account number. Such term does not
include the submission of such numbers as part of the process
for applying for any type of Government benefit or programs
(such as grant or loan applications or welfare or other public
assistance programs). Such term also does not include transfers
of such numbers as part of a data matching program under the
Computer Matching and Privacy Protection Act.
(4) Purchase.--The term ``purchase'' means providing
directly or indirectly, anything of value in exchange for a
Social Security number or Social Security account number. Such
term does not include the submission of such numbers as part of
the process for applying for any type of Government benefit or
programs (such as grant or loan applications or welfare or
other public assistance programs). Such term also does not
include transfers of such numbers as part of a data matching
program under the Computer Matching and Privacy Protection Act.
(5) Social security number; social security account
number.--The terms ``Social Security number'' and ``Social
Security account number'' have the meaning given those terms in
section 208 of the Social Security Act (42 U.S.C. 408).
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, the United States Virgin Islands,
Guam, American Samoa, and any territory or possession of the
United States.
SEC. 4. REGULATION OF THE SALE AND PURCHASE OF SOCIAL SECURITY NUMBERS
AND SOCIAL SECURITY ACCOUNT NUMBERS.
(a) Prohibition.--It shall be unlawful for any person to sell or
purchase a Social Security number or Social Security account number in
a manner that violates a regulation promulgated by the Commission under
subsection (b) of this section.
(b) Regulations.--
(1) Restrictions authorized.--The Commission, after
consultation with the Commissioner of Social Security, the
Department of Justice, and other agencies as the Commission deems
appropriate, shall promulgate regulations restricting the sale and
purchase of Social Security numbers and Social Security account numbers
and any unfair or deceptive acts or practices in connection with the
sale and purchase of Social Security numbers and Social Security
account numbers.
(2) Limitations on restrictions.--In promulgating such
regulations, the Commission shall impose restrictions and
conditions on the sale and purchase of Social Security numbers
and Social Security account numbers that are no broader than
necessary--
(A) to provide reasonable assurance that Social
Security numbers and Social Security account numbers
will not be used to commit or facilitate fraud,
deception, or crime; and
(B) to prevent an undue risk of bodily, emotional,
or financial harm to individuals.
For purposes of subparagraph (B), the Commission shall consider
the nature, likelihood and severity of the anticipated harm;
the nature, likelihood and extent of any benefits that could be
realized from the sale or purchase of the numbers; and any
other relevant factors.
(3) Exceptions.--The regulations promulgated pursuant to
paragraph (1) shall include exceptions which permit the sale
and purchase of Social Security numbers and Social Security
account numbers--
(A) to the extent necessary for law enforcement or
national security purposes;
(B) to the extent necessary for public health
purposes;
(C) to the extent necessary in emergency situations
to protect the health or safety of 1 or more
individuals;
(D) to the extent necessary for research conducted
for the purpose of advancing public knowledge, on the
condition that the researcher provides adequate
assurances that--
(i) the Social Security numbers or Social
Security account numbers will not be used to
harass, target, or publicly reveal information
concerning any identifiable individuals;
(ii) information about identifiable
individuals obtained from the research will not
to be used to make decisions that directly
affect the rights, benefits, or privileges of
specific individuals; and
(iii) the researcher has in place
appropriate safeguards to protect the privacy
and confidentiality of any information about
identifiable individuals;
(E) to the extent consistent with an individual's
voluntary and affirmative written consent to the sale
or purchase of a Social Security number or Social
Security account number that has been assigned to that
individual; and
(F) under other appropriate circumstances as the
Commission may determine and as are consistent with the
findings in section 2 and the principles in paragraph
(2).
(c) Rulemaking.--
(1) Deadline for action.--Not later than 1 year after the
date of enactment of this Act, the Commission shall promulgate
the regulations under subsection (b) of this section, in
accordance with section 553 of title 5, United States Code.
(2) Effective dates.--Subsection (a), the regulations
promulgated under subsection (b), and section 5 shall take
effect 30 days after the date on which the final regulations
issued under this section are published in the Federal
Register.
(d) Enforcement.--Any violation of a regulation promulgated under
subsection (b) of this section shall be treated as a violation of a
regulation under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(e) Administration and Applicability of Act.--
(1) The commission.--The Commission shall prevent any
person from violating this section, and any regulation
promulgated thereunder, in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though
all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this Act. Any person who violates such
regulation shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this Act. Nothing contained in this Act shall be construed to
limit the authority of the Commission under any other provision
of law.
(2) Actions by states.--
(A) Civil actions.--In any case in which the
attorney general of a State has reason to believe that
an interest of the residents of that State has been or
is threatened or adversely affected by an act or
practice that violates any regulation of the Commission
promulgated under subsection (b), the State, as parens
patriae, may bring a civil action on behalf of the
residents of the State in a district court of the
United States of appropriate jurisdiction, to--
(i) enjoin that act or practice;
(ii) enforce compliance with the
regulation;
(iii) obtain damages, restitution, or other
compensation on behalf of residents of the
State; or
(iv) obtain such other legal and equitable
relief as the district court may consider to be
appropriate.
Before filing an action under this subsection, the
attorney general of the State involved shall provide to
the Commission and to the Attorney General a written notice of that
action and a copy of the complaint for that action. If the State
attorney general determines that it is not feasible to provide the
notice described in this subparagraph before the filing of the action,
the State attorney general shall provide the written notice and the
copy of the complaint to the Commission and to the Attorney General as
soon after the filing of the complaint as practicable.
(B) Commission and attorney general authority.--On
receiving notice under subparagraph (A), the Commission
and the Attorney General each shall have the right--
(i) to move to stay the action, pending the
final disposition of a pending Federal matter
as described in subparagraph (C);
(ii) to intervene in an action under clause
(i);
(iii) upon so intervening, to be heard on
all matters arising therein; and
(iv) to file petitions for appeal.
(C) Pending criminal proceedings.--If the Attorney
General has instituted a criminal proceeding or the
Federal Trade Commission has instituted a civil action
for a violation of this Act or any regulations
thereunder, no State may, during the pendency of such
proceeding or action, bring an action under this
section against any defendant named in the criminal
proceeding or civil action for any violation of this
section that is alleged in that proceeding or action.
(D) Rule of construction.--For purposes of bringing
any civil action under subparagraph (A), nothing in
this Act shall be construed to prevent an attorney
general of a State from exercising the powers conferred
on the attorney general by the laws of that State to
conduct investigations, administer oaths and
affirmations, or compel the attendance of witnesses or
the production of documentary and other evidence.
(E) Venue; service of process.--Any action brought
under this section may be brought in any district court
of the United States that meets applicable requirements
relating to venue under section 1391 of title 28,
United States Code. In an action brought under this
section, process may be served in any district in which
the defendant is an inhabitant or may be found. | Social Security Number Protection Act of 2002 - Provides for the regulation of the sale and purchase of Social Security numbers and Social Security account numbers.Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to establish criminal penalties for sales and purchases of the Social Security number and Social Security account number of any person in violation of the laws of the United States. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baseline Reform Act of 2015''.
SEC. 2. CHANGES IN THE BASELINE.
Section 257(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 907(c)) is amended--
(1) in the second sentence of paragraph (1), by striking
all that follows ``current year,'' and inserting ``excluding
resources designated as an emergency requirement and any
resources provided in supplemental appropriation laws.'';
(2) by striking paragraphs (2), (3), (4), and (5);
(3) by redesignating paragraph (6) as paragraph (2); and
(4) by inserting after paragraph (2), as so redesignated,
the following:
``(3) No adjustment for inflation.--No adjustment shall be
made for inflation or for any other factor.''.
SEC. 3. THE PRESIDENT'S BUDGET.
(a) Expenditures and Appropriations.--Section 1105(a)(5) of title
31, United States Code, is amended to read as follows:
``(5) except as provided in subsection (b), estimated
expenditures and appropriations for the current year and
estimated expenditures and proposed appropriations the
President decides are necessary to support the Government in
the fiscal year for which the budget is submitted and at least
the 4 fiscal years following that year, and, except for
detailed budget estimates, the percentage change from the
current year to the fiscal year for which the budget is
submitted for estimated expenditures and for appropriations.''.
(b) Receipts.--Section 1105(a)(6) of title 31, United States Code,
is amended to read as follows:
``(6)(A) estimated receipts of the Government in the
current year and the fiscal year for which the budget is
submitted and at least the 4 fiscal years after that year
under--
``(i) laws in effect when the budget is submitted;
and
``(ii) proposals in the budget to increase
revenues; and
``(B) the percentage change (in the case of each category
referred to in clauses (i) and (ii) of subparagraph (A))
between the current year and the fiscal year for which the
budget is submitted and between the current year and each of
the 9 fiscal years after the fiscal year for which the budget
is submitted.''.
(c) Legislative Proposals.--Section 1105(a)(12) of title 31, United
States Code, is amended to read as follows:
``(12) for each proposal in the budget for legislation that
establishes or expands a Government activity or function a
table showing--
``(A)(i) the amount proposed in the budget for
appropriation and for expenditure because of the
proposal in the fiscal year for which the budget is
submitted;
``(ii) the estimated appropriation required because
of the proposal for each of at least the 4 fiscal years
after that year that the proposal will be in effect;
and
``(iii) the estimated amount for the same activity
or function, if any, in the current fiscal year; and
``(B) except for detailed budget estimates, the
percentage change (in the case of each category
referred to in clauses (i), (ii), and (iii) of
subparagraph (A)) between the current year and the
fiscal year for which the budget is submitted.''.
(d) Comparisons.--Section 1105(a)(18) of title 31, United States
Code, is amended by inserting ``new budget authority and'' before
``budget outlays''.
(e) Expenditures and Tables.--Section 1105(a) of title 31, United
States Code, is amended--
(1) by redesignating the second paragraph (37) (relating to
a list of plans and reports) as paragraph (39); and
(2) by adding at the end the following:
``(40) a comparison of levels of estimated expenditures and
proposed appropriations for each function and subfunction in
the current fiscal year and the fiscal year for which the
budget is submitted, along with the proposed increase or
decrease of spending in percentage terms for each function and
subfunction.
``(41) a table on sources of growth in total direct
spending under current law and as proposed in the budget
submission for the budget year and at least the ensuing 9
fiscal years, which shall include changes in outlays
attributable to--
``(A) cost-of-living adjustments;
``(B) changes in the number of program recipients;
``(C) increases in medical care prices, utilization
and intensity of medical care; and
``(D) residual factors.''.
(f) Current Programs.--Section 1109(a) of title 31, United States
Code, is amended by inserting after the first sentence the following:
``For discretionary spending, these estimates shall assume the levels
no higher than those set forth in the discretionary spending limits
under section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(c)), as adjusted, for the appropriate
fiscal years (and if no such limits are in effect, these estimates
shall assume adjusted levels no higher than those for the most recent
fiscal year for which such levels were in effect).''.
SEC. 4. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 (2 U.S.C.
632(e)) is amended--
(1) in paragraph (1), by adding at the end the following:
``The basis of deliberations in developing such joint
resolution shall be the estimated budgetary levels for the
preceding fiscal year. Any budgetary levels pending before the
committee and the text of the joint resolution shall be
accompanied by a document comparing such levels or such text to
the estimated levels of the prior fiscal year.''; and
(2) in paragraph (2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) a comparison of levels for the current fiscal
year with proposed spending and revenue levels for the
subsequent fiscal years and the proposed increase or
decrease of spending in percentage terms for each
function.''.
SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) Comparable Levels.--Section 202(e)(1) of the Congressional
Budget Act of 1974 (2 U.S.C. 602(e)(1)) is amended in the first
sentence by inserting ``compared to comparable levels for the current
year'' before the comma at the end of subparagraph (A) and before the
comma at the end of subparagraph (B).
(b) Sources of Spending Growth.--Section 202(e)(1) of the
Congressional Budget Act of 1974 (2 U.S.C. 602(e)(1)) is amended by
inserting after the first sentence the following: ``Such report shall
also include a table on sources of spending growth in total direct
spending, revenue, deficit, and debt for the budget year and the
ensuing 4 fiscal years, which shall include changes in outlays
attributable to (A) cost-of-living adjustments, (B) changes in the
number of program recipients, (C) increases in medical care prices,
utilization and intensity of medical care, and (D) residual factors.''.
(c) Comparison of Levels.--Section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (2 U.S.C. 639(a)(1)(B)) is amended by
inserting ``and shall include a comparison of those levels to
comparable levels for the current fiscal year'' before ``, if timely
submitted''. | Baseline Reform Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to change the assumptions used in calculating the baseline for discretionary spending and to require budget estimates to be compared with the levels from the prior year. The baseline is a projection of federal spending and receipts during the fiscal year under current law. This bill changes the assumptions used for the discretionary spending baseline to eliminate adjustments required under current law for inflation, expiring housing contracts, social insurance administrative expenses, pay adjustments, and changes to other personnel benefits. The bill prohibits adjustments for inflation or any other factor. The President's budget must include: (1) comparisons of the proposed budgetary levels with the prior year's levels, (2) the sources of growth in direct spending under current law and as proposed in the budget, and (3) estimates of discretionary spending for current programs that assume compliance with discretionary spending limits under current law. The congressional budget committees must use budgetary levels from the prior fiscal year as the basis for deliberations in developing the congressional budget resolution and include comparisons with the prior fiscal year in the report accompanying the resolution. The Congressional Budget Office must include additional details in required reports to Congress, including comparisons to the prior year and the sources of growth in spending. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Enhancement, Economic
Redevelopment, and Reauthorization Act of 2017''.
SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERNMENTAL ENTITIES.
Section 101(20)(D) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)(D)) is
amended by striking ``ownership or control'' and all that follows
through ``by virtue'' and inserting ``ownership or control through
seizure or otherwise in connection with law enforcement activity, or
through bankruptcy, tax delinquency, abandonment, or other
circumstances in which the government acquires title by virtue''.
SEC. 3. PETROLEUM BROWNFIELD ENHANCEMENT.
Section 101(39)(D)(ii)(II) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as
follows:
``(bb) is a site for which there is no
viable responsible party and that is determined
by the Administrator or the State, as
appropriate, to be a site that will be
assessed, investigated, or cleaned up by a
person that is not potentially liable for
cleaning up the site under this Act or any
other law pertaining to the cleanup of
petroleum products; and''.
SEC. 4. CLARIFICATION OF LEASEHOLDER INTEREST.
Section 101(40) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(40)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``(or a tenant of a person) that acquires ownership of'' and
inserting ``who acquires ownership of, or a leasehold interest
in,'';
(2) in subparagraph (A), by inserting ``or the leasehold
interest in the facility'' before the period at the end;
(3) in subparagraph (B)--
(A) in clause (ii), by inserting ``with respect to
a person who acquires ownership of a facility. The
Administrator shall establish standards and practices
with respect to a person who acquires a leasehold
interest in a facility'' before the period at the end;
and
(B) in clause (iii), by inserting ``, or
acquisition of a leasehold interest,'' after ``time of
purchase'';
(4) in subparagraph (H)(i)(II), by inserting ``, by the
instruments by which the leasehold interest in the facility is
acquired after January 11, 2002,'' after ``financed''; and
(5) by adding at the end the following:
``(I) Leaseholders.--In the case of a person
holding a leasehold interest in a facility--
``(i) the leasehold interest in the
facility--
``(I) is for a term of not less
than 5 years; and
``(II) grants the person control
of, and access to, the facility; and
``(ii) the person is responsible for the
management of all hazardous substances at the
facility.''.
SEC. 5. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.
(a) Nonprofit Organizations.--Section 104(k)(1) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(k)(1)) is amended--
(1) in subparagraph (G), by striking ``or'' after the
semicolon;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(I) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code;
``(J) a limited liability corporation in which all
managing members are organizations described in
subparagraph (I) or limited liability corporations
whose sole members are organizations described in
subparagraph (I);
``(K) a limited partnership in which all general
partners are organizations described in subparagraph
(I) or limited liability corporations whose sole
members are organizations described in subparagraph
(I); or
``(L) a qualified community development entity (as
defined in section 45D(c)(1) of the Internal Revenue
Code of 1986).''.
(b) Conforming Amendments.--Section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii)--
(i) by striking ``or nonprofit
organizations''; and
(ii) by striking ``entity or organization''
and inserting ``eligible entity''; and
(B) in subparagraph (B)(ii)--
(i) by striking ``or other nonprofit
organization''; and
(ii) by striking ``or nonprofit
organization''; and
(2) in paragraph (6)(A), by striking ``or nonprofit
organizations''.
SEC. 6. TREATMENT OF PUBLICLY OWNED BROWNFIELD SITES.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Exemption for certain publicly owned
brownfield sites.--Notwithstanding any other provision
of law, an eligible entity described in any of
subparagraphs (A) through (H) of paragraph (1) may
receive a grant under this paragraph for property
acquired by that eligible entity prior to January 11,
2002, even if such eligible entity does not qualify as
a bona fide prospective purchaser, so long as the
eligible entity has not caused or contributed to a
release or threatened release of a hazardous substance
at the property.'';
(2) in paragraph (3), by adding at the end the following:
``(E) Exemption for certain publicly owned
brownfield sites.--Notwithstanding any other provision
of law, an eligible entity described in any of
subparagraphs (A) through (H) of paragraph (1) may
receive a grant or loan under this paragraph for
property acquired by that eligible entity prior to
January 11, 2002, even if such eligible entity does not
qualify as a bona fide prospective purchaser, so long
as the eligible entity has not caused or contributed to
a release or threatened release of a hazardous
substance at the property.''; and
(3) in paragraph (4)(B)(iii)--
(A) by striking ``up to 25 percent of the''; and
(B) by inserting ``described in any of
subparagraphs (A) through (H) of paragraph (1)'' after
``eligible entities''.
SEC. 7. REMEDIATION GRANT ENHANCEMENT.
Section 104(k)(3)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to
be remediated'' and inserting ``$500,000 for each site to be
remediated, which limit may be waived by the Administrator, but not to
exceed a total of $750,000 for each site, based on the anticipated
level of contamination, size, or ownership status of the site''.
SEC. 8. MULTIPURPOSE BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(2) in paragraph (3)(A), by striking ``Subject to
paragraphs (4) and (5)'' and inserting ``Subject to paragraphs
(5) and (6)'';
(3) by inserting after paragraph (3) the following:
``(4) Multipurpose brownfields grants.--
``(A) In general.--Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall
establish a program to provide multipurpose grants to
an eligible entity based on the criteria under
subparagraph (C) and the considerations under paragraph
(3)(C), to carry out inventory, characterization,
assessment, planning, or remediation activities at 1 or
more brownfield sites in an area proposed by the
eligible entity.
``(B) Grant amounts.--
``(i) Individual grant amounts.--Each grant
awarded under this paragraph shall not exceed
$1,000,000.
``(ii) Cumulative grant amounts.--The total
amount of grants awarded for each fiscal year
under this paragraph may not exceed 15 percent
of the amounts made available for the fiscal
year to carry out this subsection.
``(C) Criteria.--In awarding a grant under this
paragraph, the Administrator shall consider the extent
to which the eligible entity is able--
``(i) to provide an overall plan for
revitalization of the 1 or more brownfield
sites in the proposed area in which the
multipurpose grant will be used;
``(ii) to demonstrate a capacity to conduct
the range of activities that will be funded by
the multipurpose grant; and
``(iii) to demonstrate that a multipurpose
grant will meet the needs of the 1 or more
brownfield sites in the proposed area.
``(D) Condition.--As a condition of receiving a
grant under this paragraph, each eligible entity shall
expend the full amount of the grant not later than the
date that is 5 years after the date on which the grant
is awarded to the eligible entity, unless the
Administrator provides an extension.
``(E) Ownership.--An eligible entity that receives
a grant under this paragraph may not expend any of the
grant funds on remediation of a brownfield site until
such time as the eligible entity owns the brownfield
site.''; and
(4) by striking ``(2) or (3)'' each place it appears and
inserting ``(2), (3), or (4)''.
SEC. 9. ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.
Paragraph (5) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 8 of this Act) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by striking subclause (III); and
(ii) by redesignating subclauses (IV) and
(V) as subclauses (III) and (IV), respectively;
(B) by striking clause (ii);
(C) by redesignating clause (iii) as clause (ii);
and
(D) in clause (ii) (as redesignated by subparagraph
(C) of this paragraph), by striking ``Notwithstanding
clause (i)(IV)'' and inserting ``Notwithstanding clause
(i)(III)''; and
(2) by adding at the end the following:
``(E) Administrative costs.--
``(i) In general.--An eligible entity may
use up to 5 percent of the amounts made
available under a grant or loan under this
subsection for administrative costs.
``(ii) Restriction.--For purposes of clause
(i), the term `administrative costs' does not
include--
``(I) investigation and
identification of the extent of
contamination of a brownfield site;
``(II) design and performance of a
response action; or
``(III) monitoring of a natural
resource.''.
SEC. 10. RENEWABLE ENERGY ON BROWNFIELD SITES.
Paragraph (6) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 8 of this Act) is amended by adding at the
end of subparagraph (C) the following:
``(xi) The extent to which a grant would
facilitate the production of renewable energy
on the site.''.
SEC. 11. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.
(a) In General.--Section 128(a)(1)(B) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9628(a)(1)(B)) is amended--
(1) in clause (ii)--
(A) in subclause (I), by striking ``; or'' and
inserting a semicolon;
(B) in subclause (II), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(III) assist small communities,
Indian tribes, rural areas, or
disadvantaged areas in carrying out
activities described in section
104(k)(7)(A) with respect to brownfield
sites.''; and
(2) by adding at the end the following:
``(iii) Small communities, indian tribes,
rural areas, and disadvantaged areas.--
``(I) In general.--To make grants
to States or Indian tribes under clause
(ii)(III), the Administrator may use
not more than $1,500,000 of the amounts
made available to carry out section
104(k)(7) in each fiscal year.
``(II) Limitation.--Each grant made
under subclause (I) may be not more
than $20,000.
``(iv) Definitions.--In this subparagraph:
``(I) Disadvantaged area.--The term
`disadvantaged area' means a community
with an annual median household income
that is less than 2/3 of the statewide
annual median household income, as
determined by the President based on
the latest available decennial census.
``(II) Small community.--The term
`small community' means a community
with a population of not more than
10,000 individuals, as determined by
the President based on the latest
available decennial census.''.
(b) Conforming Amendment.--Section 104(g)(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(g)(1)) is amended by inserting ``or section
128(a)(1)(B)(ii)(III)'' after ``under this section''.
SEC. 12. BROWNFIELDS FUNDING.
Paragraph (13) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 8 of this Act) is amended to read as
follows:
``(13) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$200,000,000 for each of fiscal years 2018 through 2022.''.
SEC. 13. STATE RESPONSE PROGRAM FUNDING.
Section 128(a)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is
amended to read as follows:
``(3) Funding.--There is authorized to be appropriated to
carry out this subsection $50,000,000 for each of fiscal years
2018 through 2022.''.
Passed the House of Representatives November 30, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017 (Sec. 2) This bill modifies the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to specify if a state or local government takes title to a brownfield site as a result of law enforcement activity, that government is not an owner or operator for the purposes of CERCLA. (Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) (Sec. 3) The bill modifies brownfield program eligibility with respect to petroleum sites where no viable responsible party exists. Specifically, it eliminates the requirement that sites be of relatively low risk. (Sec. 4) The bill revises leaseholder status regarding bona fide prospective purchasers. (Sec. 5) The bill expands CERCLA eligibility for nonprofit organizations and qualified community development entities. (Sec. 6) The brownfield site characterization and assessment grant program and the brownfield remediation grant and loan program are revised by authorizing eligible governmental entities to receive grants and loans for property that was acquired before January 11, 2002, even if the entities do not qualify as bona fide prospective purchasers. (Sec. 7) The bill increases the cap on the amount that may be given in grants and loans for each site to be remediated. (Sec. 8) The Environmental Protection Agency (EPA) must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites. (Sec. 9) The bill allows grant recipients to use up to 5% of funds for administrative costs. (Sec. 10) The EPA must consider the production of renewable energy on brownfield sites as part of the grant application ranking process. (Sec. 11) The EPA is allowed to provide grants to assist small communities, Indian tribes, rural areas, or disadvantaged areas for the purpose of establishing a brownfields program. (Sec. 12) The bill reauthorizes brownfields revitalization funding through FY2022. (Sec. 13) The bill reauthorizes state response programs through FY2022. | billsum_train |
Make a brief summary of the following text: SECTION 1. AUTHORIZATION AND DETERMINATION OF BENEFITS FOR AFFECTED
PARTICIPANTS.
(a) Authorization for Payment to Affected Participants.--To the
extent provided in advance in appropriations Acts, the Secretary of
Energy (referred to in this Act as the ``Secretary'')--
(1) shall establish a program under which the Secretary
shall pay any affected participant described in subsection (b)
a one-time lump sum payment in an amount to be determined by
the Secretary under subsection (c); and
(2) may contract for the procurement of information
necessary to enable the Secretary to effectively carry out the
provisions of this section.
(b) Affected Participant.--For the purposes of this section, an
affected participant is a person described under section 3110(a)(6)(B)
of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(6)(B)).
(c) Determination of Payment for Affected Participants.--
(1) In general.--The Secretary shall pay an affected
participant, pursuant to an application timely filed by such
participant, a one-time lump sum payment equal to an amount
which bears the same ratio to the total recoverable amount
described in paragraph (2) as the actuarial present value of
the accrued benefits of the affected participant under the
pension plan from which a transfer of plan assets and
liabilities required under section 3110(a)(2) of the USEC
Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made (as of
immediately before the transfer) bears to the actuarial present
value of the accrued benefits of all affected participants
under the pension plan from which the transfer under such
section was made (as of immediately before the transfer).
(2) Total recoverable amount.--For purposes of this
subsection, the total recoverable amount is an amount equal to
the excess of--
(A) the present value of benefits that would have
been accrued or accruable by all affected participants
under the pension plan from which the transfer under
section 3110(a)(2) of the USEC Privatization Act was
made if such transfer had not occurred and if benefit
increases had occurred, in connection with the
transferred liabilities, under such plan equivalent to
benefit increases that have occurred under such plan in
connection with the other liabilities under such plan,
over
(B) the present value of benefits accrued or
accruable by all such affected participants under the
pension plan to which the transfer under section
3110(a)(2) of the USEC Privatization Act (42 U.S.C.
2297h-8(a)(2)) was made.
(3) Considerations.--In determining a payment under this
section, the Secretary shall consider, with respect to the
pension plan from which the transfer under section 3110(a)(2)
of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was
made and the pension plan to which such transfer was made,
benefits accrued as of the date of enactment of this Act and
accruable through attainment of normal retirement age, assuming
continued service under the plan until attainment of such age
and the same rate of basic pay subject to increases reflective
of reasonably anticipated increases in the cost of living.
(4) Successor plans.--For the purposes of paragraphs (2)
and (3), any reference to the pension plan from which the
transfer under section 3110(a)(2) of the USEC Privatization Act
(42 U.S.C. 2297h-8(a)(2)) was made shall include a reference to
any successor to such plan (other than the pension plan to
which the transfer required by such section was made) if such
successor plan received assets in excess of the actuarial
present value of accrued benefits under such plan upon
succession.
(d) Pro Rata Reduction of Payment.--The Secretary shall provide for
pro rata reductions in payment amounts determined by the Secretary
under subsection (c) to affected participants described in subsection
(b) to the extent necessary to adjust for amounts provided in
appropriation Acts for purposes of the program under subsection (a).
(e) Determination of Findings of Fact.--The Secretary may make
findings of facts and decisions as to the rights of any affected
participant applying for a payment under this section.
(f) Rulemaking.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall issue regulations to carry out this
section. Such regulations shall provide a requirement for applicants
for payments under this section to consent to the release of any
information requested by the Secretary.
(g) Public Notice.--To the extent practicable, the Secretary shall
provide notice to individuals who may be eligible to receive a payment
under this section.
(h) Application for Payment.--To be eligible for a payment under
this section, an affected participant shall prepare and submit to the
Secretary an application--
(1) not later than 240 days after the date of enactment of
this Act;
(2) in such manner; and
(3) containing such information as the Secretary requires.
(i) Timely Payments.--To the extent practicable, the Secretary
shall determine and make a payment to an affected participant not later
than 180 days after such participant's submission of an application for
payment under subsection (h).
(j) Hearing and Judicial Review.--
(1) Hearing.--
(A) In general.--Upon request by any affected
participant applying for a payment under this section,
who makes a showing in writing that such participant's
rights may have been prejudiced by any decision the
Secretary has rendered, the Secretary shall give such
participant reasonable notice and opportunity for a
hearing with respect to such decision, and, if a
hearing is held, shall, on the basis of evidence
adduced at the hearing, affirm, modify, or reverse the
Secretary's findings of fact and such decision.
(B) Request for hearing.--Any request for a hearing
under this subsection must be filed within 60 days
after notice of a decision by the Secretary is received
by the affected participant making such a request.
(C) Secretary.--The Secretary is further
authorized, on the Secretary's own motion, to hold such
hearings and to conduct such investigations and other
proceedings as the Secretary may deem necessary or
proper for the administration of this section.
(2) Judicial review.--
(A) In general.--Any affected participant, after
any final decision of the Secretary made after a
hearing to which such participant was a party,
irrespective of the amount in controversy, may obtain a
review of such decision by a civil action commenced
within 60 days after the mailing to such participant of
notice of such decision or within such further time as
the Secretary may allow.
(B) Jurisdiction and venue.--An action under this
section shall be brought in the district court of the
United States for the judicial district in which the
affected participant plaintiff resides, or where such
plaintiff has a principal place of business, or, if
such plaintiff does not reside or have a principal
place of business within any such judicial district, in
the United States District Court for the District of
Columbia.
(C) Judicial determination.--The court shall have
power to enter, upon the pleadings and transcript of
the record, a judgment affirming, modifying, or
reversing the decision of the Secretary, with or
without remanding the cause for a rehearing.
(D) Final judgment.--The judgment of the court
shall be final, except that it shall be subject to
review in the same manner as a judgment in other civil
actions.
(E) Change in secretary.--Any action instituted in
accordance with this section shall survive
notwithstanding any change in the person occupying the
office of Secretary or any vacancy in such office.
(k) Secretary's Responsibility; No Third Party Liability.--
(1) Secretary's responsibility.--The Secretary shall be
responsible for all payments and costs under this section and
for answering questions relating to the implementation of this
section for affected participants and applicants for payment.
In no event shall the current or former employer of an affected
participant or applicant be responsible for providing
communication, making payments, reporting payments, answering
questions, or providing calculations.
(2) No third party liability.--Nothing in this section
shall be deemed to impose any liability or cost, or authorize
any claim against the operator of the Department of Energy's
uranium enrichment facility in Paducah, Kentucky, or against
any person or entity other than the Secretary.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such amounts as necessary to carry out
this section. | Directs the Secretary of Energy to establish a program for paying certain affected participants a one-time lump sum payment.
Defines affected participants as persons who retired from active employment at one of the gaseous diffusion plants of the United States Enrichment Corporation (USEC), or are employed by USEC's operating contractor, on or before its privatization date as vested participants in a pension plan maintained either by USEC's operating contractor or by a contractor employed prior to July 1, 1993, by the Department of Energy to operate a gaseous diffusion plant.
Prescribes a formula for the determination of such payments, based on the total recoverable amount of accrued pension benefits. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Water Protection Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes contain \1/5\ of the world's fresh
water supply;
(2) the Great Lakes basin is home to over 33,000,000 people
and is a vital source of safe drinking water for millions of
people;
(3) the Great Lakes support many wetlands, sand dunes, and
other fragile coastal habitats;
(4) those coastal habitats are home to many endangered and
threatened wildlife and plant species, including the piping
plover, Pitcher's thistle, and the dwarf lake iris;
(5) the Great Lakes are crucial to the economies of the
Great Lakes States for recreation, commercial shipping, and
industrial and agriculture uses; and
(6) oil and gas development beneath the water in any of the
Great Lakes could--
(A) expose a valuable fresh water supply of the
United States to serious contamination; and
(B) cause serious environmental damage to the water
and shoreline of the Great Lakes.
SEC. 3. EFFECTS OF OIL AND GAS DEVELOPMENT ON THE GREAT LAKES.
The Federal Water Pollution Control Act is amended by inserting
after section 108 (33 U.S.C. 1258) the following:
``SEC. 108A. EFFECTS OF OIL AND GAS DEVELOPMENT ON THE GREAT LAKES.
``(a) Definitions.--In this section:
``(1) Academy.--The term `Academy' means the National
Academy of Sciences.
``(2) Drilling activity.--
``(A) In general.--The term `drilling activity'
means any drilling to extract oil or gas from land
beneath the water in any of the Great Lakes.
``(B) Inclusions.--The term `drilling activity'
includes--
``(i) directional drilling (also known as
`slant drilling'); and
``(ii) offshore drilling.
``(3) Great lake.--The term `Great Lake' means--
``(A) Lake Erie;
``(B) Lake Huron (including Lake Saint Clair);
``(C) Lake Michigan;
``(D) Lake Ontario (including the Saint Lawrence
River from Lake Ontario to the 45th parallel of
latitude); and
``(E) Lake Superior.
``(4) Great lakes state.--The term `Great Lakes State'
means each of the States of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.
``(b) Incentives To Prevent Drilling Activity.--
``(1) In general.--To be eligible to receive an incentive
grant under paragraph (2), a grant under section 601(a), or a
grant under section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12), a Great Lakes State shall not issue any oil or
gas permit or lease for drilling activity.
``(2) Incentive grants.--
``(A) In general.--For each fiscal year or portion
of a fiscal year in which paragraph (1) is in effect,
the Secretary of the Interior shall make grants to
Great Lakes States.
``(B) Use of grants.--A Great Lakes State shall use
a grant under this paragraph to carry out conservation
activities in the State, including activities to
conserve parkland and protect shores.
``(C) Amount of grants.--For each fiscal year or
portion of a fiscal year, the amount of a grant to a
Great Lakes State under subparagraph (A) shall be equal
to the product obtained by multiplying--
``(i) the amount available for grants under
this paragraph for the fiscal year or portion
of a fiscal year; and
``(ii) the ratio that--
``(I) the amount of funds that the
Great Lakes State would have received,
but for paragraph (1), from the sale of
oil and gas from the Great Lakes during
the fiscal year; bears to
``(II) the amount of funds that all
Great Lakes States would have received,
but for paragraph (1), from the sale of
oil and gas from the Great Lakes during
the fiscal year.
``(D) Maximum amount of grants.--For each fiscal
year, the Secretary of the Interior may make grants
under this paragraph in an aggregate amount not to
exceed $50,000,000.
``(c) Study.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall conduct a
study to examine the known and potential environmental effects
of drilling activity, including any effects on--
``(A) water quality (including the quality of
drinking water);
``(B) the sediments and shorelines of the Great
Lakes;
``(C) fish and other aquatic species, plants, and
wildlife that are dependent on Great Lakes resources;
``(D) competing uses of water and shoreline areas
of the Great Lakes; and
``(E) public health of local communities.
``(2) Consultation.--In designing and conducting the study,
the Administrator shall consult with--
``(A) the Secretary of Energy;
``(B) the Administrator of the National Oceanic and
Atmospheric Administration;
``(C) the Chief of Engineers;
``(D) the Great Lakes States; and
``(E) as appropriate, representatives of
environmental, industry, academic, scientific, public
health, and other relevant organizations.
``(3) Independent review.--Not later than 180 days after
the date of enactment of this section, the Administrator shall
enter into an agreement with the Academy under which the
Administrator shall submit to the Academy, and the Academy
shall review, the results of the study.
``(4) Report.--Not later than 1 year after the date of
submission to the Academy of the study under paragraph (3), the
Academy shall submit to the Administrator and Congress--
``(A) the study; and
``(B) a report that describes the results of the
review by the Academy (including any recommendations
concerning the results of the study).
``(5) Action by congress.--It is the sense of Congress
that, after receiving the study and report under paragraph (4),
Congress should--
``(A) review the study and report;
``(B) conduct hearings concerning the impact of
drilling activity; and
``(C) determine whether to eliminate the condition
under subsection (b)(1).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''. | Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act to allow a Great Lakes State to receive an incentive grant under this Act to carry out conservation activities or a grant under the Safe Drinking Water Act to establish a State revolving loan fund only if the State does not issue any oil or gas permit or lease for drilling to extract oil or gas from land beneath the water in any of the Great Lakes.Requires the Administrator of the Environmental Protection Agency to study the environmental effects of such drilling activity and submit the results of the study to the National Academy of Sciences for review.Expresses the sense of Congress with respect to action upon receipt of the study. | billsum_train |
Create a condensed overview of the following text: SECTION 1. FINDINGS.
Congress finds that--
(1) born in 1928 in Latrobe, Pennsylvania, Fred McFeely
Rogers, was raised in an environment where education was highly
valued, and which fostered an active imagination;
(2) Fred Rogers earned his bachelor's degree in music
composition at Rollins College in Winter Park, Florida in 1951;
(3) upon graduation, he was hired by NBC television in New
York as an assistant producer for ``The Voice of Firestone'',
and later as floor director for ``The Lucky Strike Hit
Parade'', ``The Kate Smith Hour'', and the ``NBC Opera
Theatre'';
(4) Fred Rogers later studied child development at the
University of Pittsburgh, attended Pittsburgh Theological
Seminary, and was ordained as a Presbyterian minister;
(5) in 1953, Fred Rogers began production of the television
program ``The Children's Corner'', one of his first efforts as
a producer, which was a live, daily, hour-long variety show
that incorporated his talents as a musician and puppeteer;
(6) in 1955, ``The Children's Corner'' won the Sylvania
Award for the best locally produced children's program in the
country;
(7) it was on this program that Fred Rogers developed and
first introduced us to his puppet characters, such as King
Friday XIII, Daniel Striped Tiger, X the Owl, Henrietta
Pussycat, and Lady Elaine Fairchilde;
(8) Fred Rogers produced ``Mister Rogers' Neighborhood'',
and hosted the show on the Public Broadcasting Service (PBS)
from 1968 until the airing of the final episode in 2001;
(9) it was through ``Mister Rogers' Neighborhood'' that
Fred Rogers invited both grownups and children alike to
actively engage their imaginations, and through the use of
stories, songs, and puppets, Fred Rogers infused laughter and
life lessons into each episode;
(10) time spent in Mr. Rogers' home taught children about
being a good neighbor, sharing, and expressing thoughts and
emotions;
(11) transported by the famous trolley to the ``Land of
Make Believe'', ``Mister Rogers' Neighborhood'' allowed
children to escape to a safe place that creatively encouraged
them to use their imaginations and showed them the benefits of
being a friendly neighbor;
(12) ``Mister Rogers' Neighborhood'' was the longest-
running program on PBS, and was created and filmed in Fred
Rogers' hometown of Pittsburgh, Pennsylvania;
(13) Fred Rogers' caring, genuine spirit reflected the
values shared by the people of southwestern Pennsylvania and by
so many neighborhoods throughout the country;
(14) ``Mister Rogers' Neighborhood'' continues to air as a
nurturing, educational program for children, emphasizing the
value of every individual and helping children understand how
they fit into their families, communities, and country;
(15) each episode of ``Mister Rogers' Neighborhood'' was
carefully crafted by Fred Rogers to convey wholesome, uplifting
messages for the children who watched;
(16) Fred Rogers was appointed Chairman of the Forum on
Mass Media and Child Development of the White House Conference
on Youth in 1968;
(17) winning 4 Emmy Awards, ``Lifetime Achievement'' Awards
from the National Academy of Television Arts and Sciences and
the TV Critics Association, and 2 George Foster Peabody Awards,
Fred Rogers won every major award in television for which he
was eligible, and was inducted into the Television Hall of Fame
in 1999;
(18) President George W. Bush awarded Fred Rogers the
Presidential Medal of Honor in 2002, and throughout his
lifetime, Fred Rogers was presented with over 40 honorary
degrees from colleges and universities; and
(19) in a country where children face neglect and may live
without the benefit of loving parents, Fred McFeely Rogers
succeeded, through his simple television program, in connecting
with children on an intellectual and emotional level, while
teaching them to value themselves and others.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized, on
behalf of the Congress, to posthumously award a gold medal of
appropriate design to Fred McFeely Rogers.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike a gold medal with suitable emblems, devices, and inscriptions,
to be determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2, under such regulations as the
Secretary may prescribe, and 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. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. FUNDING.
(a) Authority to Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund an amount
not to exceed $30,000, to pay for the cost of the medals authorized by
this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Authorizes the President to posthumously award a gold medal, on behalf of Congress, to Fred McFeely Rogers ("Mister Rogers" of "Mister Rogers Neighborhood" public television program) in recognition of his lasting contributions to the application of creativity and imagination in the early education of our Nation's children, and to his lasting example to the Nation and the world of what it means to be a good neighbor. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traumatic Brain Injury Act of
2006''.
SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
(a) Prevention of Traumatic Brain Injury.--Clause (ii) of section
393A(b)(3)(A) of the Public Health Service Act (42 U.S.C. 280b-1b) is
amended by striking ``from hospitals and trauma centers'' and inserting
``from hospitals and emergency departments''.
(b) National Program for Traumatic Brain Injury Surveillance and
Registries.--Part J of title III of the Public Health Service Act (42
U.S.C. 280b et seq.) is amended--
(1) by redesignating the first section 393B (relating to
the use of allotments for rape prevention education) as section
392A and moving such section so that it follows section 392;
and
(2) by amending section 393B--
(A) in the section heading, by inserting
``surveillance and'' after ``national program for
traumatic brain injury''; and
(B) by striking ``(a) In General.--''; and
(C) in the matter preceding paragraph (1), by
striking ``may make grants'' and all that follows
through ``to collect data concerning--'' and inserting
``may make grants to States or their designees to
operate the State's traumatic brain injury surveillance
system or registry to determine the incidence and
prevalence of traumatic brain-related injury
disability, to ensure the uniformity of reporting under
such system or registry, to link individuals with
traumatic brain injury to services and supports, and to
link such individuals with academic institutions to
conduct applied research that will support the
development of such surveillance systems and registries
as may be necessary. A surveillance system or registry
under this section shall provide for the collection of
data
concerning--''.
(c) Authorization of Appropriations.--Section 394A of the Public
Health Service Act (42 U.S.C. 280b-3) is amended--
(1) by striking ``For the purpose'' and inserting ``(a) For
the purpose'';
(2) by striking ``and'' after ``for fiscal year 1994;'';
(3) by striking ``and'' after ``through 1998,'';
(4) by striking the second period at the end; and
(5) by inserting ``, and such sums as may be necessary for
each of fiscal years 2006 through 2010'' before the period at
the end.
SEC. 3. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.
Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61)
is amended--
(1) in subparagraph (D) of subsection (d)(4), by striking
``head brain injury'' and inserting ``brain injury''; and
(2) in subsection (i), by inserting ``, and such sums as
may be necessary for each of fiscal years 2006 through 2010''
before the period at the end.
SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.
(a) Amendment.--Part J of title III of the Public Health Service
Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393B
the following:
``SEC. 393C. STUDY ON TRAUMATIC BRAIN INJURY.
``(a) Study.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention with respect to paragraph
(1) and the Director of the National Institutes of Health with respect
to paragraphs (2) and (3), shall conduct a study with respect to
traumatic brain injury for the purpose of carrying out the following:
``(1) In collaboration with appropriate State and local
health-related agencies--
``(A) determining the incidence and prevalence of
traumatic brain injury in all age groups in the general
population of the United States, including
institutional settings, such as nursing homes,
correctional facilities, psychiatric hospitals, and
residential institutes for people with developmental
disabilities;
``(B) obtaining and maintaining data on the
incidence and prevalence of mild traumatic brain injury
and report to Congress; and
``(C) collecting, maintaining, and reporting
national trends in traumatic brain injury.
``(2) Identifying common therapeutic interventions which
are used for the rehabilitation of individuals with such
injuries, and, subject to the availability of information,
including an analysis of--
``(A) the effectiveness of each such intervention
in improving the functioning, including return to work
or school and community participation, of individuals
with brain injuries;
``(B) the comparative effectiveness of
interventions employed in the course of rehabilitation
of individuals with brain injuries to achieve the same
or similar clinical outcome; and
``(C) the adequacy of existing measures of outcomes
and knowledge of factors influencing differential
outcomes.
``(3) Developing practice guidelines for the rehabilitation
of traumatic brain injury at such time as appropriate
scientific research becomes available.
``(b) Dates Certain for Reports.--Not later than 3 years after the
date of the enactment of the Traumatic Brain Injury Act of 2006, the
Secretary shall submit to the Congress a report describing findings
made as a result of carrying out subsection (a).
``(c) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2006 through 2010.''.
(b) Conforming Amendment.--Public Law 104-166 (42 U.S.C. 300d-61
note) is amended by striking section 4.
SEC. 5. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
(a) State Grants for Projects Regarding Traumatic Brain Injury.--
Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is
amended--
(1) in subsection (a)--
(A) by striking ``may make grants to States'' and
inserting ``may make grants to States and American
Indian consortia''; and
(B) by striking ``health and other services'' and
inserting ``rehabilitation and other services'';
(2) in subsection (b)--
(A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and
(3)(A)(iv), by striking the term ``State'' each place
such term appears and inserting the term ``State or
American Indian consortium''; and
(B) in paragraph (2), by striking ``recommendations
to the State'' and inserting ``recommendations to the
State or American Indian consortium'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``$1 for each $2
of Federal funds'' and inserting ``$1 for each $5 of
Federal funds''; and
(B) by striking the term ``State'' each place such
term appears and inserting ``State or American Indian
consortium'';
(4) in subsection (e), by striking ``A State that
received'' and all that follows through the period and
inserting ``A State or American Indian consortium that received
a grant under this section prior to the date of the enactment
of the Traumatic Brain Injury Act of 2006 may complete the
activities funded by the grant.'';
(5) in subsection (f)--
(A) in the subsection heading, by inserting ``and
American Indian Consortium'' after ``State'';
(B) in paragraph (1) in the matter preceding
subparagraph (A), paragraph (1)(E), paragraph (2)(A),
paragraph (2)(B), paragraph (3) in the matter preceding
subparagraph (A), paragraph (3)(E), and paragraph
(3)(F), by striking the term ``State'' each place such
term appears and inserting ``State or American Indian
consortium'';
(C) in clause (ii) of paragraph (1)(A), by striking
``children and other individuals'' and inserting
``children, youth, and adults''; and
(D) in subsection (h)--
(i) by striking ``Not later than 2 years
after the date of the enactment of this
section, the Secretary'' and inserting ``Not
less than bi-annually, the Secretary''; and
(ii) by inserting ``section 1253, and
section 1254,'' after ``programs established
under this section,'';
(6) by amending subsection (i) to read as follows:
``(i) Definitions.--For purposes of this section:
``(1) The terms `American Indian consortium' and `State'
have the meanings given to those terms in section 1253.
``(2) The term `traumatic brain injury' means an acquired
injury to the brain. Such term does not include brain
dysfunction caused by congenital or degenerative disorders, nor
birth trauma, but may include brain injuries caused by anoxia
due to trauma. The Secretary may revise the definition of such
term as the Secretary determines necessary, after consultation
with States and other appropriate public or nonprofit private
entities.''; and
(7) in subsection (j), by inserting ``, and such sums as
may be necessary for each of the fiscal years 2006 through
2010'' before the period.
(b) State Grants for Protection and Advocacy Services.--Section
1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended--
(1) in subsections (d) and (e), by striking the term
``subsection (i)'' each place such term appears and inserting
``subsection (l)'';
(2) in subsection (g), by inserting ``each fiscal year not
later than October 1,'' before ``the Administrator shall pay'';
(3) by redesignating subsections (i) and (j) as subsections
(l) and (m), respectively;
(4) by inserting after subsection (h) the following:
``(i) Data Collection.--The Administrator of the Health Resources
and Services Administration and the Commissioner of the Administration
on Developmental Disabilities shall enter into an agreement to
coordinate the collection of data by the Administrator and the
Commissioner regarding protection and advocacy services.
``(j) Training and Technical Assistance.--
``(1) Grants.--For any fiscal year for which the amount
appropriated to carry out this section is $6,000,000 or
greater, the Administrator shall use 2 percent of such amount
to make a grant to an eligible national association for
providing for training and technical assistance to protection
and advocacy systems.
``(2) Definition.--In this subsection, the term `eligible
national association' means a national association with
demonstrated experience in providing training and technical
assistance to protection and advocacy systems.
``(k) System Authority.--In providing services under this section,
a protection and advocacy system shall have the same authorities,
including access to records, as such system would have for purposes of
providing services under subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000.''; and
(5) in subsection (l) (as redesignated by this
subsection)--
(A) by striking ``and'' after ``fiscal year 2001,''
; and
(B) by inserting ``and such sums as may be
necessary for each of the fiscal years 2006 through
2010''.
(c) National Grants of Significance.--Part E of title XII of the
Public Health Service Act (42 U.S.C.300d-52 et seq.) is amended by
adding at end the following:
``SEC. 1254. NATIONAL GRANTS OF SIGNIFICANCE.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, may make grants
to, or enter into contracts or cooperative agreements with, nonprofit
organizations, education institutions, States, and other such entities
for projects of national significance that--
``(1) support the development of national and State
policies that reinforce and promote self-determination,
independence, productivity, integration, and inclusion in all
facets of community life for individuals with traumatic brain
injury;
``(2) hold promise to improve or expand opportunities for
such individuals, including projects or initiatives significant
in scope that--
``(A) improve access to services and systems of
care and support that reflect best practices that can
be demonstrated and replicated through technical
assistance, training, and education;
``(B) assist States in developing service capacity
such as community living options and housing; programs
and services that address challenging behaviors of
individuals with traumatic brain injury and individuals
with dual diagnosis, such as substance abuse; case
management; respite; information and referral; and
family and community supports;
``(C) improve the capability of systems to monitor
and evaluate quality of rehabilitation, long-term care,
community services and supports; and
``(D) address emerging needs such as aging
caregivers, aging individuals with traumatic brain
injury, and servicemen, servicewomen and veterans with
traumatic brain injury; v. address trends and issues in
State service delivery through data collection and
reporting of funding, policies, and services on a
periodic basis.
``(b) Definitions.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to trauma. The Secretary may revise the
definition of such term as the Secretary determines necessary, after
consultation with States and other appropriate public or nonprofit
private entities.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2006 through 2010.''. | Traumatic Brain Injury Act of 2006 - Amends the Public Health Service Act to: (1) revise the national program for traumatic brain injury registries to include grants for a traumatic brain injury surveillance system; and (2) authorize appropriations through 2010 for the prevention and control of injuries.
Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC) and the Director of the National Institutes of Health (NIH), to conduct a study to: (1) determine the incidence and prevalence of traumatic brain injury; (2) maintain data on the incidence and prevalence of mild traumatic brain injury; (3) report national trends in traumatic brain injury; (4) identify common therapeutic interventions used for the rehabilitation of individuals with such injuries; and (5) develop practice guidelines for such rehabilitation.
Allows the Secretary, acting through the Administrator of the Health Resources Services Administration (HRSA), to make grants to states and American Indian consortia to improve access to rehabilitation and other services regarding traumatic brain injury.
Requires the Administration and the Commissioner of the Administration on Developmental Disabilities to coordinate the collection of data regarding protection and advocacy services. Directs the Administrator to make a grant for training and technical assistance to protection and advocacy systems, if funds permit.
Allows the Secretary, acting through the Administrator, to provide for projects of national significance that: (1) support the development of policies that reinforce and promote self-determination, independence, productivity, integration, and inclusion in all facets of community life for individuals with traumatic brain injury; and (2) hold promise to improve or expand opportunities for such individuals. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Kate Mullany
National Historic Site Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.
Sec. 4. Establishment of Kate Mullany National Historic Site.
Sec. 5. Acquisition of property.
Sec. 6. Administration of historic site.
Sec. 7. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historic site.--The term ``historic site'' means the
Kate Mullany National Historic Site established by section 4.
(2) Plan.--The term ``plan'' means the general management
plan developed under section 6(d).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Kate Mullany House in Troy, New York, is listed on
the National Register of Historic Places and has been
designated as a National Historic Landmark;
(2) the National Historic Landmark Theme Study on American
Labor History concluded that the Kate Mullany House appears to
meet the criteria of national significance, suitability, and
feasibility for inclusion in the National Park System;
(3) the city of Troy, New York--
(A) played an important role in the development of
the collar and cuff industry and the iron industry in
the 19th century and in the development of early men's
and women's worker and cooperative organizations; and
(B) was the home of the first women's labor union,
led by Irish immigrant Kate Mullany;
(4) the city of Troy, New York, has entered into a
cooperative arrangement with 6 neighboring cities, towns, and
villages to create the Hudson-Mohawk Urban Cultural Park
Commission to manage the valuable historic resources in the
area, and the area within those municipalities has been
designated by the State of New York as a heritage area to
represent industrial development and labor themes in the
development of the State;
(5) the area, known as the ``Hudson-Mohawk Urban Cultural
Park'' or ``RiverSpark'', has been a pioneer in the development
of partnership parks in which intergovernmental and public and
private partnerships bring about the conservation of the area's
heritage and the attainment of goals for preservation,
education, recreation, and economic development; and
(6) establishment of the Kate Mullany National Historic
Site and cooperative efforts between the National Park Service
and the Hudson-Mohawk Urban Cultural Park Commission will--
(A) provide opportunities for the illustration and
interpretation of important themes of the heritage of
the United States; and
(B) provide unique opportunities for education,
public use, and enjoyment.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and interpret the nationally significant
home of Kate Mullany for the benefit, inspiration, and
education of the people of the United States; and
(2) to interpret the connection between immigration and the
industrialization of the Nation, including the history of Irish
immigration, women's history, and worker history.
SEC. 4. ESTABLISHMENT OF KATE MULLANY NATIONAL HISTORIC SITE.
(a) Establishment.--There is established as a unit of the National
Park System the Kate Mullany National Historic Site in the State of New
York.
(b) Description.--The historic site shall consist of the home of
Kate Mullany, comprising approximately .05739 acre, located at 350
Eighth Street in Troy, New York, as generally depicted on the map
entitled __________ and dated ____________.
SEC. 5. ACQUISITION OF PROPERTY.
(a) Real Property.--The Secretary may acquire land and interests in
land within the boundaries of the historic site and ancillary real
property for parking or interpretation, as necessary and appropriate
for management of the historic site.
(b) Personal Property.--The Secretary may acquire personal property
associated with, and appropriate for, the interpretation of the
historic site.
(c) Means.--An acquisition of real property or personal property
may be made by donation, purchase from a willing seller with donated or
appropriated funds, or exchange.
SEC. 6. ADMINISTRATION OF HISTORIC SITE.
(a) In General.--The Secretary shall administer the historic site
in accordance with this Act and the law generally applicable to units
of the National Park System, including the Act of August 25, 1916
(commonly known as the ``National Park Service Organic Act'') (16
U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as
the ``Historic Sites, Buildings, and Antiquities Act'') (16 U.S.C. 461
et seq.).
(b) Cooperative Agreements.--In carrying out this Act, the
Secretary may consult with and enter into cooperative agreements with
the State of New York, the Hudson-Mohawk Urban Cultural Park
Commission, and other public and private entities to facilitate public
understanding and enjoyment of the life and work of Kate Mullany
through the development, presentation, and funding of exhibits and
other appropriate activities related to the preservation,
interpretation, and use of the historic site and related historic
resources.
(c) Exhibits.--The Secretary may display, and accept for the
purposes of display, items associated with Kate Mullany, as may be
necessary for the interpretation of the historic site.
(d) General Management Plan.--
(1) In general.--Not later than 2 full fiscal years after
the date of enactment of this Act, the Secretary shall--
(A) develop a general management plan for the
historic site; and
(B) submit the plan to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives.
(2) Contents.--The plan shall include recommendations for
regional wayside exhibits to be carried out through cooperative
agreements with the State of New York and other public and
private entities.
(3) Requirements.--The plan shall be prepared in accordance
with section 12(b) of Public Law 91-383 (commonly known as the
``National Park System General Authorities Act'') (16 U.S.C 1a-
7(b)).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Kate Mullany National Historic Site Act - Establishes the Kate Mullany National Historic Site in New York State, consisting of the Kate Mullany House (Troy, New York), home of the first women's labor union, to interpret the connection between immigration and the industrialization of the Nation, including the history of Irish immigration, women's history, and worker history.
Requires the Secretary of the Interior to develop and submit to specified congressional committees a general management plan for the Site.
Authorizes appropriations. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Career Ready Act of 2015''.
SEC. 2. CAREER READINESS INDICATORS.
(a) Adequate Yearly Progress.--Section 1111(b)(2)(C)(vii) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(vii)) is amended--
(1) by striking ``include other academic indicators'' and
inserting ``include other college and career ready
indicators''; and
(2) by striking ``such as achievement on'' and all that
follows through the end of the clause and inserting ``such as--
``(I) achievement on additional
State or locally administered
assessments;
``(II) decreases in grade-to-grade
retention rates;
``(III) attendance rates and rates
of chronic absenteeism;
``(IV) the number and percentage of
students attaining recognized
postsecondary credentials, as defined
by the Workforce Innovation and
Opportunity Act, while in secondary
school;
``(V) the number and percentage of
students attaining State and local
adjusted levels of performance, as
defined in section 113(b) of the Carl
D. Perkins Career and Technical
Education Act of 2006, and reported by
the State in a manner consistent with
section 113(c) of such Act;
``(VI) measures that integrate
preparation for postsecondary education
and the workforce, including measures
of performance in coursework sequences
that include rigorous academics, work-
based learning, and career and
technical education;
``(VII) performance on assessments
of career readiness;
``(VIII) rates of enrollment,
remediation, persistence, and
completion of postsecondary education;
and
``(IX) the number, percentage, and
changes in the percentages of students
completing gifted and talented,
advanced placement, and college
preparatory courses.''.
(b) State Report Card Optional Information.--Section 1111(h)(1)(D)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(D)) is amended--
(1) in clause (vi), by striking ``and'' after the
semicolon;
(2) in clause (vii), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(viii) the number and percentage of
students enrolled in each public secondary
school in the State who attain State and local
adjusted levels of performance, as defined in
section 113(b) of the Carl D. Perkins Career
and Technical Education Act of 2006, and
reported by the State in a manner consistent
with section 113(c) of such Act;
``(ix) the number and percentage of
students enrolled in each public secondary
school in the State that attain a recognized
postsecondary credential, as defined in section
3 of the Workforce Innovation and Opportunity
Act, while in secondary school; and
``(x) for high schools--
``(I) the high school graduation
rate; and
``(II) rates of enrollment,
remediation, persistence, and
completion of postsecondary education
for students.''.
SEC. 3. CAREER GUIDANCE AND COUNSELING.
Section 5421 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7245) is amended--
(1) in subsection (a)(2)(B), by striking ``for initiating
or expanding school counseling'' and inserting ``for
initiating, enriching, or expanding school counseling and
career guidance'';
(2) in subsection (b)(2)--
(A) in subparagraph (D)--
(i) by inserting ``local workforce
development board described in section 107 of
the Workforce Opportunity and Investment Act
(29 U.S.C. 3122), regional economic development
agencies, area career and technical education
schools (as defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of
2006), local businesses and industries,
organizations offering apprenticeship programs,
tribal organizations, labor organizations,
programs leading to a recognized postsecondary
credential,'' after ``social service
agencies,''; and
(ii) by inserting ``, where appropriate in
the case of secondary school applications''
after ``school-linked services integration'';
(B) in subparagraph (G), by striking and after the
semicolon;
(C) in subparagraph (H) by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(I) describe how the local educational agency
will provide college and career awareness and
exploration activities, which may begin prior to a
student entering high school; and
``(J) describe how the local educational agency
will provide students with comprehensive and timely
school counseling that addresses both college and
career planning needs.''; and
(3) in subsection (c)(2)--
(A) in subparagraph (K) by striking ``and'' after
the semicolon;
(B) in subparagraph (L) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(M) develop and implement comprehensive school
counseling programs that align with the local
educational agency's application;
``(N) in the case of a program serving secondary
schools, identify regional workforce trends in
collaboration with entities with expertise in
identifying such trends, such as local workforce
development boards described in section 107 of the
Workforce Opportunity and Investment Act (29 U.S.C.
3122) and regional economic development organizations;
``(O) in the case of a program serving secondary
schools, train counselors to effectively provide
students with labor market information;
``(P) in the case of a program serving secondary
schools, develop and implement a process for school
counselors and school counselor programs to access the
information regarding the regional workforce trends
identified in paragraph (N);
``(Q) where appropriate, develop and implement
integrated, job-embedded, and ongoing professional
development programs for counselors and other educators
involved in preparing students for postsecondary
opportunities and careers; and
``(R) where appropriate, develop personalized
learning plans for each student that map a defined
program of study based on the student's academic and
career goals.''. | Career Ready Act of 2015 Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to allow states to include certain career readiness indicators in their determination as to whether students are making adequate yearly progress toward state academic performance standards. Allows states to include on their annual report cards on student progress toward those standards: the number and percentage of their public secondary school students who attain state and local adjusted levels of career and technical education performance, as defined by the Carl D. Perkins Career and Technical Education Act of 2006; the number and percentage of their public secondary school students that attain a recognized postsecondary credential, as defined by the Workforce Innovation and Opportunity Act; and high school graduation, enrollment, remediation, persistence, and completion rates. Requires local educational agencies awarded a grant for elementary and secondary school counseling programs under part D of title V of the ESEA to use the funds for additional activities that include: developing and implementing comprehensive school counseling programs that are aligned with their grant applications; identifying regional workforce trends, in collaboration with entities experienced in identifying such trends, and enabling school counselor programs at the secondary school level to access that data; training counselors to effectively provide labor market information to secondary school students; developing and implementing integrated, job-embedded, and ongoing professional development programs for educators who prepare students for postsecondary opportunities and careers; and developing personalized learning plans for each student that map a defined program of study based on the student's academic and career goals. | billsum_train |
Create a summary of the following text: SECTION 1. AUTHORIZATION OF FUNDS FOR CONSERVATION OF MIGRATORY
WATERFOWL AND HABITAT.
The first section of Public Law 87-383 (16 U.S.C. 715k-3),
popularly known as the Wetlands Loan Act, is amended--
(1) by striking ``for the period'' and all that follows
through the end of the sentence and inserting ``$400,000,000
for fiscal years 2007 through 2016.''; and
(2) by adding at the end the following: ``Funds
appropriated pursuant to this Act shall be treated as an
advance, without interest, to the migratory bird conservation
fund. Such appropriated funds, beginning on July 1, 2007, shall
be repaid to the Treasury out of the migratory bird
conservation fund. Such repayment shall be made in annual
amounts comprising the moneys accruing annually to such fund
that are attributable to the portion of the price of migratory
bird hunting stamps sold that year that is in excess of $15 per
stamp.''.
SEC. 2. SALES OF DUCK STAMPS; PRICE.
(a) Sales of Stamps.--Sections 2(a) of the Act of March 16, 1934
(chapter 71; 16 U.S.C. 718b(a)), popularly known as the Duck Stamp Act,
is amended--
(1) in the first sentence--
(A) by striking ``issued and sold by the Postal
Service, and may be sold by the Department of the
Interior'' and inserting ``sold by the Postal Service,
the Secretary of the Interior, and any other person
authorized by the Secretary of the Interior'';
(B) by striking ``each post office of the first-
and second-class'' and inserting ``any post office'';
and
(C) by striking ``as the Postal Service and the
Secretary of the Interior'' and inserting ``the Postal
Service, the Secretary of the Interior, or a person so
authorized'';
(2) in the third sentence by striking ``by the Postal
Service'' and all that follows through the end of the sentence
and inserting ``by the person selling the stamp the applicable
price under subsection (b)'';
(3) in the fifth sentence by inserting ``hunting'' before
``year'';
(4) in the sixth sentence--
(A) by striking ``Postal Service'' and inserting
``Secretary of the Interior'';
(B) by striking ``prescribed by it'' and inserting
``prescribed by the Secretary'';
(C) by striking ``of blocks composed of two or more
attached''; and
(D) by inserting ``authorized by the Secretary of
the Interior to sell stamps on consignment''; and
(5) by adding at the end the following: ``The Postal
Service shall not sell stamps to any individual on consignment,
and shall not redeem stamps sold on consignment by the
Secretary of the Interior or a person authorized by the
Secretary of the Interior to sell stamps on consignment.''.
(b) Price of Stamp.--
(1) Amendment.--Section 2(b) of such Act is amended to read
as follows:
``(b) A person authorized to sell stamps under this section shall
collect, for each stamp sold--
``(1) $25 for a stamp for any of hunting years 2007 through
2014; and
``(2) $35 for a stamp for each hunting year after hunting
year 2014.''.
(2) Limitation on application.--This subsection shall not
affect the application of section 2 of such Act before July 1,
2007.
(c) Disposition of Unsold Stamps.--Section 3(a) of the Act of July
30, 1956 (chapter 782; 16 U.S.C. 718b-1(a)) is amended--
(1) by inserting ``and conservation'' after ``migratory-
bird hunting'' each place it appears;
(2) by inserting ``or the Secretary of the Interior'' after
``Postal Service'' the first place it appears;
(3) by striking ``Philatelic Agency'' and inserting
``Postal Service and the Secretary of the Interior, or a person
authorized by the Secretary,''; and
(4) by inserting ``and the Secretary of the Interior''
after ``Postal Service'' the second place it appears.
SEC. 3. DISPLAY OF STAMP.
The first section of the Act of March 16, 1934 (chapter 71; 16
U.S.C. 718a), popularly known as the Duck Stamp Act, is amended by
adding at the end the following: ``Nothing in this Act shall be
construed to require a person to affix a stamp sold under this Act to
any other license as a condition of engaging in hunting under the
authority of the stamp.''.
SEC. 4. TECHNICAL CORRECTION.
Section 4 of the Act of March 16, 1934 (chapter 71; 16 U.S.C.
718d), popularly known as the Duck Stamp Act, is amended by striking
``personal'' and inserting ``personnel''.
SEC. 5. SENSE OF CONGRESS REGARDING THE EXPENDITURES OF FUNDS.
It is the sense of Congress that--
(1) the funds provided pursuant to the amendments made by
this Act--
(A) should be used for preserving and increasing
waterfowl populations in accordance with the goals and
objectives of the North American Waterfowl Management
Plan; and
(B) to that end, should be used to supplement and
not replace current conservation funding, including
funding for other Federal and State habitat
conservation programs; and
(2) this Act should be implemented in a manner that helps
private landowners achieve their long-term land use objectives
in ways that enhance the conservation of wetlands and wildlife
habitat. | Amends the Wetland Loan Act to extend funding for conservation of migratory waterfowl and habitat.
Amends the Duck Stamp Act (the Act) to increase the price of federal migratory-bird hunting and conservation stamps, and to revise procedures for disposing of unsold stamps.
Provides that nothing in the Act shall be construed to require a person to affix a stamp sold under such Act to any other license as a condition of engaging in hunting under the authority of the stamp.
Expresses the sense of Congress that the funds provided pursuant to this Act should be used for preserving and increasing waterfowl populations in accordance with the goals and objectives of the North American Waterfowl Management Plan, and to that end, should be used to supplement and not replace current conservation funding, including funding for other federal and state habitat conservation programs.
States the sense of Congress that this Act should be implemented in a manner that helps private landowners achieve their long-term land use objectives in ways that enhance the conservation of wetlands and wildlife habitat. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Food and Agricultural
Science Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Standing
Council of Advisors established under section 4(c).
(2) Director.--Except as otherwise provided in this Act,
the term ``Director'' means the Director of Food and
Agricultural Science.
(3) Division.--The term ``Division'' means the Division of
Food and Agricultural Science established under section 4(a).
(4) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(5) Fundamental agricultural research; fundamental
science.--The terms ``fundamental agricultural research'' and
``fundamental science'' mean fundamental research or science
that--
(A) advances the frontiers of knowledge so as to
lead to practical results or to further scientific
discovery; and
(B) has an effect on agriculture, food, human
health, or another purpose of this Act, as described in
section 3(b).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) United states.--The term ``United States'' when used in
a geographical sense means the States, the District of
Columbia, the Commonwealth of Puerto Rico, and all territories
and possessions of the United States.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--The Agricultural Research, Economics, and Education
Task Force established under section 7404 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3101 note) conducted an
exhaustive review of agricultural research in the United States and
evaluated the merits of establishing 1 or more national institutes
focused on disciplines important to the progress of food and
agricultural science. Consistent with the findings and recommendations
of the Agricultural Research, Economics, and Education Task Force,
Congress finds the following:
(1) Agriculture in the United States faces critical
challenges, including an impending crisis in the food,
agricultural, and natural resource systems of the United
States. Exotic diseases and pests threaten crops and livestock,
obesity has reached epidemic proportions, agriculturally-
related environmental degradation is a serious problem for the
United States and other parts of the world, certain animal
diseases threaten human health, and United States producers of
some major crops are no longer the world's lowest cost
producers.
(2) In order to meet these critical challenges, it is
essential that the Nation ensure that the agricultural
innovation that has been so successful in the past continues in
the future. Agricultural innovation has resulted in hybrid and
higher yielding varieties of basic crops and enhanced the
world's food supply by increasing yields on existing acres.
Since 1960, the world's population has tripled with no net
increase in the amount of land under cultivation. Currently,
only 1.5 percent of the population of the United States
provides the food and fiber to supply the Nation's needs.
Agriculture and agriculture sciences play a major role in
maintaining the health and welfare of all people of the United
States and in husbanding our land and water, and that role must
be expanded.
(3) Fundamental scientific research that leads to
understandings of how cells and organisms work is critical to
continued innovation in agriculture in the United States. Such
future innovations are dependent on fundamental scientific
research, and will be enhanced by ideas and technologies from
other fields of science and research.
(4) Opportunities to advance fundamental knowledge of
benefit to agriculture in the United States have never been
greater. Many of these new opportunities are the result of
amazing progress in the life sciences over recent decades,
attributable in large part to the provision made by the Federal
Government through the National Institutes of Health and the
National Science Foundation. New technologies and new concepts
have speeded advances in the fields of genetics, cell and
molecular biology, and proteomics. Much of this scientific
knowledge is ready to be mined for agriculture and food
sciences, through a sustained, disciplined research effort at
an institute dedicated to this research.
(5) Publicly sponsored research is essential to continued
agricultural innovation to mitigate or harmonize the long-term
effects of agriculture on the environment, to enhance the long-
term sustainability of agriculture, and to improve the public
health and welfare.
(6) Competitive, peer-reviewed fundamental agricultural
research is best suited to promoting the fundamental research
from which breakthrough innovations that agriculture and
society require will come.
(7) It is in the national interest to dedicate additional
funds on a long-term, ongoing basis to an institute dedicated
to funding competitive peer-reviewed grant programs that
support and promote the highest caliber of fundamental
agricultural research.
(8) The Nation's capacity to be competitive internationally
in agriculture is threatened by inadequate investment in
research.
(9) To be successful over the long term, grant-receiving
institutions must be adequately reimbursed for their costs if
they are to pursue the necessary agricultural research.
(10) To meet these challenges, address these needs, and
provide for vitally needed agricultural innovation, it is in
the national interest to provide sufficient Federal funds over
the long term to fund a significant program of fundamental
agricultural research through an independent institute.
(b) Purposes.--The purposes of the Division established under
section 4(a) shall be to ensure that the technological superiority of
agriculture in the United States effectively serve the people of the
United States in the coming decades, and to support and promote
fundamental agricultural research of the highest caliber in order to
achieve goals, including the following goals:
(1) Increase the international competitiveness of United
States agriculture.
(2) Develop foods that improve health and combat obesity.
(3) Create new and more useful food, fiber, health,
medicinal, energy, environmental, and industrial products from
plants and animals.
(4) Improve food safety and food security by protecting
plants and animals in the United States from insects, diseases,
and the threat of bioterrorism.
(5) Enhance agricultural sustainability and improve the
environment.
(6) Strengthen the economies of the Nation's rural
communities.
(7) Decrease United States dependence on foreign sources of
petroleum by developing bio-based fuels and materials from
plants.
(8) Strengthen national security by improving the
agricultural productivity of subsistence farmers in developing
countries to combat hunger and the political instability that
it produces.
(9) Assist in modernizing and revitalizing the Nation's
agricultural research facilities at institutions of higher
education, independent non-profit research institutions, and
consortia of such institutions, through capital investment.
(10) Achieve such other goals and meet such other needs as
determined appropriate by the Foundation, the Director, or the
Secretary.
SEC. 4. ESTABLISHMENT OF DIVISION.
(a) Establishment.--There is established within the National
Science Foundation a Division of Food and Agricultural Science. The
Division shall consist of the Council and be administered by a Director
of Food and Agricultural Science.
(b) Reporting and Consultation.--The Director shall coordinate the
research agenda of the Division with the Secretary.
(c) Standing Council of Advisors.--
(1) Establishment.--
(A) In general.--There is established in the
Division a Standing Council of Advisors composed of 12
highly qualified scientists who are not employed by the
Federal Government and 12 stakeholders.
(B) Scientists.--
(i) Appointment.--The 12 scientist members
of the Council shall be appointed to 4-year
staggered terms by the Director of the National
Science Foundation, with the consent of the
Director of Food and Agricultural Science.
(ii) Qualifications.--The persons nominated
for appointment as scientist members of the
Council shall be--
(I) eminent in the fields of
agricultural research, science, or
related appropriate fields; and
(II) selected for appointment
solely on the basis of established
records of distinguished service and to
provide representation of the views of
agricultural research and scientific
leaders in all areas of the Nation.
(C) Stakeholders.--
(i) Appointment.--The 12 stakeholder
members of the Council shall be appointed to 4-
year staggered terms by the Secretary, with the
consent of the Director.
(ii) Qualifications.--The persons nominated
for appointment as stakeholder members of the
Council shall--
(I) include distinguished members
of the public of the United States,
including representatives of farm
organizations and industry, and persons
knowledgeable about the environment,
subsistence agriculture, energy, and
human health and disease; and
(II) be selected for appointment so
as to provide representation of the
views of stakeholder leaders in all
areas of the Nation.
(2) Duties.--The Council shall assist the Director in
establishing the Division's research priorities, and in
reviewing, judging, and maintaining the relevance of the
programs funded by the Division. The Council shall review all
proposals approved by the scientific committees of the Division
to ensure that the purposes of this Act and the needs of the
Nation are being met.
(3) Meetings.--
(A) In general.--The Council shall hold periodic
meetings in order to--
(i) provide an interface between scientists
and stakeholders; and
(ii) ensure that the Division is linking
national goals with realistic scientific
opportunities.
(B) Timing.--The meetings shall be held at the call
of the Director, or at the call of the Secretary, but
not less frequently than annually.
SEC. 5. FUNCTIONS OF DIVISION.
(a) Competitive Research.--
(1) In general.--The Director shall carry out the purposes
of this Act by awarding competitive peer-reviewed grants to
support and promote the very highest quality of fundamental
agricultural research.
(2) Grant recipients.--The Director shall make grants to
fund research proposals submitted by--
(A) individual scientists;
(B) single and multi-institutional research
centers; and
(C) entities from the private and public sectors,
including researchers in the Department of Agriculture,
the Foundation, or other Federal agencies.
(b) Complementary Research.--The research funded by the Division
shall--
(1) supplement and enhance, not supplant, the existing
research programs of, or funded by, the Department of
Agriculture, the Foundation, and the National Institutes of
Health; and
(2) seek to make existing research programs more relevant
to United States agriculture, consistent with the purposes of
this Act.
(c) Grant-Awarding Only.--The Division's sole duty shall be to
award grants. The Division may not conduct fundamental agricultural
research or fundamental science, or operate any laboratories or pilot
plants.
(d) Procedures.--The Director shall establish procedures for the
peer review, awarding, and administration of grants under this Act,
consistent with sound management and the findings and purposes
described in section 3. | National Food and Agricultural Science Act of 2004 - Establishes: (1) in the National Science Foundation a Division of Food and Agricultural Science, which shall be administered by a Director of Food and Agricultural Science; and (2) in the Division a Standing Council of Advisors.
States that the Division's sole function shall be to award grants to promote complementary, fundamental agricultural research to: (1) individual scientists; (2) single and multi-institutional research centers; and (3) private and public sector entities, including the Department of Agriculture, the Foundation, or other Federal agencies. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration and Naturalization
Service Data Management Improvement Act of 2000''.
SEC. 2. AMENDMENT TO SECTION 110 OF IIRIRA.
(a) In General.--Section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended to
read as follows:
``SEC. 110. INTEGRATED ENTRY AND EXIT DATA SYSTEM.
``(a) Requirement.--The Attorney General shall implement an
integrated entry and exit data system.
``(b) Integrated Entry and Exit Data System Defined.--For purposes
of this section, the term `integrated entry and exit data system' means
an electronic system that--
``(1) provides access to, and integrates, alien arrival and
departure data that are--
``(A) authorized or required to be created or
collected under law;
``(B) in an electronic format; and
``(C) in a data base of the Department of Justice
or the Department of State, including those created or
used at ports of entry and at consular offices;
``(2) uses available data described in paragraph (1) to
produce a report of arriving and departing aliens by country of
nationality, classification as an immigrant or nonimmigrant,
and date of arrival in, and departure from, the United States;
``(3) matches an alien's available arrival data with the
alien's available departure data;
``(4) assists the Attorney General (and the Secretary of
State, to the extent necessary to carry out such Secretary's
obligations under immigration law) to identify, through on-line
searching procedures, lawfully admitted nonimmigrants who may
have remained in the United States beyond the period authorized
by the Attorney General; and
``(5) otherwise uses available alien arrival and departure
data described in paragraph (1) to permit the Attorney General
to make the reports required under subsection (e).
``(c) Construction.--
``(1) No additional authority to impose documentary or data
collection requirements.--Nothing in this section shall be
construed to permit the Attorney General or the Secretary of
State to impose any new documentary or data collection
requirements on any person in order to satisfy the requirements
of this section, including--
``(A) requirements on any alien for whom the
documentary requirements in section 212(a)(7)(B) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(7)(B)) have been waived by the Attorney General
and the Secretary of State under section 212(d)(4)(B)
of such Act (8 U.S.C. 1182(d)(4)(B)); or
``(B) requirements that are inconsistent with the
North American Free Trade Agreement.
``(2) No reduction of authority.--Nothing in this section
shall be construed to reduce or curtail any authority of the
Attorney General or the Secretary of State under any other
provision of law.
``(d) Deadlines.--
``(1) Airports and seaports.--Not later than December 31,
2003, the Attorney General shall implement the integrated entry
and exit data system using available alien arrival and
departure data described in subsection (b)(1) pertaining to
aliens arriving in, or departing from, the United States at an
airport or seaport. Such implementation shall include ensuring
that such data, when collected or created by an immigration
officer at an airport or seaport, are entered into the system
and can be accessed by immigration officers at other airports
and seaports.
``(2) High-traffic land border ports of entry.--Not later
than December 31, 2004, the Attorney General shall implement
the integrated entry and exit data system using the data
described in paragraph (1) and available alien arrival and
departure data described in subsection (b)(1) pertaining to
aliens arriving in, or departing from, the United States at the
50 land border ports of entry determined by the Attorney
General to serve the highest numbers of arriving and departing
aliens. Such implementation shall include ensuring that such
data, when collected or created by an immigration officer at
such a port of entry, are entered into the system and can be
accessed by immigration officers at airports, seaports, and
other such land border ports of entry.
``(3) Remaining data.--Not later than December 31, 2005,
the Attorney General shall fully implement the integrated entry
and exit data system using all data described in subsection
(b)(1). Such implementation shall include ensuring that all
such data are available to immigration officers at all ports of
entry into the United States.
``(e) Reports.--
``(1) In general.--Not later than December 31 of each year
following the commencement of implementation of the integrated
entry and exit data system, the Attorney General shall use the
system to prepare an annual report to the Committees on
the Judiciary of the House of Representatives and of the Senate.
``(2) Information.--Each report shall include the following
information with respect to the preceding fiscal year, and an
analysis of that information:
``(A) The number of aliens for whom departure data
was collected during the reporting period, with an
accounting by country of nationality of the departing
alien.
``(B) The number of departing aliens whose
departure data was successfully matched to the alien's
arrival data, with an accounting by the alien's country
of nationality and by the alien's classification as an
immigrant or nonimmigrant.
``(C) The number of aliens who arrived pursuant to
a nonimmigrant visa, or as a visitor under the visa
waiver program under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187), for whom no matching
departure data have been obtained through the system or
through other means as of the end of the alien's
authorized period of stay, with an accounting by the
alien's country of nationality and date of arrival in
the United States.
``(D) The number of lawfully admitted nonimmigrants
identified as having remained in the United States
beyond the period authorized by the Attorney General,
with an accounting by the alien's country of
nationality.
``(f) Authority To Provide Access to System.--
``(1) In general.--Subject to subsection (d), the Attorney
General, in consultation with the Secretary of State, shall
determine which officers and employees of the Departments of
Justice and State may enter data into, and have access to the
data contained in, the integrated entry and exit data system.
``(2) Other law enforcement officials.--The Attorney
General, in the discretion of the Attorney General, may permit
other Federal, State, and local law enforcement officials to
have access to the data contained in the integrated entry and
exit data system for law enforcement purposes.
``(g) Use of Task Force Recommendations.--The Attorney General
shall continuously update and improve the integrated entry and exit
data system as technology improves and using the recommendations of the
task force established under section 3 of the Immigration and
Naturalization Service Data Management Improvement Act of 2000.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2001 through 2008.''.
(b) Clerical Amendment.--The table of contents of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 is amended
by amending the item relating to section 110 to read as follows:
``Sec. 110. Integrated entry and exit data system.''.
SEC. 3. TASK FORCE.
(a) Establishment.--Not later than 6 months after the date of the
enactment of this Act, the Attorney General, in consultation with the
Secretary of State, the Secretary of Commerce, and the Secretary of the
Treasury, shall establish a task force to carry out the duties
described in subsection (c) (in this section referred to as the ``Task
Force'').
(b) Membership.--
(1) Chairperson; appointment of members.--The Task Force
shall be composed of the Attorney General and 16 other members
appointed in accordance with paragraph (2). The Attorney
General shall be the chairperson and shall appoint the other
members.
(2) Appointment requirements.--In appointing the other
members of the Task Force, the Attorney General shall include--
(A) representatives of Federal, State, and local
agencies with an interest in the duties of the Task
Force, including representatives of agencies with an
interest in--
(i) immigration and naturalization;
(ii) travel and tourism;
(iii) transportation;
(iv) trade;
(v) law enforcement;
(vi) national security; or
(vii) the environment; and
(B) private sector representatives of affected
industries and groups.
(3) Terms.--Each member shall be appointed for the life of
the Task Force. Any vacancy shall be filled by the Attorney
General.
(4) Compensation.--
(A) In general.--Each member of the Task Force
shall serve without compensation, and members who are
officers or employees of the United States shall serve
without compensation in addition to that received for
their services as officers or employees of the United
States.
(B) Travel expenses.--The members of the Task Force
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of
service for the Task Force.
(c) Duties.--The Task Force shall evaluate the following:
(1) How the Attorney General can efficiently and
effectively carry out section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221
note), as amended by section 2 of this Act.
(2) How the United States can improve the flow of traffic
at airports, seaports, and land border ports of entry through--
(A) enhancing systems for data collection and data
sharing, including the integrated entry and exit data
system described in section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1221 note), as amended by section 2 of this Act, by better use of
technology, resources, and personnel;
(B) increasing cooperation between the public and
private sectors;
(C) increasing cooperation among Federal agencies
and among Federal and State agencies; and
(D) modifying information technology systems while
taking into account the different data systems,
infrastructure, and processing procedures of airports,
seaports, and land border ports of entry.
(3) The cost of implementing each of its recommendations.
(d) Staff and Support Services.--
(1) In general.--The Attorney General 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 Task Force to
perform its duties. The employment and termination of an
executive director shall be subject to confirmation by a
majority of the members of the Task Force.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for level
V of the Executive Schedule under section 5316 of title 5,
United States Code. The Attorney General may fix the
compensation of 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 such personnel may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such
title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Task Force without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privilege.
(4) Procurement of temporary and intermittent services.--
The Attorney General may procure temporary and intermittent
services for the Task Force under section 3109(b) of title 5,
United States Code, at rates for individuals not to 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.
(5) Administrative support services.--Upon the request of
the Attorney General, the Administrator of General Services
shall provide to the Task Force, on a reimbursable basis, the
administrative support services necessary for the Task Force to
carry out its responsibilities under this section.
(e) Hearings and Sessions.--The Task Force may, for the purpose of
carrying out this section, hold hearings, sit and act at times and
places, take testimony, and receive evidence as the Task Force
considers appropriate.
(f) Obtaining Official Data.--The Task Force may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this section. Upon request of the
Attorney General, the head of that department or agency shall furnish
that information to the Task Force.
(g) Reports.--
(1) Deadline.--Not later than December 31, 2002, and not
later than December 31 of each year thereafter in which the
Task Force is in existence, the Attorney General shall submit a
report to the Committees on the Judiciary of the House of
Representatives and of the Senate containing the findings,
conclusions, and recommendations of the Task Force. Each report
shall also measure and evaluate how much progress the Task
Force has made, how much work remains, how long the remaining
work will take to complete, and the cost of completing the
remaining work.
(2) Delegation.--The Attorney General may delegate to the
Commissioner, Immigration and Naturalization Service, the
responsibility for preparing and transmitting any such report.
(h) Legislative Recommendations.--
(1) In general.--The Attorney General shall make such
legislative recommendations as the Attorney General deems
appropriate--
(A) to implement the recommendations of the Task
Force; and
(B) to obtain authorization for the appropriation
of funds, the expenditure of receipts, or the
reprogramming of existing funds to implement such
recommendations.
(2) Delegation.--The Attorney General may delegate to the
Commissioner, Immigration and Naturalization Service, the
responsibility for preparing and transmitting any such
legislative recommendations.
(i) Termination.--The Task Force shall terminate on a date
designated by the Attorney General as the date on which the work of the
Task Force has been completed.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2001 through 2003.
SEC. 4. SENSE OF CONGRESS REGARDING INTERNATIONAL BORDER MANAGEMENT
COOPERATION.
It is the sense of the Congress that the Attorney General, in
consultation with the Secretary of State, the Secretary of Commerce,
and the Secretary of the Treasury, should consult with affected foreign
governments to improve border management cooperation. | Directs the Attorney General to determine which Department of Justice and other law enforcement personnel may have access to such data.
Directs the Attorney General to establish a task force which shall evaluate specified program-related issues. Authorizes appropriations.
Expresses the sense of Congress that the Attorney General, in consultation with the Secretaries of State, Commerce, and the Treasury, should consult with affected foreign governments to improve border management. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to develop alternative renewable energy sources;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science
Foundation (BSF); and
(B) the United States-Israel Binational Industrial
Research and Development Foundation (BIRD);
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(5) on February 1, 1996, the Secretary of Energy and the
Israeli Minister of Energy and Infrastructure signed an
agreement to establish a framework for collaboration between
the United States and Israel in energy research and development
activities;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of alternative
renewable energy sources; and
(7) enhanced cooperation between the United States and
Israel for the purpose of research and development of
alternative renewable energy sources would be in the national
interests of both countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) BIRD.--The term ``BIRD'' means the United States-Israel
Binational Industrial Research and Development Foundation.
(2) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
SEC. 4. GRANT PROGRAM.
(a) Establishment.--In implementing the Agreement entitled the
``Agreement between the Department of Energy of the United States of
America and the Ministry of Energy and Infrastructure of Israel
Concerning Energy Cooperation'', dated February 1, 1996, the Secretary
shall establish a grant program to support research, development, and
commercialization of alternative renewable energy sources.
(b) Types of Energy.--In carrying out subsection (a), the Secretary
may make grants to promote--
(1) solar energy;
(2) biomass energy;
(3) energy efficiency;
(4) wind energy;
(5) fossil energy; and
(6) other types of energy, as determined by the Secretary.
(c) Eligible Applicants.--An applicant shall be eligible to receive
a grant under this section if the project of the applicant--
(1)(A) addresses a requirement in the areas of alternative
energy, improved energy efficiency, or renewable energy sources
determined by the Secretary and applies for the grant in
accordance with procedures established under this section; or
(B) is a joint venture between--
(i)(I) a for-profit business entity, academic
institution, National Laboratory (as defined in section
2 of the Energy Policy Act of 2005), or nonprofit
entity in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Government of the United States; and
(II) the Government of Israel; and
(2) meets any other qualifications that the Secretary may
require.
(d) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an applicant shall submit an application for the
grant to--
(A) the Secretary, in accordance with procedures
established by the Secretary; or
(B) the BIRD or BSF, in accordance with procedures
established by the respective entity.
(2) Use of bird and bsf.--
(A) Allocation for bird and bsf.--The Secretary
shall use not less than 50 percent of the funds that
are provided to make grants under this section for a
fiscal year to make grants through the BIRD and BSF.
(B) Allocation between bird and bsf.--The Secretary
shall determine the manner in which funds made
available for a fiscal year under this paragraph are
allocated between the BIRD and BSF.
(e) Advisory Board.--
(1) Establishment.--The Secretary shall establish an
advisory board to--
(A) monitor how grants are awarded under this
section; and
(B) provide to the Secretary periodic performance
reviews of actions taken to carry out this section.
(2) Composition.--The advisory board shall be composed of--
(A) a representative of the Government of the
United States, appointed by the Secretary; and
(B) a representative of the Government of Israel,
appointed by the Government of Israel.
(f) Repayment.--
(1) In general.--Subject to paragraph (2), the Secretary
may require a recipient of a grant under this section to repay
to the Secretary, the BIRD, or the BSF, as determined by the
Secretary, an amount equal to--
(A) the amount of the grant, including interest at
a rate determined by the Secretary; and
(B) such charges for the administration of the
grant as the Secretary determines appropriate.
(2) Limitation.--In carrying out paragraph (1), the
Secretary may not require a grant recipient to repay more than
150 percent of the amount of the grant, adjusted in accordance
with the Consumer Price Index for all-urban consumers, United
States city average, as published by the Bureau of Labor
Statistics.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2012. | United States-Israel Energy Cooperation Act - Instructs the Secretary of Energy, in implementing the Agreement between the Department of Energy of the United States of America and the Ministry of Energy and Infrastructure of Israel Concerning Energy Cooperation, to establish a grant program to support research, development, and commercialization of alternative renewable energy sources.
Authorizes grants to promote the following: (1) solar energy; (2) biomass energy; (3) energy efficiency; (4) wind energy; and (5) fossil energy.
Directs the Secretary to establish an advisory board to: (1) monitor how such grants are awarded; and (2) provide periodic performance reviews of actions taken to carry out the grant program. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trafficking Victims Protection
Reauthorization Act of 2017''.
SEC. 2. DEFINITIONS.
Section 103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102) is amended--
(1) by redesignating paragraphs (5) through (15) as
paragraphs (7) through (17), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) Concrete actions.--The term `concrete actions' means
actions that demonstrate increased efforts by the government of
a country to meet the minimum standards for the elimination of
trafficking, including any of the following:
``(A) Enforcement actions taken.
``(B) Investigations actively underway.
``(C) Prosecutions conducted.
``(D) Convictions attained.
``(E) Training provided.
``(F) Programs and partnerships actively underway.
``(G) Efforts to prevent severe forms of
trafficking, including programs to reduce the
vulnerability of particularly vulnerable populations,
involving survivors of trafficking in community
engagement and policy making, engagement with foreign
migrants, ending recruitment fees, and other such
measures.
``(H) Victim services offered, including
immigration services and restitution.
``(I) The amount of money the government has
committed to the actions described in subparagraphs (A)
through (H).
``(6) Credible information.--The term `credible
information' includes all of the following:
``(A) Reports by the Department of State.
``(B) Reports of other Federal agencies, including
the Department of Labor's List of Goods Produced by
Child Labor or Forced Labor and List of Products
Produced by Forced Labor or Indentured Child Labor.
``(C) Documentation provided by a foreign country,
including--
``(i) copies of relevant laws, regulations,
and policies adopted or modified; and
``(ii) an official record of enforcement
actions taken, judicial proceedings, training
conducted, consultations conducted, programs
and partnerships launched, and services
provided.
``(D) Materials developed by civil society
organizations.
``(E) Information from survivors of human
trafficking, vulnerable persons, and whistleblowers.
``(F) All relevant media and academic reports that,
in light of reason and common sense, are worthy of
belief.
``(G) Information developed by multilateral
institutions.
``(H) An assessment of the impact of the actions
described in subparagraphs (A) through (I) of paragraph
(5) on the prevalence of human trafficking in the
country.''.
SEC. 3. SENSE OF CONGRESS.
(a) Private Sector Support to Strengthen Law Enforcement Agencies
and the Role of Private Businesses in Preventing and Combating Child
Sex Trafficking.--It is the sense of Congress that--
(1) the President should work with the private sector to
explore, develop, and use technology that strengthens Federal
law enforcement capabilities to combat traffickers and criminal
networks; and
(2) private businesses, both domestic and international,
should take every reasonable step to prevent and combat child
sex trafficking.
(b) Efforts to End Modern Slavery.--It is the sense of Congress
that any future authorization of appropriations to carry out the grant
program authorized under section 1298 of the Defense Authorization Act
for Fiscal Year 2017 (22 U.S.C. 7114) should simultaneously extend the
accountability provisions under subsections (c), (d), and (e) of such
section.
SEC. 4. PROHIBITION ON PLACEMENT OR RECRUITMENT FEES.
Section 106(g) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7104(g)) is amended--
(1) by redesignating clauses (i) through (iv) as paragraphs
(1) through (4), respectively, and moving such paragraphs 4 ems
to the left; and
(2) in paragraph (4), as redesignated--
(A) by redesignating subclauses (I) through (V) as
subparagraphs (A) through (E), respectively, and moving
such subparagraphs 4 ems to the left;
(B) in subparagraph (B), as redesignated, by
redesignating items (aa) and (bb) as clauses (i) and
(ii), respectively, and moving such clauses 4 ems to
the left; and
(C) in subparagraph (D), as redesignated, by
striking ``unreasonable placement or recruitment fees''
and all that follows through the period at the end and
inserting ``placement or recruitment fees.''.
SEC. 5. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
Section 108(b)(7) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7106(b)(7)) is amended by inserting ``or enable'' after
``condone''.
SEC. 6. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS.
Section 110(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107) is amended--
(1) in paragraph (1)--
(A) by striking ``The report should'' and inserting
``The report shall, to the extent concurrent reporting
data is available, cover efforts and activities taking
place during the period between April 1 of the year
preceding the report and March 31 of the year in which
the report is made, and should'';
(B) in subparagraph (A), by inserting ``based only
on concrete actions taken by the country that are
recorded during the reporting period'' after ``such
standards'';
(C) in subparagraph (B) by inserting ``based only
on concrete actions taken by the country (excluding any
commitments by the country to take additional future
steps during the next year) that are recorded during
the reporting period'' after ``compliance'';
(D) in subparagraph (F), by striking ``and'' at the
end;
(E) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(F) by adding at the end the following:
``(H) for each country included in a different list
than the country had been placed in the previous annual
report, a detailed explanation of how the concrete
actions (or lack of such actions) undertaken (or not
undertaken) by the country during the previous
reporting period contributed to such change, including
a clear linkage between such actions and the minimum
standards enumerated in section 108.'';
(2) in paragraph (2)--
(A) in subparagraph (A)(iii)--
(i) in subclause (I), by adding ``or'' at
the end;
(ii) in subclause (II), by striking ``;
or'' and inserting a period; and
(iii) by striking subclause (III);
(B) in subparagraph (B), by striking ``the last
annual report'' and inserting ``April 1 of the previous
year'';
(C) in subparagraph (D)(ii), by striking ``2
years'' and inserting ``1 year''; and
(D) in subparagraph (E)--
(i) in the subparagraph heading, by
striking ``Public'' and inserting
``Congressional''; and
(ii) by striking ``shall provide'' and all
that follows and inserting the following:
``shall--
``(i) provide a detailed description of the
credible information supporting such
determination on a publicly available website
maintained by the Department of State; and
``(ii) offer to brief the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives on any written plan submitted
by the country under subparagraph (D)(ii)(I),
with an opportunity to review the written
plan.'';
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the semicolon
at the end and inserting a period; and
(C) by adding at the end the following:
``(D) the extent to which the government of the
country is devoting sufficient budgetary resources--
``(i) to investigate and prosecute acts of
severe trafficking in persons;
``(ii) to convict and sentence persons
responsible for such acts; and
``(iii) to obtain restitution for victims
of human trafficking;
``(E) the extent to which the government of the
country is devoting sufficient budgetary resources--
``(i) to protect and support victims of
trafficking in persons; and
``(ii) to prevent severe forms of
trafficking in persons; and
``(F) the extent to which the government of the
country has consulted with domestic and international
civil society organizations that resulted in concrete
actions to improve the provision of services to victims
of trafficking in persons.''; and
(4) by adding at the end the following:
``(4) Action plans for countries upgraded to tier 2
watchlist.--
``(A) In general.--Not later than 180 days after
the release of the annual Trafficking in Persons
Report, the Secretary of State, acting through the
Ambassador-at-Large of the Office to Monitor and Combat
Trafficking and the Assistant Secretary of the
appropriate regional bureau, in consultation with
appropriate officials from the government of each
country described in paragraph (2)(A)(ii), and with the
assistance of the United States Ambassador or Charge
d'Affaires in each country, shall--
``(i) prepare an action plan for each
country upgraded from Tier 3 to Tier 2
Watchlist to further improve such country's
tier ranking under this subsection; and
``(ii) present the relevant action plan to
the government of each such country.
``(B) Contents.--Each action plan prepared under
this paragraph--
``(i) shall include specific concrete
actions to be taken by the country to
substantively address deficiencies preventing
the country from meeting Tier 2 standards,
based on credible information; and
``(ii) should be focused on short-term and
multi-year goals.
``(C) Briefings.--The Ambassador-at-Large of the
Office to Monitor and Combat Trafficking and all
appropriate regional Assistant Secretaries shall make
themselves available to brief the Committee on Foreign
Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the
Committee on Appropriations of the House of
Representatives on the implementation of each action
plan prepared under this paragraph.
``(D) Savings provision.--Nothing in this paragraph
may be construed as modifying--
``(i) minimum standards for the elimination
of trafficking under section 108; or
``(ii) the actions against governments
failing to meet minimum standards under this
section or the criteria for placement on the
Special Watch List under paragraph (2).''.
SEC. 7. COMMUNICATION WITH GOVERNMENTS OF COUNTRIES DESIGNATED AS TIER
2 WATCH LIST COUNTRIES ON THE TRAFFICKING IN PERSONS
REPORT.
(a) In General.--Not less than annually, the Secretary of State
shall provide, to the foreign minister of each country that has been
downgraded to a ``Tier 2 Watch List'' country pursuant to the
Trafficking in Persons report submitted under section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b))--
(1) a copy of the annual Trafficking in Persons report; and
(2) information pertinent to that country's downgrade,
including--
(A) confirmation of the country's designation to
the Tier 2 Watch List;
(B) the implications associated with such
designation and the consequences for the country of a
downgrade to Tier 3;
(C) the factors that contributed to the downgrade;
and
(D) the steps that the country must take to be
considered for an upgrade in status of designation.
(b) Sense of Congress Regarding Communications.--It is the sense of
Congress that, given the gravity of a Tier 2 Watch List designation,
the Secretary of State should communicate the information described in
subsection (a) to the foreign minister of any country downgraded to the
Tier 2 Watch List.
SEC. 8. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-TRAFFICKING
INTERVENTIONS IN MULTILATERAL DEVELOPMENT BANKS.
(a) Requirements.--The Secretary of the Treasury, in consultation
with the Secretary of State, acting through the Ambassador at Large for
Monitoring and Combating Trafficking in Persons, shall instruct the
United States Executive Director of each multilateral development bank
to initiate discussions with the other executive directors and
management of the respective multilateral development bank to--
(1) further develop anti-human trafficking provisions in
relevant project development, safeguards, procurement, and
evaluation policies;
(2) employing a risk-based approach, require human
trafficking risk assessments and integration plans as a routine
part of developing projects through existing, forthcoming or
new mechanisms and processes;
(3) support analyses of the impact of severe forms of
trafficking in persons on key indicators of economic and social
development and of the benefits of reducing human trafficking
on economic and social development;
(4) support the proactive integration of effective anti-
trafficking interventions into projects with the objectives of
enhancing development outcomes and reducing the incidence of
severe forms of trafficking in project areas;
(5) increase the capacity of multilateral development banks
and of recipient governments to conduct human trafficking risk
assessments and integrate anti-trafficking interventions into
projects;
(6) support the development of meaningful risk mitigation
and reduction policies, regulations, and strategies within the
multilateral development banks to reduce the incidence and
prevalence of severe forms of trafficking in persons and
enhance development outcomes that may be improved by reducing
the incidence and prevalence of human trafficking; and
(7) support the inclusion of human trafficking risk
analysis in the development of relevant country strategies by
each multilateral development bank.
(b) Briefings.--The Secretary of the Treasury shall make relevant
officials available to brief the Committee on Foreign Relations of the
Senate, the Committee on Appropriations of the Senate, the Committee on
Financial Services of the House of Representatives, and the Committee
on Appropriations of the House of Representatives on the implementation
of this section.
Passed the Senate December 17, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 1862
_______________________________________________________________________
AN ACT
To amend the Trafficking Victims Protection Act of 2000 to modify the
criteria for determining whether countries are meeting the minimum
standards for the elimination of human trafficking, and for other
purposes. | Trafficking Victims Protection Reauthorization Act of 2017 This bill amends the Trafficking Victims Protection Act of 2000 to modify: (1) the criteria for determining whether countries are meeting the minimum standards for the elimination of human trafficking, and (2) actions to be taken against countries that fail to meet such standards. The U.S. Agency for International Development shall incorporate child protection and anti-trafficking strategies into the development strategy for each country on the special watch list. The bill sets forth child soldier protection provisions. The U.S. Executive Director of each multilateral development bank shall initiate discussions to develop anti-human trafficking provisions in project development, procurement, and evaluation policies. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Medicare Cancer
Patient Database and Coverage Act of 2009''.
(b) Findings.--Congress finds the following:
(1) Each year, more than 1.4 million Americans receive a
cancer diagnosis, and more than 11 million Americans are
currently living with cancer.
(2) Newly diagnosed cancer patients need access to quality
health care from the time of diagnosis to ensure the best
possible outcome, and those entering the period of survivorship
require active monitoring and follow-up care related to effects
of cancer treatment and possible second cancers.
(3) More than 47 million Americans have no health
insurance, and this number includes many who will be diagnosed
with cancer this year.
(4) Among the non-elderly who receive a cancer diagnosis,
more than 10 percent are uninsured, and among minority
populations the percentage of uninsured cancer patients is
higher.
(5) Those with no insurance receive less cancer care and
receive it later: they have lower rates of cancer screening,
experience delays in follow-up after abnormal test results, and
are diagnosed at a more advanced stage of disease.
(6) Uninsured cancer patients receive less care than the
insured, and they may face substantial medical expenses leading
to bankruptcy.
(7) Young adults have worse cancer outcomes than young
children or older adults; experts believe part of the
discrepancy in cancer outcomes can be attributed to the fact
this population is less likely to be insured than others.
(8) The Medicare program is a source of medical insurance
for more than half of all cancer patients.
(9) The Medicare program eliminates financial barriers to
care for its beneficiaries and provides quality care to cancer
patients.
(10) Access to care, better cancer outcomes, and protection
from devastating out-of-pocket medical expenses could be
assured to cancer patients by providing all diagnosed with
cancer the opportunity to enroll in Medicare.
SEC. 2. IMPROVING CANCER DATABASE.
(a) In General.--The Secretary of Health and Human Services shall
collect such additional data as may be necessary to update existing
databases that contain data regarding individuals with cancer in the
United States in order to provide for accurate information of the
number of such individuals, the types and stages of cancer, and the
efficacy of different treatments for the types and stages of cancer.
(b) Data.--The database under subsection (a) shall include
information to monitor an individual's full experience with cancer
based upon the stage of the cancer, from the initial diagnosis to early
and continued treatment until elimination of evidence of cancer or
death.
(c) Increased Funding.--There are authorized to be appropriated to
the National Cancer Institute and the National Institutes of Health
such additional funding as may be necessary to apply the information in
the database for improved research and treatment of cancer, including
providing physicians with timely information on outcomes to improve the
treatment of cancer and to promote increased quality care.
SEC. 3. MEDICARE COVERAGE FOR UNINSURED CANCER PATIENTS.
(a) In General.--Title II of the Social Security Act is amended by
inserting after section 226A the following new section:
``special provisions relating to coverage under the medicare program
for cancer for uninsured, initial cancer patients
``Sec. 226B. (a) In General.--In accordance with the succeeding
provisions of this section, every individual shall be entitled to
benefits under part A, and eligible to enroll under parts B, C and D,
of title XVIII, subject to the deductible, premium and coinsurance
provisions of such title if the individual--
``(1) is medically determined to have an initial cancer;
``(2) is lawfully residing in the United States;
``(3) has not attained the age of 65 but would otherwise be
entitled under section 226(a) to hospital benefits under part A of
title XVIII;
``(4) is not covered by creditable coverage (as defined in
subsection (e)); and
``(5) has filed an application for benefits under this section.
``(b) Initiation and Duration of Benefits.--The period of
entitlement and eligibility described in subsection (a)--
``(1) shall begin on the first day of the first month
following the date of the medical determination of cancer
referred to in subsection (a)(1) (but no earlier than the month
preceding the month of the filing of an application for
benefits under this section); and
``(2) shall end on the date the individual becomes
otherwise entitled to benefits under part A of title XVIII
under section 226 or, if earlier, is covered under creditable
coverage.
``(c) Procedures.--
``(1) The Secretary shall ensure that processes are
established to prevent unnecessary delays in enrolling
individuals with cancer under this section. Individuals shall
be enrolled on a timely basis upon the filing of an application
described in subsection (a)(4) that includes evidence of an
initial cancer diagnosis and an attestation that the individual
satisfies the requirements of paragraphs (2) and (3) of
subsection (a).
``(2) The Secretary shall develop educational practices to
help ensure that individuals enrolling under this section
satisfy the criteria established under subsection (a) and shall
implement post-enrollment procedures for identifying
individuals who do not satisfy such criteria.
``(3) The Secretary shall implement procedures to ensure
that the benefits available under this section are not used as
a substitute for health benefits that employers or individuals
could otherwise provide, obtain, or maintain, and the Secretary
shall report to Congress by the end of each fiscal year on the
effectiveness of such procedures.
``(d) Cancers Excluded.--In this section, the term `cancer' does
not include basal cell carcinoma or squamous cell carcinoma of the
skin.
``(e) Creditable Coverage Defined.--In this section, the term
`creditable coverage' has the meaning given such term in section
2701(c) of the Public Health Service Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits for months beginning 6 months after the date of the
enactment of this Act.
SEC. 4. ENCOURAGEMENT OF EARLY DETECTION OF CANCER.
The Secretary of Health and Human Services shall, through existing
programs and other appropriate means, provide for such an educational
and outreach campaign as will encourage individuals to be tested for
cancer at the earliest time for which such testing may be useful in
detecting the presence of cancer, based upon cancer screening
recommendations of the United States Preventive Services Task Force. | Medicare Cancer Patient Database and Coverage Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to collect additional data necessary to update existing databases regarding individuals with cancer in order to provide for accurate information on the number of such individuals, the types and stages of cancer, and the efficacy of different treatments for the types and stages of cancer
Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to entitle uninsured, initial cancer patients to Medicare coverage.
Directs the Secretary to provide for an educational and outreach campaign that will encourage individuals to be tested for cancer at the earliest time for which such testing may be useful in detecting the presence of cancer, based upon cancer screening recommendations of the United States Preventive Services Task Force. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Regulatory Assistance
Act of 1998''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a system of confidential
voluntary compliance with Federal regulations that will--
(1) provide a low-cost process to significantly improve
voluntary compliance by small business concerns with Federal
regulations;
(2) improve the level of outreach to the small business
community; and
(3) provide for unbiased feedback to Federal agencies on
the small business regulatory environment.
SEC. 3. ESTABLISHMENT OF PROGRAM.
The Small Business Act (15 U.S.C. 637 et seq.) is amended by
inserting after section 21A the following:
``SEC. 21B. SMALL BUSINESS REGULATORY RELIEF.
``(a) Definitions.--In this section:
``(1) Assistant administrator.--The term `Assistant
Administrator' means the Assistant Administrator for Small
Business Development Centers of the Administration.
``(2) Compliance assistance plan.--The term `compliance
assistance plan' means a 5-year plan jointly developed and
revised annually by each participating agency, the Assistant
Administrator, and representatives of an association
representing a majority of small business development centers,
for the establishment and maintenance of the system of
voluntary compliance.
``(3) Participating agency.--The term `participating
agency' means--
``(A) the Internal Revenue Service of the
Department of the Treasury;
``(B) the Environmental Protection Agency; and
``(C) the Department of Labor.
``(4) Small business development center.--The term `small
business development center'--
``(A) means a small business development center
established pursuant to section 21; and
``(B) includes a consortium of 2 or more small
business development centers.
``(5) System of voluntary compliance.--The term `system of
voluntary compliance' means a system under which small business
development centers provide confidential assistance to 1 or
more small business concerns in achieving voluntary compliance
with regulatory requirements imposed on small business concerns
by a participating agency.
``(b) Duties of the Participating Agency--
``(1) Compliance assistance plan.--Not later than 90 days
after the enactment of the Small Business Regulatory Assistance
Act of 1998 and annually thereafter, each participating agency,
the Assistant Administrator, and representatives of an
association representing a majority of small business
development centers, shall agree to a compliance assistance
plan.
``(2) Contents of the compliance assistance plan.--The
compliance assistance plan agreed to under paragraph (1) shall
include--
``(A) the regulatory compliance objectives of each
participating agency;
``(B) the regulatory compliance priorities of each
participating agency;
``(C) identification of the types of services,
materials, and resources to be developed or used by
each participating agency;
``(D) identification of facilities, expertise, and
other resources of each participating agency that may
be accessed by the Assistant Administrator, a small
business development center, or a small business
concern participating in the system of voluntary
compliance established under this section; and
``(E) performance outcome measures and evaluation
criteria to be used by each participating agency in
evaluating the effectiveness of the system of voluntary
compliance established under this section.
``(c) Duties of the Office of Small Business Development Centers.--
``(1) Implementation and administration of the compliance
assistance plan.--
``(A) In general.--Based on the compliance
assistance plan agreed to under subsection (b)(1), not
later than 180 days after the date of enactment of the
Small Business Regulatory Assistance Act of 1998, the
Assistant Administrator, with the agreement of an
association representing a majority of small business
development centers, shall develop and publish
guidelines for the establishment by small business
development centers of the system of voluntary
compliance in accordance with this section.
``(B) Guideline requirements.--The guidelines
published under subparagraph (A) shall--
``(i) establish priorities for the types of
assistance to be provided to small business
concerns under the system of voluntary
compliance established by small business
development centers under this section; and
``(ii) establish standards relating to
educational, technical, and support services
required by small business development centers
to provide a system of voluntary compliance.
``(C) Program delivery.--The guidelines established
under subparagraph (A) shall--
``(i) require that the assistance to small
business concerns participating in the system
of voluntary compliance under this section to
be carried out by small business development
centers, which shall, to the maximum extent
practicable, access other existing Federal and
State nonpunitive, compliance and technical
assistance programs, including, but not limited
to, the technical and environmental compliance
assistance programs established under section
507 of the Clean Air Act Amendments of 1990;
and
``(ii) provide that certain national
service delivery and support requirements be
carried out under contract with an association
representing the majority of small business
development centers.
``(D) Issuance of grant.--Not later than 150 days
after the submission of work plans under subsection
(d)(1), the Assistant Administrator shall make a grant
to each small business development center to carry out
the system of voluntary compliance.
``(d) Duties of Small Business Development Centers.--
``(1) Work plan.--Beginning not later that 60 days after
the date on which the guidelines are published by the Assistant
Administrator under subsection (c)(1)(A), each small business
development center shall, on an annual basis, submit to the
Assistant Administrator a work plan under which the small
business development center will carry out the system of
voluntary compliance in accordance with such guidelines.
``(2) Assistance provided.--
``(A) In general.--Subject to subparagraph (B), the
assistance to small business concerns participating in
the system of voluntary compliance shall include--
``(i) access to information and resources;
``(ii) training and educational activities;
``(iii) confidential, free-of-charge, one-
on-one in-depth counseling;
``(iv) technical assistance; and
``(v) referrals to experts.
``(B) Exception for legal services.--No small
business development center (or any person relied on by
a small business development center in providing
assistance under this section) shall provide legal
services, other than the provision of basic business
law information, without the endorsement of the State
Bar Association of each State in which the small
business development center (or any person relied on by
a small business development center in providing
assistance under this section) are providing services
under this section.
``(3) Reports; recommendations--
``(A) In general.--Each small business development
center receiving assistance under this section shall,
on an annual basis, submit to the Assistant
Administrator a report on the assistance provided by
the small business development center under this
section.
``(B) Privacy protection.--No small business
development center (or any person relied on by a small
business development center in providing assistance
under this section) shall be required to disclose the
name or address of any small business concern
participating in the system of voluntary compliance
under this section.
``(C) Audits.--Subparagraph (B) shall not be
construed to prevent the Assistant Administrator or the
Inspector General of the Administration from auditing a
small business development center (or any person relied
on by a small business development center in providing
assistance under this section).
``(e) Evaluations.--
``(1) Annual report.--The Assistant Administrator shall, on
an annual basis, submit to the Committees on Small Business of
the Senate and the House of Representatives and to the
Regulatory Fairness Board established under section 29 a
report, which shall include--
``(A) a description of the types of assistance
provided by small business development centers to small
business concerns participating in the system of
voluntary compliance;
``(B) the level of outreach to small business
concerns achieved by small business development centers
under this section; and
``(C) recommendations for improvements in the
regulation of small business concerns participating in
the system of voluntary compliance.
``(2) Independent national assessment.--Upon the expiration
of the 3-year period beginning on the date on which a majority
of small business development centers have received grants to
begin implementation of the work plans described under
subsection (d)(1), the Comptroller General of the United States
shall provide for an evaluation of the system of voluntary
compliance established under this section which shall be
submitted to the Committees on Small Business of the Senate and
the House of Representatives.
``(f) Funding.--
``(1) In general.--Subject to paragraph (2), the total
amount received under this section in any fiscal year by small
business development centers located in a State shall not
exceed the sum of--
``(A) the State's pro rata share of the amount made
available under subsection (g), based on the population
of the State as compared to the total population in the
United States; and
``(B) $300,000.
``(2) Exception.--Amounts made available to a small
business development center by the Administration or another
agency to carry out section 21(c)(3)(G) shall not be included
in the calculation of maximum funding of a small business
development center under paragraph (1).
``(3) Exemption from matching requirement.--Amounts made
available to a small business development center under this
section shall not be subject to the matching funds requirements
or the eligibility requirements of section 21(a)(4).
``(4) Certification requirement.--
``(A) In general.--Subject to subparagraph (B),
after September 30, 2000, the Assistant Administrator
may not make any amount available under this section to
a small business development center, unless the small
business development center (or with respect to a
consortium of small business development centers
receiving assistance under this section as a single
grantee, each center within consortium) has been
approved under the certification program under section
21(k)(2).
``(B) Waiver.--The Associate Administrator may
waive the requirements of subparagraph (A) with respect
to a small business development center if the Associate
Administrator determines that the small business
development center is making a good faith effort to
obtain the certification described in subparagraph (A).
``(5) Administrative costs.--Not more than 2 percent of the
amount made available under subsection (g) in each fiscal year
may be used by the Assistant Administrator for the costs of
administration, evaluation, and reporting under this section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $40,000,000 for fiscal year 1999;
``(2) $50,000,000 for fiscal year 2000;
``(3) $62,000,000 for fiscal year 2001; and
``(4) $77,000,000 for fiscal year 2002.''. | Small Business Regulatory Assistance Act of 1998 - Amends the Small Business Act to require each participating Federal agency (the Internal Revenue Service, Environmental Protection Agency, and Department of Labor), the Assistant Administrator for Small Business Development Centers of the Small Business Administration, and representatives of an association representing a majority of small business development centers (SBDCs) to agree to a small business regulatory compliance assistance plan.
Directs the Assistant Administrator to develop and publish guidelines for the establishment by SBDCs of a system of small business voluntary regulatory compliance (system), with specified guideline requirements. Outlines the assistance to be provided to participating small businesses, with an exception concerning legal services.
Requires annual reports from: (1) each SBDC to the Assistant Administrator on assistance provided; and (2) the Assistant Administrator to the House and Senate Small Business Committees and the Regulatory Fairness Board concerning the assistance provided under this Act, the level of outreach to small businesses achieved by SBDCs, and recommendations for improvements in the regulation of small businesses participating in the system. Directs the Comptroller General to evaluate the system and submit findings to such Committees.
Provides State funding limits for such assistance, with exceptions and an exemption from matching requirements.
Prohibits the Assistant Administrator from providing any funds to an SBDC after September 30, 2000, unless such SBDC has been approved for funding under a certification requirement (with a waiver for a good faith effort to achieve such certification).
Authorizes appropriations for FY 1999 through 2002. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Research Act of 2007''.
SEC. 2. ADVANCED RESEARCH PROJECTS ADMINISTRATION-ENERGY.
(a) Establishment.--There is established the Advanced Research
Projects Administration-Energy (referred to in this section as ``ARPA-
E'').
(b) Goals.--The goals of ARPA-E are to reduce the quantity of
energy the United States imports from foreign sources and to improve
the competitiveness of the United States economy by--
(1) promoting revolutionary changes in the critical
technologies that would promote energy competitiveness;
(2) turning cutting-edge science and engineering into
technologies for energy and environmental application; and
(3) accelerating innovation in energy and the environment
for both traditional and alternative energy sources and in
energy efficiency mechanisms to--
(A) reduce energy use;
(B) decrease the reliance of the United States on
foreign energy sources; and
(C) improve energy competitiveness.
(c) Director.--
(1) In general.--ARPA-E shall be headed by a Director
(referred to in this section as the ``Director'') appointed by
the President.
(2) Positions at level v.--Section 5316 of title 5, United
States Code, is amended by adding at the end the following:
``Director, Advanced Research Projects Administration-
Energy.''.
(d) Duties.--
(1) In general.--In carrying out this section, the Director
shall award competitive grants, cooperative agreements, or
contracts to institutions of higher education, companies, or
consortia of such entities (which may include federally funded
research and development centers) to achieve the goal described
in subsection (b) through acceleration of--
(A) energy-related research;
(B) development of resultant techniques, processes,
and technologies, and related testing and evaluation;
and
(C) demonstration and commercial application of the
most promising technologies and research applications.
(2) Small-business concerns.--The Director shall carry out
programs established under this section, to the maximum extent
practicable, in a manner that is similar to the Small Business
Innovation Research Program established under section 9 of the
Small Business Act (15 U.S.C. 638) to ensure that small-
business concerns are fully able to participate in the
programs.
(e) Personnel.--
(1) Program managers.--
(A) Appointment.--The Director shall appoint
employees to serve as program managers for each of the
programs that are established to carry out the duties
of ARPA-E under this section.
(B) Duties.--Program managers shall be responsible
for--
(i) establishing research and development
goals for the program, as well as publicizing
goals of the program to the public and private
sectors;
(ii) soliciting applications for specific
areas of particular promise, especially areas
for which the private sector cannot or will not
provide funding;
(iii) selecting research projects for
support under the program from among
applications submitted to ARPA-E, based on--
(I) the scientific and technical
merit of the proposed projects;
(II) the demonstrated capabilities
of the applicants to successfully carry
out the proposed research project; and
(III) such other criteria as are
established by the Director; and
(iv) monitoring the progress of projects
supported under the program.
(2) Other personnel.--
(A) In general.--Subject to subparagraph (B), the
Director shall appoint such employees as are necessary
to carry out the duties of ARPA-E under this section.
(B) Limitations.--The Director shall appoint not
more than 250 employees to carry out the duties of
ARPA-E under this section, including not less than 180
technical staff, of which--
(i) not less than 20 staff shall be senior
technical managers (including program managers
designated under paragraph (1)); and
(ii) not less than 80 staff shall be
technical program managers.
(3) Experimental personnel authority.--In appointing
personnel for ARPA-E, the Director shall have the hiring and
management authorities described in section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 5 U.S.C. 3104 note).
(4) Maximum duration of employment.--
(A) Program managers and senior technical
managers.--
(i) In general.--Subject to clause (ii), a
program manager and a senior technical manager
appointed under this subsection shall serve for
a term not to exceed 4 years after the date of
appointment.
(ii) Extensions.--The Director may extend
the term of employment of a program manager or
a senior technical manager appointed under this
subsection for not more than 4 years through 1
or more 2-year terms.
(B) Technical program managers.--A technical
program manager appointed under this subsection shall
serve for a term not to exceed 6 years after the date
of appointment.
(5) Location.--The office of an officer or employee of
ARPA-E shall not be located in the headquarters of the
Department of Energy.
(f) Transactions Other Than Contracts and Grants.--
(1) In general.--To carry out projects through ARPA-E, the
Director may enter into transactions (other than contracts,
cooperative agreements, and grants) to carry out advanced
research projects under this section under similar terms and
conditions as the authority is exercised under section 646(g)
of the Department of Energy Organization Act (42 U.S.C.
7256(g)).
(2) Peer review.--Peer review shall not be required for 75
percent of the research projects carried out by the Director
under this section.
(g) Prizes for Advanced Technology Achievements.--The Director may
carry out a program to award cash prizes in recognition of outstanding
achievements in basic, advanced, and applied research, technology
development, and prototype development that have the potential for
application to the performance of the mission of ARPA-E under similar
terms and conditions as the authority is exercised under section 1008
of the Energy Policy Act of 2005 (42 U.S.C. 16396).
(h) Coordination of Activities.--The Director--
(1) shall ensure that the activities of ARPA-E are
coordinated with activities of Department of Energy offices and
outside agencies; and
(2) may carry out projects jointly with other agencies.
(i) Report.--Not later than September 30, 2008, the Director shall
submit to Congress a report on the activities of ARPA-E under this
section, including a recommendation on whether ARPA-E needs an energy
research laboratory.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $300,000,000 for fiscal year 2008;
(2) $600,000,000 for fiscal year 2009;
(3) $1,100,000,000 for fiscal year 2010;
(4) $1,500,000,000 for fiscal year 2011; and
(5) $2,000,000,000 for fiscal year 2012. | Energy Research Act of 2007 - Establishes the Advanced Research Projects Administration - Energy (ARPA-E) to reduce foreign energy imports and to improve the competitiveness of the U.S. economy by: (1) promoting revolutionary changes in the critical technologies that would promote energy competitiveness; (2) turning cutting-edge science and engineering into technologies for energy and environmental application; and (3) accelerating innovation in energy and the environment for both traditional and alternative energy sources and in energy efficiency mechanisms to reduce energy use.
Requires the ARPA-E Director to award competitive grants, cooperative agreements, or contracts to institutions of higher education, companies, or consortia of such entities (which may include federally funded research and development centers).
Requires the Director to implement such programs in a manner similar to the Small Business Innovation Research Program in order to ensure that small-business concerns are fully able to participate in the programs.
Authorizes the Director to carry out a program to award cash prizes in recognition of outstanding achievements with potential application to the mission of ARPA-E. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Safety Net Enhancement
Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) As noted in the 2006 Institute of Medicine report,
``The Future of Emergency Care'', the availability of on-call
specialists is an acute problem in emergency departments and
trauma centers requiring attention to identified barriers such
as liability reform.
(2) Also acknowledged in the 2006 IOM report, emergency and
trauma care is delivered in an inherently challenging
environment, often requiring emergency physicians and trauma
surgeons to make life-and-death decisions with little time or
information or without a standing relationship with the
patient. For these reasons, physicians providing emergency and
trauma care face extraordinary exposure to medical liability
claims, which are far higher than for those physicians who do
not provide such care.
(3) Younger surgeons, who often take the on-call shifts at
trauma centers, are leaving States with the most severe
liability problems. For example, according to the Project on
Medical Liability in Pennsylvania, funded by the Pew Charitable
Trust, resident physicians in high-risk fields such as general
surgery and emergency medicine named malpractice costs as the
reason for leaving the State three times more often than any
other factor.
(4) Further, an American Hospital Association study found
that more than 50 percent of hospitals in medical liability
crisis States now have trouble recruiting physicians, and 40
percent say the liability situation has resulted in less
physician coverage for their emergency departments. The crisis
has even forced the closure of trauma centers in Florida,
Mississippi, Nevada, Pennsylvania, and West Virginia at various
times in recent years.
(5) Specialties that have experienced particularly high
premium increases, including neurosurgery, orthopaedics, and
general surgery, are also among those services that emergency
patients most frequently require.
(6) According to a report from the General Accountability
Office, soaring medical liability premiums have led specialists
to reduce or stop on-call services to hospital emergency
departments, seriously inhibiting patient access to emergency
surgical services.
(7) The Department of Health and Human Services'
congressionally created EMTALA technical advisory group (TAG)
recognized that professional liability insurance is a concern
for providers and that having protections would increase
coverage in the emergency department. The TAG recommended that
the Department of Health and Human Services act to support
amending the EMTALA statute to include liability protection for
hospitals, physicians, and other licensed independent
practitioners who provide services to patients covered by
EMTALA.
SEC. 3. CONSTITUTIONAL AUTHORITY.
The constitutional authority upon which this Act rests is the power
of the Congress to provide for the general welfare, to regulate
commerce, and to make all laws which shall be necessary and proper for
carrying into execution Federal powers, as enumerated in section 8 of
article I of the Constitution of the United States.
SEC. 4. PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED
PURSUANT TO EMTALA.
Section 224(g) of the Public Health Service Act (42 U.S.C. 233(g))
is amended--
(1) in paragraph (4), by striking ``An entity'' and
inserting ``Subject to paragraph (6), an entity''; and
(2) by adding at the end the following:
``(6)(A) For purposes of this section--
``(i) an entity described in subparagraph (B) shall
be considered to be an entity described in paragraph
(4); and
``(ii) the provisions of this section shall apply
to an entity described in subparagraph (B) in the same
manner as such provisions apply to an entity described
in paragraph (4), except that--
``(I) notwithstanding paragraph (1)(B), the
deeming of any entity described in subparagraph
(B), or of an officer, governing board member,
employee, contractor, or on-call provider of
such an entity, to be an employee of the Public
Health Service for purposes of this section
shall apply only with respect to items and
services that are furnished to an individual
pursuant to section 1867 of the Social Security
Act and to post stabilization services (as
defined in subparagraph (D)) furnished to such
an individual;
``(II) nothing in paragraph (1)(D) shall be
construed as preventing a physician or
physician group described in subparagraph
(B)(ii) from making the application referred to
in such paragraph or as conditioning the
deeming of a physician or physician group that
makes such an application upon receipt by the
Secretary of an application from the hospital
or emergency department that employs or
contracts with the physician or group, or
enlists the physician or physician group as an
on-call provider;
``(III) notwithstanding paragraph (3), this
paragraph shall apply only with respect to
causes of action arising from acts or omissions
that occur on or after January 1, 2010;
``(IV) paragraph (5) shall not apply to a
physician or physician group described in
subparagraph (B)(ii);
``(V) the Attorney General, in consultation
with the Secretary, shall make separate
estimates under subsection (k)(1) with respect
to entities described in subparagraph (B) and
entities described in paragraph (4) (other than
those described in subparagraph (B)), and the
Secretary shall establish separate funds under
subsection (k)(2) with respect to such groups
of entities, and any appropriations under this
subsection for entities described in
subparagraph (B) shall be separate from the
amounts authorized by subsection (k)(2);
``(VI) notwithstanding subsection (k)(2),
the amount of the fund established by the
Secretary under such subsection with respect to
entities described in subparagraph (B) may
exceed a total of $10,000,000 for a fiscal
year; and
``(VII) subsection (m) shall not apply to
entities described in subparagraph (B).
``(B) An entity described in this subparagraph is--
``(i) a hospital or an emergency department to
which section 1867 of the Social Security Act applies;
and
``(ii) a physician or physician group that is
employed by, is under contract with, or is an on-call
provider of such hospital or emergency department, to
furnish items and services to individuals under such
section.
``(C) For purposes of this paragraph, the term `on-call
provider' means a physician or physician group that--
``(i) has full, temporary, or locum tenens staff
privileges at a hospital or emergency department to
which section 1867 of the Social Security Act applies;
and
``(ii) is not employed by or under contract with
such hospital or emergency department, but agrees to be
ready and available to provide services pursuant to
section 1867 of the Social Security Act or post-
stabilization services to individuals being treated in
the hospital or emergency department with or without
compensation from the hospital or emergency department.
``(D) For purposes of this paragraph, the term `post
stabilization services' means, with respect to an individual
who has been treated by an entity described in subparagraph (B)
for purposes of complying with section 1867 of the Social
Security Act, services that are--
``(i) related to the condition that was so treated;
and
``(ii) provided after the individual is stabilized
in order to maintain the stabilized condition or to
improve or resolve the condition of the individual.
``(E)(i) Nothing in this paragraph (or in any other
provision of this section as such provision applies to entities
described in subparagraph (B) by operation of subparagraph (A))
shall be construed as authorizing or requiring the Secretary to
make payments to such entities, the budget authority for which
is not provided in advance by appropriation Acts.
``(ii) The Secretary shall limit the total amount of
payments under this paragraph for a fiscal year to the total
amount appropriated in advance by appropriation Acts for such
purpose for such fiscal year. If the total amount of payments
that would otherwise be made under this paragraph for a fiscal
year exceeds such total amount appropriated, the Secretary
shall take such steps as may be necessary to ensure that the
total amount of payments under this paragraph for such fiscal
year does not exceed such total amount appropriated.''. | Health Care Safety Net Enhancement Act of 2009 - Amends the Public Health Service Act to deem a hospital or an emergency department and a physician or physician group of such hospital or emergency department to be an employee of the Public Health Service for purposes of any civil action that may arise due to providing emergency and post-stabilization services on or after January 1, 2010. | billsum_train |
Give a brief overview of the following text: SECTION 1. 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. PERMANENT EXTENSION AND INCREASE OF AMERICAN OPPORTUNITY TAX
CREDIT.
(a) Permanent Extension of Credit; Increase of Credit Amount.--
Section 25A is amended--
(1) by striking ``$1,000'' each place it appears in
subsection (b)(1) and inserting ``$2,000'',
(2) by striking ``the applicable limit'' in subsection
(b)(1)(B) and inserting ``$4,000'',
(3) by striking paragraph (4) of subsection (b),
(4) by striking ``2 taxable years'' in the heading of
subparagraph (A) of subsection (b)(2) and inserting ``4 taxable
years'',
(5) by striking ``2 prior taxable years'' in subsection
(b)(2)(A) and inserting ``4 prior taxable years'',
(6) by striking ``2 years'' in the heading of subparagraph
(C) of subsection (b)(2) and inserting ``4 years'',
(7) by striking ``first 2 years'' in subsection (b)(2)(C)
and inserting ``first 4 years'',
(8) by striking ``tuition and fees'' in subparagraph (A) of
subsection (f)(1) and inserting ``tuition, fees, and course
materials'',
(9) by striking paragraphs (1) and (2) of subsection (d)
and inserting the following new paragraphs:
``(1) Hope scholarship credit.--The amount which would (but
for this paragraph) be taken into account under paragraph (1)
of subsection (a) for the taxable year shall be reduced (but
not below zero) by the amount which bears the same ratio to the
amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $80,000 ($160,000 in the case of a
joint return), bears to
``(B) $10,000 ($20,000 in the case of a joint
return).
``(2) Lifetime learning credit.--The amount which would
(but for this paragraph) be taken into account under paragraph
(2) of subsection (a) for the taxable year shall be reduced
(but not below zero) by the amount which bears the same ratio
to the amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $40,000 ($80,000 in the case of a
joint return), bears to
``(B) $10,000 ($20,000 in the case of a joint
return).'',
(10) by striking ``Dollar limitation on amount of credit''
in the heading of paragraph (1) of subsection (h) and inserting
``Hope scholarship credit'',
(11) by striking ``2001'' in subsection (h)(1)(A) and
inserting ``2011'',
(12) by striking ``the $1,000 amounts under subsection
(b)(1)'' in subsection (h)(1)(A) and inserting ``the dollar
amounts under subsections (b)(1) and (d)(1)'',
(13) by striking ``calendar year 2000'' in subsection
(h)(1)(A)(ii) and inserting ``calendar year 2010'',
(14) by striking ``If any amount'' and all that follows in
subparagraph (B) of subsection (h)(1) and inserting ``If any
amount under subsection (b)(1) as adjusted under subparagraph
(A) is not a multiple of $100, such amount shall be rounded to
the next lowest multiple of $100. If any amount under
subsection (d)(1) as adjusted under subparagraph (A) is not a
multiple of $1,000, such amount shall be rounded to the next
lowest multiple of $1,000.'',
(15) by inserting ``of lifetime learning credit'' after
``Income limits'' in the heading of paragraph (2) of subsection
(h),
(16) by adding at the end of subsection (b) the following
new paragraphs:
``(4) Credit allowed against alternative minimum tax.--In
the case of a taxable year to which section 26(a)(2) does not
apply, so much of the credit allowed under subsection (a) as is
attributable to the Hope Scholarship Credit 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 this
subpart (other than this subsection and sections 23,
25D, and 30D) and section 27 for the taxable year.
Any reference in this section or section 24, 25, 25B, 26, 904,
or 1400C to a credit allowable under this subsection shall be
treated as a reference to so much of the credit allowable under
subsection (a) as is attributable to the Hope Scholarship
Credit.
``(5) Portion of credit made refundable.--40 percent of so
much of the credit allowed under subsection (a) as is
attributable to the Hope Scholarship Credit (determined after
the application of subsection (d)(1) and without regard to this
paragraph and section 26(a)(2) or paragraph (4), as the case
may be) shall be treated as a credit allowable under subpart C
(and not allowed under subsection (a)). The preceding sentence
shall not apply to any taxpayer for any taxable year if such
taxpayer is a child to whom subsection (g) of section 1 applies
for such taxable year.'', and
(17) by striking subsection (i).
(b) Conforming Amendments.--
(1) Section 24(b)(3)(B) is amended by striking ``25A(i)''
and inserting ``25A(b)''.
(2) Section 25(e)(1)(C)(ii) is amended by striking
``25A(i)'' and inserting ``25A(b)''.
(3) Section 26(a)(1) is amended by striking ``25A(i)'' and
inserting ``25A(b)''.
(4) Section 25B(g)(2) is amended by striking ``25A(i)'' and
inserting ``25A(b)''.
(5) Section 904(i) is amended by striking ``25A(i)'' and
inserting ``25A(b)''.
(6) Section 1400C(d)(2) is amended by striking ``25A(i)''
and inserting ``25A(b)''.
(7) Section 6211(b)(4)(A) is amended by striking ``25A by
reason of subsection (i)(6) thereof'' and inserting ``25A by
reason of subsection (b)(5) thereof''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
(d) Application of EGTRRA Sunset.--The amendment made by subsection
(b)(1) shall be subject to title IX of the Economic Growth and Tax
Relief Reconciliation Act of 2001 in the same manner as the provision
of such Act to which such amendment relates.
SEC. 3. PERMANENT EXTENSION OF CERTAIN EGTRRA PROVISIONS RELATING TO
EDUCATION.
(a) In General.--Title IX of the Economic Growth and Tax Relief
Reconciliation Act of 2001 shall not apply to the amendments made by
sections 401, 402, 411, 412, 413, and 431 of such Act.
(b) Conforming Amendment.--Section 222 is amended by striking
subsection (e).
(c) Effective Date.--The amendment made by subsection (b) shall
apply to taxable years beginning after December 31, 2009.
SEC. 4. PERMANENT EXTENSION OF DEDUCTION FOR CERTAIN EXPENSES OF
ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) In General.--Subparagraph (D) of section 62(a)(2) is amended by
striking ``during 2002, 2003, 2004, 2005, 2006, 2007, 2008, or 2009''
and inserting ``after 2001''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2009.
SEC. 5. PERMANENT EXTENSION OF QUALIFIED ZONE ACADEMY BONDS.
(a) In General.--Paragraph (1) of section 54E(c) is amended by
striking ``and, except as provided in paragraph (4), zero thereafter''
and inserting ``and, except as provided in paragraph (5), $700,000,000
for each calendar year thereafter''.
(b) Inflation Adjustment.--Subsection (c) of section 54E is amended
by adding at the end the following new paragraph:
``(5) Inflation adjustment.--In the case of any calendar
year after 2011, the $700,000,000 amount in paragraph (1) shall
be increased by an amount equal to--
``(A) such amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2010' for `calendar year
1992' in subparagraph (B) thereof.
If any increase determined under this paragraph is not a
multiple of $1,000,000, such increase shall be rounded to the
next lowest multiple of $1,000,000.''.
(c) Credits Not To Be Stripped.--Section 54E is amended by adding
at the end the following new subsection:
``(e) Credits Not To Be Stripped.--Subsection (i) of section 54A
shall not apply with respect to any qualified zone academy bond.''.
(d) Davis-Bacon Rules Not To Apply to QZABs or School Construction
Bonds.--Section 1601 of the American Recovery and Reinvestment Act of
2009 is amended by striking paragraphs (3) and (4), by inserting
``and'' at the end of paragraph (2), and by redesignating paragraph (5)
as paragraph (3).
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to obligations
issued after December 31, 2010.
(2) Davis-bacon rules.--The amendments made by subsection
(d) shall apply to obligations issued after the date of the
enactment of this Act.
SEC. 6. PERMANENT EXTENSION OF SCHOOL CONSTRUCTION BONDS.
(a) In General.--Subsection (c) of section 54F is amended--
(1) by striking paragraph (3),
(2) by inserting ``and'' at the end of paragraph (1), and
(3) by striking ``for 2010, and'' in paragraph (2) and
inserting ``thereafter.''.
(b) Allocations for Indian Schools.--Paragraph (4) of section
54F(d) is amended by striking ``for calendar year 2010'' and inserting
``for each calendar year after 2009''.
(c) Extension of Small Issuer Exception.--
(1) In general.--Clause (vii) of section 148(f)(4)(D) is
amended by striking ``$10,000,000'' and inserting
``$15,000,000''.
(2) Elimination of egtrra sunset.--Title IX of the Economic
Growth and Tax Relief Reconciliation Act of 2001 shall not
apply to the amendments made by section 421 of such Act.
(d) Credits Not To Be Stripped.--Section 54F is amended by adding
at the end the following new subsection:
``(f) Credits Not To Be Stripped.--Subsection (i) of section 54A
shall not apply with respect to any qualified school construction
bond.''.
(e) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2010.
SEC. 7. PERMANENT EXTENSION AND MODIFICATION OF SECTION 529 RULES.
(a) In General.--Clause (iii) of section 529(e)(3)(A) is amended by
striking ``in 2009 or 2010''.
(b) Ability To Change Investment Options.--Subsection (e) of
section 529 is amended by adding at the end the following new
paragraph:
``(6) Allowable change of investment options.--A program
shall not fail to be treated as meeting the requirements of
subsection (b)(4) merely because such program allows a
designated beneficiary to change investment options under the
plan not more than 4 times per year.''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2010.
(2) Investment options.--The amendment made by subsection
(b) shall apply to taxable years beginning after December 31,
2009. | Amends the Internal Revenue Code to: (1) increase and make permanent the Hope Scholarship and Lifetime Learning tax credits; (2) make permanent the tax deduction for certain expenses of elementary and secondary school teachers; (3) make permanent the issuance authority for qualified zone academy bonds and qualified school construction bonds; and (4) make permanent provisions of the qualified tuition program allowing payment of computer technology or equipment.
Repeals the termination date (i.e., December 31, 2010) of the Economic Growth Tax Relief Reconciliation Act for the education provisions of that Act, including modifications to education individual retirement accounts and qualified tuition programs, employer-provided educational assistance, student loan assistance and forgiveness, arbitrage rebates for government financing of educational facilities, and tax deductions for higher education expenses. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Community Nursing
Organization Demonstration Project Revision and Extension Act of
2000''.
SEC. 2. REVISED TERMS AND CONDITIONS FOR EXTENSION OF MEDICARE
COMMUNITY NURSING ORGANIZATION (CNO) DEMONSTRATION
PROJECT.
(a) In General.--Section 532 of the Medicare, Medicaid, and SCHIP
Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-388), as
enacted into law by section 1000(a)(6) of Public Law 106-113, is
amended--
(1) in subsection (a), by striking the second sentence; and
(2) by striking subsection (b) and inserting the following:
``(b) Terms and Conditions.--
``(1) January through september 2000.--For the 9-month
period beginning with January 2000, any such demonstration
project shall be conducted under the same terms and conditions
as applied to such demonstration during 1999.
``(2) October 2000 through december 2001.--For the 15-month
period beginning with October 2000, any such demonstration
project shall be conducted under the same terms and conditions
as applied to such demonstration during 1999, except that the
following modifications shall apply:
``(A) Basic capitation rate.--The basic capitation
rate paid for services covered under the project (other
than case management services) per enrollee per month
shall be basic capitation rate paid for such services
for 1999, reduced by 10 percent in the case of the
demonstration sites located in Arizona, Minnesota, and
Illinois, and 15 percent for the demonstration site
located in New York.
``(B) Targeted case management fee.--A case
management fee shall be paid only for enrollees who are
classified as `moderate' or `at risk' through a
baseline health assessment (as required for
Medicare+Choice plans under section 1852(e) of the
Social Security Act (42 U.S.C.1395ww-22(e)).
``(C) Greater uniformity in clinical features among
sites.--Each project shall implement for each site--
``(i) protocols for periodic telephonic
contact with enrollees based on--
``(I) the results of such
standardized written health assessment;
and
``(II) the application of
appropriate care planning approaches;
``(ii) disease management programs for
targeted diseases (such as congestive heart
failure, arthritis, diabetes, and hypertension)
that are highly prevalent in the enrolled
populations;
``(iii) systems and protocols to track
enrollees through hospitalizations, including
pre-admission planning, concurrent management
during inpatient hospital stays, and post-
discharge assessment, planning, and follow-up;
and
``(iv) standardized patient educational
materials for specified diseases and health
conditions.
``(D) Quality improvement.--Each project shall
implement at each site once during the 15-month
period--
``(i) enrollee satisfaction surveys; and
``(ii) reporting on specified quality
indicators for the enrolled population.
``(c) Evaluation.--
``(1) Preliminary report.--Not later than July 1, 2001, the
Secretary of Health and Human Services shall submit to the
Committees on Ways and Means and Commerce of the House of
Representatives and the Committee on Finance of the Senate a
preliminary report that--
``(A) evaluates such demonstration projects for the
period beginning July 1, 1997, and ending December 31,
1999, on a site-specific basis with respect to the
impact on per beneficiary spending, specific health
utilization measures, and enrollee satisfaction; and
``(B) includes a similar evaluation of such
projects for the portion of the extension period that
occurs after September 30, 2000.
``(2) Final report.--The Secretary shall submit a final
report to such Committees on such demonstration projects not
later than July 1, 2002. Such report shall include the same
elements as the preliminary report required by paragraph (1),
but for the period after December 31, 1999.
``(3) Methodology for spending comparisons.--Any evaluation
of the impact of the demonstration projects on per beneficiary
spending included in such reports shall be based on a
comparison of--
``(A) data for all individuals who--
``(i) were enrolled in such demonstration
projects as of the first day of the period
under evaluation; and
``(ii) were enrolled for a minimum of 6
months thereafter; with
``(B) data for a matched sample of individuals who
are enrolled under part B of title XVIII of the Social
Security Act and are not enrolled in such a project, or
in a Medicare+Choice plan under part C of such title, a
plan offered by an eligible organization under section
1876 of such Act, or a health care prepayment plan
under section 1833(a)(1)(A) of such Act.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as if included in the enactment of section 532 of the
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999
(113 Stat. 1501A-388), as enacted into law by section 1000(a)(6) of
Public Law 106-113. | Makes this Act effective as if its amendments were included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999. | billsum_train |
Provide a condensed version of the following text: OF CONFLICTS.
To the extent permitted by law, disagreements or conflicts between
or among agency heads or between OMB and any agency that cannot be
resolved by the Administrator of OIRA shall be resolved by the
President or a designee of the President.
SEC. 8. PUBLICATION.
Except to the extent required by law, an agency shall not publish
in the Federal Register or otherwise issue to the public any regulatory
action that is subject to review under section 6 until--
(1) the Administrator of OIRA notifies the agency that OIRA
has waived its review of the action or has completed its review
without any requests for further consideration, or
(2) the applicable time period in section 6(b)(2) expires
without OIRA having notified the agency that it is returning
the regulatory action for further consideration under section
6(b)(3),
whichever occurs first. If the terms of the preceding sentence have not
been satisfied and an agency wants to publish or otherwise issue a
regulatory action, the head of that agency may request Presidential
consideration through the Administrator of OIRA, as provided under
section 8. Upon receipt of this request, the Administrator of OIRA
shall notify the Advisers. The guidelines and time period set forth in
section 8 shall apply to the publication of regulatory actions for
which Presidential consideration has been sought.
SEC. 9. AGENCY AUTHORITY.
Nothing in this Act shall be construed as displacing the agencies'
authority or responsibilities, as authorized by law.
SEC. 10. JUDICIAL REVIEW.
Nothing in this Act shall affect any otherwise available judicial
review of agency action. This Act is intended only to improve the
internal management of the Federal Government and does not create any
right or benefit, substantive or procedural, enforceable at law or
equity by a party against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
SEC. 11. DEFINITIONS.
For purposes of this Act:
(1) The term ``Advisers'' refers to such regulatory policy
advisers to the President as the President and the
Administrator of OIRA may from time to time consult, including,
among others--
(A) the Director of OMB;
(B) the Chair (or another member) of the Council of
Economic Advisers;
(C) the Assistant to the President for Economic
Policy;
(D) the Assistant to the President for Domestic
Policy;
(E) the Assistant to the President for National
Security Affairs;
(F) the Assistant to the President for Science and
Technology;
(G) the Assistant to the President for
Intergovernmental Affairs;
(H) the Assistant to the President and Staff
Secretary;
(I) the Assistant to the President and Chief of
Staff to the Administrator of OIRA;
(J) the Assistant to the President and Counsel to
the President; and
(K) the Deputy Assistant to the President and
Director of the White House Office on Environmental
Policy.
(2) Except as provided in section 4(f), the term ``agency''
means any authority of the United States that is an ``agency''
under section 3502(1) of title 44, United States Code, other
than those considered to be independent regulatory agencies, as
defined in section 3502(10) of title 44, United States Code.
(3) The term ``Director'' means the Director of OMB.
(4) The term ``regulation'' or ``rule'' means an agency
statement of general applicability and future effect, which the
agency intends to have the force and effect of law, that is
designed to implement, interpret, or prescribe law or policy or
to describe the procedure or practice requirements of an
agency. It does not, however, include--
(A) regulations or rules issued in accordance with
the formal rulemaking provisions of sections 556 and
557 of title 5, United States Code;
(B) regulations or rules that pertain to a military
or foreign affairs function of the United States, other
than procurement regulations and regulations involving
the import or export of non-defense articles and
services;
(C) regulations or rules that are limited to agency
organization, management, or personnel matters; or
(D) any other category of regulations exempted by
the Administrator of OIRA.
(5) The term ``regulatory action'' means any substantive
action by an agency (normally published in the Federal
Register) that promulgates or is expected to lead to the
promulgation of a final rule or regulation, including notices
of inquiry, advance notices of proposed rulemaking, and notices
of proposed rulemaking.
(6) The term ``significant regulatory action'' means any
regulatory action that is likely to result in a rule that may--
(A) have an annual effect on the economy of $100
million 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, 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 arising out
of legal mandates, the President's priorities, or the
principles set forth in this Act. | Government Regulatory Improvement and Performance Act of 1998 - Declares that: (1) Federal agencies should promulgate only such regulations as are required by law, necessary to interpret the law, or necessary to protect and promote or improve the health and safety of the public, the environment, or the well-being of the American people; and (2) in deciding whether and how to regulate, agencies should assess all costs and benefits of available regulatory alternatives, including the alternative of not regulating.
Sets forth principles of regulation to ensure that the agencies' regulatory programs are consistent with such philosophy, including that each agency: (1) identify the problem that it intends to address by regulation, assess its significance, and if possible conduct a risk analysis; (2) identify and assess available alternatives to direct regulation; (3) wherever feasible, seek views of appropriate State, local, and tribal officials before imposing requirements that might significantly or uniquely affect those governmental entities.
(Sec. 3) Directs the Office of Management and Budget to carry out coordinated review of agency rulemaking. Designates its Office of Information and Regulatory Affairs (OIRA) as the repository of expertise concerning regulatory issues.
(Sec. 4) Directs the OIRA Administrator, early in each year's planning cycle, to convene a meeting of the regulatory policy advisers to the President and agency heads to seek a common understanding of priorities and to coordinate regulatory efforts for the upcoming year.
Requires each agency to prepare: (1) a unified regulatory agenda of all regulations under development or review; and (2) a regulatory plan of the most important significant regulatory actions that the agency reasonably expects to issue in that fiscal year or thereafter.
Directs the Administrator to: (1) convene and chair a regulatory working group, which shall meet at least quarterly, to assist agencies in identifying and analyzing important regulatory issues; (2) meet quarterly, along with agency heads, with representatives of State, local, and tribal governments to identify exiting and proposed regulations that may uniquely or significantly affect those governmental entities; and (3) convene periodic conferences with representatives of businesses, nongovernmental organizations, and the public to discuss regulatory issues.
(Sec. 5) Requires that: (1) each agency submit to OIRA a program under which the agency will periodically review its existing significant regulations; and (2) any significant regulations selected for review be included in the agency's annual plan, and the agency identify any legislative mandates that require the agency to promulgate or continue to impose unnecessary or outdated regulations.
(Sec. 5) Requires each agency to: (1) submit to the OIRA a program under which the agency will periodically review its existing significant regulations for possible modification or elimination; (2) provide the public with meaningful participation in the regulatory process and a meaningful opportunity to comment on any proposed regulation, generally including a comment period of not less than 60 days; and (2) explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking.
Directs: (1) each agency head to designate a Regulatory Policy Office; (2) each agency to develop its regulatory actions in a timely fashion and adhere to specified procedures; (3) each agency to provide the OIRA with a list of its planned regulatory actions, including significant regulatory actions; and (4) the Administrator to provide meaningful guidance and oversight.
(Sec. 8) Prohibits an agency from publishing a regulation until the Administrator has waived review of the action, completed such review, or the review period has passed, whichever occurs first. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Medicare
Coverage Act of 2015''.
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.
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, 2015, 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 2015 Amends title XVIII (Medicare) of the Social Security Act to deem an individual receiving outpatient observation services in a hospital to be an inpatient with respect to satisfying the three-day inpatient hospital requirement in order to entitle the individual to Medicare coverage of any post-hospital extended care services in a skilled nursing facility. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quiet Communities Act of 2016''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Approximately 28,000,000 people of the United States
are afflicted with hearing loss, and it has been estimated that
10,000,000 of these hearing impairments are at least partially
attributable to damage from exposure to noise.
(2) For millions of people of the United States, noise from
aircraft, vehicular traffic, and a variety of other sources is
a constant source of torment. Millions of people of the United
States are exposed to noise levels that can lead to sleep loss,
psychological and physiological damage, and work disruption.
(3) Chronic exposure to noise has been linked to an
increased risk of cardiovascular disorders, learning deficits
in children, stress, and a diminished quality of life.
(4) Sleep deprivation and task interruptions caused by
excessive noise can result in untold costs to society through
diminished worker productivity.
(5) Under the Clean Air Act (42 U.S.C. 7401 et seq.), the
Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), and the
Quiet Communities Act of 1978 (Public Law 95-609; 92 Stat.
3079), the Administrator of the Environmental Protection Agency
established an Office of Noise Abatement and Control. Before
the termination of the Office, the duties of the Office
included--
(A) the promulgation of noise emission standards;
(B) the enforcement of relevant product labeling
requirements;
(C) the facilitation of the development of low
emission products;
(D) the coordination of Federal noise reduction
programs;
(E) the provision of assistance to State and local
abatement efforts; and
(F) the promotion of noise education and research.
(6) Funding for the Office was terminated in 1982 and no
funds have been provided since that year.
(7) Noise abatement programs throughout the United States
lie dormant because--
(A) funding for the enforcement of regulations
promulgated under the Noise Control Act of 1972 (42
U.S.C. 4901 et seq.) was terminated, although the
Administrator remains legally responsible for the
enforcement of the regulations; and
(B) the Noise Control Act of 1972 (42 U.S.C. 4901
et seq.) prohibits State and local governments from
regulating noise sources in many situations.
(8) As population growth and air and vehicular traffic
continue to increase, noise pollution is likely to become an
even greater problem in the future. The health and welfare of
the people of the United States demands that the Administrator,
as the head of the lead Federal agency for the protection of
public health and welfare, once again assume a role in
combating noise pollution.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Office.--The term ``Office'' means the Office of Noise
Abatement and Control.
SEC. 4. REESTABLISHMENT OF THE OFFICE.
(a) Reestablishment.--The Administrator shall reestablish within
the Environmental Protection Agency the Office.
(b) Duties.--The Office shall--
(1) promote the development of effective State and local
noise control programs by providing States with technical
assistance and grants to develop the programs, including the
purchase of equipment for local communities;
(2) carry out a national noise control research program to
assess the impacts of noise from varied noise sources on mental
and physical health;
(3) carry out a national noise environmental assessment
program--
(A) to identify trends in noise exposure and
response, ambient levels, and compliance data; and
(B) to determine the effectiveness of noise
abatement actions, including actions for areas around
major transportation facilities (such as highways,
railroad facilities, and airports);
(4) develop and disseminate information and educational
materials about the mental and physical effects of noise and
the most effective means for noise control to the public
through the use of materials for school curricula, volunteer
organizations, radio and television programs, publications, and
other means, as determined by the Administrator;
(5) develop educational and training materials and
programs, including national and regional workshops, to support
State and local noise abatement and control programs;
(6) establish regional technical assistance centers which
use the capabilities of university and private organizations to
assist State and local noise control programs;
(7) assess of the effectiveness of the Noise Control Act of
1972 (42 U.S.C. 4901 et seq.); and
(8) carry out other activities, as determined by the
Administrator.
(c) Preferred Approaches.--In carrying out duties described in
subsection (b), the Office shall emphasize noise abatement approaches
that rely on--
(1) local and State activities;
(2) market incentives; and
(3) coordination with other public and private agencies.
(d) Study.--
(1) In general.--The Administrator shall enter into one or
more contracts or other agreements with independent scientists
who have expertise in noise measurements, noise effects, and
noise abatement techniques to carry out a study of airport
noise.
(2) Contents.--The study described in paragraph (1) shall
examine--
(A) the selection of noise measurement
methodologies by the Federal Aviation Administration;
(B) the threshold of noise at which humans
experience health impacts; and
(C) the effectiveness of noise abatement programs
at airports throughout the United States.
(3) Report.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall transmit to
Congress a report that describes--
(A) the results of the study described in paragraph
(1); and
(B) specific recommendations for new measures to
mitigate the impact of aircraft noise on communities
located near airports.
(4) Funding.--The study described in paragraph (1) shall be
carried out with funds made available to the Office under
section 6.
SEC. 5. QUIET COMMUNITIES PROGRAM GRANTS.
Section 14(c)(1) of the Noise Control Act of 1972 (42 U.S.C.
4913(c)(1)) is amended--
(1) in subparagraph (C), by striking ``and''; and
(2) by adding at the end the following:
``(E) establishing and implementing training
programs on the use of noise abatement equipment; and
``(F) implementing noise abatement plans;''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$21,000,000 for each of fiscal years 2017 through 2021. | Quiet Communities Act of 2016 This bill requires the Environmental Protection Agency (EPA) to: (1) reestablish the Office of Noise Abatement and Control; and (2) arrange for independent scientists who have expertise in noise measurements, noise effects, and noise abatement techniques to carry out a study of airport noise. The Quiet Communities Program must include: (1) establishing and implementing training programs on the use of noise abatement equipment, and (2) implementing noise abatement plans. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Principal Reduction Act of 2012''.
SEC. 2. PRINCIPAL REDUCTION OF MORTGAGES OWNED OR GUARANTEED BY FANNIE
MAE AND FREDDIE MAC.
(a) Program Authority.--
(1) In general.--The Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation shall each carry
out a program under this section to provide for the reduction
of the outstanding principal balances on qualified mortgages on
single-family housing owned or guaranteed by such enterprise
through reduction of such principal balances, in accordance
with this section and policies and procedures that the Director
of the Federal Housing Finance Agency shall establish.
(2) Requirement to reduce principal pursuant to request.--
Each such program shall require the reduction of principal on a
qualified mortgage upon the request of the mortgagor made to
the enterprise and a determination by the enterprise that the
mortgage is a qualified mortgage.
(b) Qualified Mortgage.--For purposes of this section, the term
``qualified mortgage'' means a mortgage, without regard to whether the
mortgagor is current or in default on payments due under the mortgage,
that--
(1) is an existing first mortgage that was made for
purchase of, or refinancing another first mortgage on, a one-
to four-family dwelling, including a condominium or a share in
a cooperative ownership housing association, that is occupied
by the mortgagor as the principal residence of the mortgagor;
(2) is owned or guaranteed by the Federal National Mortgage
Association or the Federal Home Loan Mortgage Corporation;
(3) was originated on or before the date of the enactment
of this Act;
(4) has a principal balance that exceeds the value of the
dwelling subject to the mortgage by more than 20 percent; and
(5) has been determined to be net present value positive
for the enterprise that owns or guarantees such mortgage,
pursuant to the application of the net present value model
identified in subsection (m)(3) that results in the expected
net present value of reducing principal on the mortgage
exceeding the net present value of foreclosing on such
mortgage.
(c) Principal Reduction on Qualified Mortgages.--To reduce
principal on a qualified mortgage under a program of an enterprise
under this section, the enterprise shall--
(1) reduce the principal for the qualified mortgage to an
amount that results in a loan-to-value ratio for the mortgage
of not more than 90 percent;
(2) require that if the dwelling subject to the qualified
mortgage that has had its principal reduced under the program
is sold by any process other than a foreclosure sale or short
sale, to the extent that such property appreciates in value,
the mortgagor shall provide not less than one-third of the
amount of such appreciation to the enterprise; and
(3) recover from the mortgagor under the qualified mortgage
that has had its principal reduced under the program, if such
mortgage subsequently enters foreclosure, an amount equal to
the difference between the sales price at foreclosure sale of
the dwelling subject to such mortgage and the amount of the
outstanding principal balance on mortgage immediately before
such principal reduction.
(d) Streamlined Process.--To the maximum extent possible, each
enterprise shall--
(1) limit the amount of paperwork required from a mortgagor
to receive a principal reduction under the program established
under this section by the enterprise; and
(2) endeavor to complete the principal reduction for a
qualified mortgage pursuant to the mortgagor's request not
later than 30 days after receiving such request from the
mortgagor.
(e) Prohibition on Borrower Fees.--Neither the servicer conducting
the principal reduction on behalf of the enterprise nor the enterprise
may charge the mortgagor any fee, including any fee for any appraisal
notwithstanding that such appraisal is required to determine the value
of the dwelling subject to the qualified mortgage, for the reduction of
principal of the qualified mortgage under the program under this
section of the enterprise. All fees and penalties related to any
default or delinquency on such qualified mortgage shall be waived or
forgiven.
(f) Fee to Servicer.--For each qualified mortgage of an enterprise
for which the servicer of the qualified mortgage provides a principal
reduction pursuant to the program under this section of the enterprise,
the enterprise shall pay to the servicer a fee not exceeding $1,000.
(g) Tax Treatment.--The reduction of principal taken on a qualified
mortgage under a program under this section shall not result in any tax
liability for the mortgagor under such mortgage.
(h) Maintenance of Lien Status.--Any reduction of principal taken
with respect to a first mortgage under a program under this section
shall not impair the priority status of liens on the dwelling subject
to the mortgage, to the extent that there are no additional funds
advanced to the mortgagor in connection with such principal reduction.
(i) Maintenance of Loan Status.--Any reduction of principal taken
with respect to a qualified mortgage under a program under this section
shall not result in the treatment of the modified loan as a new loan.
(j) Second Liens.--The Director shall encourage the modification of
second liens on dwellings that are subject to mortgages for which
principal reductions are taken under the programs under this section by
implementing remedial actions on servicers that service mortgages owned
or guaranteed by the enterprises and own second liens that are not
modified following a request by the Director upon a reduction of
principal of the mortgage owned by the enterprise. Upon termination of
any servicing contracts with such servicers, the Director shall take
remedial actions with respect to such servicers, which may include--
(1) cancelling servicing rights of mortgages owned by the
enterprises;
(2) reducing compensation to any such servicer; or
(3) taking such other actions, consistent with applicable
law, as the Director determines is appropriate.
(k) Restrictions on Compensation.--The Director may not approve
bonus compensation that exceeds the base compensation for any executive
or senior executive of an enterprise, unless the aggregate number of
qualified mortgages for which principal reductions have been taken
pursuant to the program under this section of such enterprise exceeds
1,000,000.
(l) Rule of Construction.--Any reduction of principal of a
qualified mortgage of an enterprise under a program under this section
shall be considered consistent with the mission of any conservator of
the enterprises as such mission is described in section 1367(b)(2)(D)
of the Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4617(b)(2)(D)).
(m) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Director.--The term ``Director'' means the Director of
the Federal Housing Finance Agency.
(2) Enterprise.--The term ``enterprise'' means the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation.
(3) Net present value.--The term ``net present value''
means the net present value as determined under the model
specified in Supplemental Directive 09-01 for the Home
Affordable Modification Program of the Department of the
Treasury and any updates thereto.
(n) Regulations.--The Director shall issue any regulations or
guidance necessary to carry out the programs required under this
section not later than the expiration of the 6-month period that begins
on the date of the enactment of this Act.
(o) Termination.--The requirement under subsection (a)(2) for an
enterprise to forgive principal on a qualified mortgage shall not apply
with respect to any request for principal reduction made after the
expiration of the 12-month period that begins on the earlier of--
(1) the date that any regulations or guidance issued
pursuant to subsection (n) take effect; or
(2) the expiration of the 6-month period identified in
subsection (n). | Principal Reduction Act of 2012 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs) each to carry out a program to reduce the outstanding principal balances on qualified mortgages on single-family housing they own or guarantee.
Directs a GSE, under its program, to: (1) reduce the principal of a mortgage to an amount resulting in a mortgage loan-to-value ratio of not more than 90%; (2) require a mortgagor, if the dwelling for which the mortgage principal has been reduced is sold by any process other than a foreclosure sale or short sale, to pay the GSE at least one-third of any appreciation in value; and (3) recover from the mortgagor, if a mortgage whose principal has been reduced subsequently enters foreclosure, the difference between the foreclosure sales price and the outstanding principal balance on the mortgage immediately before the principal reduction.
Prohibits the charging of borrowers fees by either a GSE or a servicer conducting a principal reduction on behalf of a GSE.
Requires a GSE to pay any servicer a fee of up to $1,000 for reducing a mortgage principal under the program.
Directs the Director of Federal Housing Finance Agency (FHFA) to encourage the modification of second liens on dwellings on which the mortgage principal is reduced under this Act.
Prohibits the Director from approving bonus compensation that exceeds the base compensation that exceeds the base compensation for any GSE executive or senior executive unless the aggregate number of qualified mortgages for which principal reductions have been taken pursuant to the program under this Act exceeds 1 million. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``True American Heroes Act of 2002''.
TITLE I--MEDALS FOR RESPONDERS AND RESISTERS
SEC. 101. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND
PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
State and local government agencies, including the Port Authority of
New York and New Jersey, and of the United States Government and
others, who responded to the attacks on the World Trade Center in New
York City, and perished in the tragic events of September 11, 2001
(including those who are missing and presumed dead), the Speaker of the
House and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design for each such officer,
emergency worker, employee, or other individual to the next of kin or
other personal representative of each such officer, emergency worker,
employee, or other individual.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike gold
medals with suitable emblems, devices, and inscriptions to be
determined by the Secretary to be emblematic of the valor and heroism
of the men and women honored.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with
appropriate representatives of Federal, State, and local officers and
agencies and the Port Authority of New York and New Jersey.
(d) Duplicative Gold Medals For Departments and Duty Stations.--
(1) In general.--The Secretary of the Treasury shall strike
duplicates in gold of the gold medals struck pursuant to
subsection (a) for presentation to each of the following, for
permanent display in the respective offices, houses, stations,
or places of employment:
(A) The Governor of the State of New York.
(B) The Mayor of the City of New York.
(C) The Commissioner of the New York Police
Department, the Commissioner of the New York Fire
Department, the head of emergency medical services for
the City of New York, and the Chairman of the Board of
Directors of the Port Authority of New York and New
Jersey.
(D) Each precinct house, fire house, emergency
response station, or other duty station or place of
employment to which each person referred to in
subsection (a) was assigned on September 11, 2001, for
display in each such place in a manner befitting the
memory of such persons.
(e) Duplicate Bronze Medals.--Under such regulations as the
Secretary may prescribe, the Secretary may strike and sell duplicates
in bronze of the gold medal struck under subsection (a) at a price
sufficient to cover the costs of the bronze medals (including labor,
materials, dies, use of machinery, and overhead expenses) and the cost
of the gold medal.
(f) Use of the United States Mint at West Point, New York.--It is
the sense of the Congress that the medals authorized under this section
should be struck at the United States Mint at West Point, New York, to
the greatest extent possible.
SEC. 102. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES
FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE
PLANE TO CRASH.
(a) Congressional Findings.--The Congress finds as follows:
(1) On September 11, 2001, United Airlines Flight 93,
piloted by Captain James Dahl, departed from Newark
International Airport at 8:01 a.m. on its scheduled route to
San Francisco, California, with 7 crew members and 38
passengers on board.
(2) Shortly after departure, United Airlines Flight 93 was
hijacked by terrorists.
(3) At 10:37 a.m. United Airlines Flight 93 crashed near
Shanksville, Pennsylvania.
(4) Evidence indicates that people aboard United Airlines
Flight 93 learned that other hijacked planes had been used to
attack the World Trade Center in New York City and resisted the
actions of the hijackers on board.
(5) The effort to resist the hijackers aboard United
Airlines Flight 93 appears to have caused the plane to crash
prematurely, potentially saving hundreds or thousands of lives
and preventing the destruction of the White House, the Capitol, or
another important symbol of freedom and democracy.
(6) The leaders of the resistance aboard United Airlines
Flight 93 demonstrated exceptional bravery, valor, and
patriotism, and are worthy of the appreciation of the people of
the United States.
(b) Presentation of Congressional Gold Medals Authorized.--In
recognition of heroic service to the Nation, the Speaker of the House
and the President pro tempore of the Senate shall make appropriate
arrangements for the presentation, on behalf of the Congress, of a gold
medal of appropriate design for each passenger or crew member on board
United Airlines Flight 93 who is identified by the Attorney General as
having aided in the effort to resist the hijackers on board the plane
to the next of kin or other personal representative of each such
individual.
(c) Design and Striking.--For the purpose of the presentation
referred to in subsection (b), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(d) Duplicate Medals.--Under such regulations as the Secretary of
the Treasury may prescribe, the Secretary may strike and sell
duplicates in bronze of the gold medals struck under subsection (b) at
a price sufficient to cover the cost of the bronze medals (including
labor, materials, dies, use of machinery, and overhead expenses) and
the cost of the gold medals.
SEC. 103. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE PENTAGON AND PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
the United States Government, who responded to the attacks on the
Pentagon Washington, D.C. and perished in the tragic events of
September 11, 2001 (including those who are missing and presumed dead)
the Speaker of the House and the President pro tempore of the Senate
shall make appropriate arrangements for the presentation, on behalf of
the Congress, of a gold medal of appropriate design for each such
officer, emergency worker, or employee to the next of kin or other
personal representative of each such officer, emergency worker, or
employee.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with the
Secretary of Defense and any other appropriate representative of
Federal, State, and local officers and agencies.
SEC. 104. NATIONAL MEDALS.
The medals struck under this title are national medals for purposes
of chapter 51 of title 31, United States Code.
TITLE II--SPIRIT OF AMERICA COMMEMORATIVE COINS
SEC. 201. FINDINGS.
The Congress finds as follows:
(1) On September 11, 2001, the United States suffered the
worst act of terrorism in its history.
(2) The more than 6,000 people who lost their lives as a
result of the terrorist attacks that occurred in New York City,
at the Pentagon, and in Pennsylvania on September 11, 2001,
will not be forgotten.
(3) Hundreds of emergency personnel responded heroically to
the crisis and lost their lives as a result.
(4) People from everywhere in the United States responded
to the crisis with an outpouring of support for the victims of
the terrorist attacks and their families.
(5) The civilized world stands with strength and fortitude
in opposition to the cowardly terrorist attacks against the
United States that occurred on September 11, 2001.
(6) It is essential to remember not only the tragedy of the
attacks, but also the strength and resolve demonstrated by the
people of the United States in the aftermath of the attacks.
(7) The minting of coins in commemoration of the Spirit of
America will pay tribute to the countless heroes who risked
their lives during the terrorist attacks and in their aftermath
so that others may live and to a united people whose belief in
freedom, justice, and democracy has never swayed.
SEC. 202. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the Spirit of America, the
Secretary of the Treasury (hereafter in this title referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $50 gold coins.--Such number of 50 dollar coins as the
Secretary determines under subsection (b), which shall--
(A) weigh 1 ounce;
(B) have a diameter of 1.287 inches; and
(C) contain 91.67 percent gold and 8.33 percent
alloy.
(2) $1 silver coins.--Such number of 1 dollar coins as the
Secretary determines appropriate to meet demand, which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Such number of half dollar
coins as the Secretary determines appropriate to meet demand,
which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Number of Gold Coins.--
(1) In general.--The number of gold coins minted and issued
under this title shall equal the sum of 25,000 and the number
determined under paragraph (2).
(2) Determination of number.--The Secretary, in
consultation with the Attorney General of the United States and
the Governors of New York, Pennsylvania, and Virginia shall
determine the number of innocent individuals confirmed or
presumed to have been killed as a result of the terrorist
attacks against the United States that occurred on September
11, 2001, and shall identify such individuals. The Secretary,
under subsection (a)(1), shall mint and issue a number of 50
dollar coins equal to the number of such individuals.
(c) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.
(e) Sources of Bullion.--For the purpose of minting coins under
this title, the Secretary may only use metals that are from natural
deposits in the United States or any territory or possession of the
United States.
(f) Special Treatment Under Exigent Circumstances.--
(1) Findings.--The Congress finds as follows:
(A) The limitations contained in paragraphs (1) and
(2)(A) of section 5112(m) of title 31, United States
Code, and section 5134(f)(1)(B) of such title have well
served, and continue to serve, their purpose of
bringing greater stability to the markets for
commemorative coins, maximizing demand and
participation in such programs, and ensuring that such
programs have a broad base of private support and are
not used as the primary means of fundraising by
organizations that are the recipients of surcharges.
(B) The shocking circumstances of September 11,
2001, the broad base of public interest in showing the
Spirit of America and participating in the raising of
funds for the victims of the crimes committed on that
date, and the importance of implementing this coin
program as quickly as possible, notwithstanding the
fact that 2 commemorative coin programs are already in
effect for 2001 and 2002, justify exempting the coins
produced under this title from such limitations.
(2) Exemption.--Paragraphs (1) and (2) of section 5112(m)
of title 31, United States Code, and section 5134(f)(1)(B) of
such title shall not apply to coins authorized under this
title.
SEC. 203. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this title
shall be emblematic of the tragic events that occurred at the Pentagon,
in New York City, and in Pennsylvania, on September 11, 2001.
(b) Designation and Inscriptions.--On each coin minted under this
title there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the date ``September 11, 2001'' (and
such coin shall bear no other date); and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this title
shall be selected by the Secretary after consultation with the
Commission of Fine Arts.
SEC. 204. STRIKING AND ISSUANCE OF COINS.
(a) Quality of Coins.--
(1) In general.--Except as provided under paragraph (2),
coins minted under this title shall be issued in uncirculated
quality.
(2) Gold coins.--50 dollar coins minted under section
202(a)(1) shall be issued only in proof quality.
(b) Mint Facility.--
(1) In general.--Except as provided under paragraph (2),
only 1 facility of the United States Mint may be used to strike
any particular quality of the coins minted under this title.
(2) Clad coins.--Any number of facilities of the United
States Mint may be used to strike the half dollar coins minted
under section 202(a)(3).
(c) Period for Issuance.--The Secretary--
(1) shall commence issuing coins minted under this title as
soon as possible after the date of the enactment of this Act;
and
(2) shall not issue any coins after the end of the 1-year
period beginning on the date such coins are first issued.
SEC. 205. SALE OF COINS.
(a) Sale Price.--The coins issued under section 202(a) (other than
the 50 dollar gold coins referred to in subsection (d)) shall be sold
by the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharges required by section 206(a) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under section 202(a) at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under section 202(a).
The sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Gold Coins.--Notwithstanding section 204(c)(2), the Secretary
shall issue a 50 dollar coin minted under section 202(a)(1) for
presentation free of charge to the next of kin or personal
representative of each individual identified under section 202(b). The
Speaker of the House of Representatives and the President Pro Tempore
of the Senate shall make appropriate arrangements for the presentation,
on behalf of the Congress, of such gold coins.
SEC. 206. SURCHARGES ON SALE OF COINS.
(a) Assessment.--Any sale by the Secretary of a coin minted under
this title shall include a surcharge of an amount determined by the
Secretary to be sufficient to cover the cost of the gold coins minted
under section 202(a)(1) (including labor, materials, dies, use of
machinery, overhead expenses, and shipping) for presentment in
accordance with section 205(d), which charge may not be less than--
(1) $100 per coin for the 50 dollar gold coins;
(2) $10 per coin for the 1 dollar coin; and
(3) $5 per coin for the half dollar coin.
(b) Distribution of Excess Proceeds.--Any proceeds from the
surcharges received by the Secretary from the sale of coins issued
under this title in excess of the cost of producing all coins issued
under this title (including coins issued for individuals identified
pursuant to section 202(b)(2)) shall be--
(1) used to cover the costs incurred in the production of
gold medals under title I that have not been recovered from the
sale of duplicate bronze medals under such title; and
(2) with respect to any amount remaining after the costs
described in paragraph (1) are covered, transferred to any fund
for victims of the tragedies of September 11, 2001, that the
Secretary of the Treasury and the Attorney General jointly
determine to be appropriate.
Passed the House of Representatives July 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | True American Heroes Act of 2002 - Title I: Medals for Responders and Resisters - (Sec. 101) Authorizes the award (posthumously) of congressional gold medals to the government workers and others who responded to the attacks on the World Trade Center in New York City and the Pentagon in Virginia and perished in the tragic events of September 11, 2001, and to the people aboard United Airlines Flight 93 who helped resist the hijackers on board and caused the plane to crash.Requires the Secretary of the Treasury to strike duplicates in gold of the gold medals for permanent display in named departments and duty stations. Authorizes the Secretary to strike and sell duplicates in bronze of the gold medals at a price sufficient to cover the costs of the bronze medals and the cost of the gold medals.Title II: Spirit of America Commemorative Coins - (Sec. 202) Directs the Secretary of the Treasury to mint and issue $50 dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001.(Sec. 206) Requires the sale of such coins to include a surcharge to cover the cost of the gold coins minted under this Act for presentment to the next of kin of those who died in the September 11, 2001, attacks, and any proceeds from such surcharges in excess of the cost of producing all coins to be: (1) used to cover the costs incurred in the production of the gold medals that have not been recovered from the sale of duplicate bronze medals minted under this Act; and (2) with respect to any amount remaining after payment of such costs, transferred to any fund for the victims of such attacks. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prior Domestic Commercial Use Act of
1995''.
SEC. 2. DEFENSE TO PATENT INFRINGEMENT BASED ON PRIOR DOMESTIC
COMMERCIAL USE.
(a) Defense.--Chapter 28 of title 35, United States Code, is
amended by adding at the end the following new section:
``Sec. 273. Prior domestic commercial use; defense to infringement
``(a) Definitions.--For purposes of this section--
``(1) the terms `commercially used', `commercially use',
and `commercial use' mean the use in the United States in
commerce or the use in the design, testing, or production in
the United States of a product or service which is used in
commerce, whether or not the subject matter at issue is
accessible to or otherwise known to the public;
``(2) the terms `used in commerce', and `use in commerce'
mean that there has been an actual sale or other commercial
transfer of the subject matter at issue or that there has been
an actual sale or other commercial transfer of a product or
service resulting from the use of the subject matter at issue;
and
``(3) the `effective filing date' of a patent is the
earlier of the actual filing date of the application for the
patent or the filing date of any earlier United States,
foreign, or international application to which the subject
matter at issue is entitled under section 119, 120, or 365 of
this title.
``(b) Defense to Infringement.--(1) A person shall not be liable as
an infringer under section 271 of this title with respect to any
subject matter the manufacture, use, sale, or offer for sale of which
in the United States or the importation of which into the United States
would otherwise infringe one or more claims in the patent being
asserted against such person, if such person had, acting in good faith,
commercially used the subject matter before the effective filing date
of such patent.
``(2) The sale or other disposition of the subject matter of a
patent by a person entitled to assert a defense under this section with
respect to that subject matter shall exhaust the patent owner's rights
under the patent to the extent such rights would have been exhausted
had such sale or other disposition been made by the patent owner.
``(c) Limitations and Qualifications of Defense.--The defense to
infringement under this section is subject to the following:
``(1) Not a general license.--The defense under this
section is not a general license under all claims of the patent
at issue, but extends only to the subject matter claimed in the
patent that the person asserting the defense had commercially
used before the effective filing date of the patent, except
that the defense shall also extend to variations in the
quantity or volume of use of the claimed subject matter, and to
improvements in the claimed subject matter that do not infringe
additional specifically claimed subject matter of the patent.
``(2) Effective and serious preparation.--With respect to
subject matter that cannot be commercialized
without a significant investment of time, money, and effort, a
person shall be deemed to have commercially used the subject matter
if--
``(A) before the effective filing date of the
patent, the person reduced the subject matter to
practice in the United States, completed a significant
portion of the total investment necessary to
commercially use the subject matter, and made a
commercial transaction in the United States in
connection with the preparation to use the subject
matter, and
``(B) after the effective filing date of the
patent, diligently completed the remainder of the
activities and investments necessary to commercially
use the subject matter, and promptly began commercial
use of the subject matter.
``(3) Burden of proof.--A person asserting the defense
under this section shall have the burden of establishing the
defense.
``(4) Abandonment of use.--A person who has abandoned
commercial use of subject matter may not rely on activities
performed before the date of such abandonment in establishing a
defense under subsection (b) with respect to actions taken
after the date of such abandonment.
``(5) Personal defense.--The defense under this section may
only be asserted by the person who performed the acts necessary
to establish the defense and, except for any transfer to the
patent owner, the right to assert the defense shall not be
licensed or assigned or transferred to another person except in
connection with the good faith assignment or transfer of the
entire enterprise or line of business to which the defense
relates.
``(6) One year limitation.--A person may not assert a
defense under this section unless the subject matter on which
the defense is based had been commercially used or reduced to
practice more than one year prior to the effective filing date
of the patent by the person asserting the defense or someone in
privity with that person.
``(7) Derivation.--A person may not assert the defense
under this section if the subject matter on which the defense
is based was derived from the patentee or persons in privity
with the patentee.
``(d) Unsuccessful Assertion of Defense.--If the defense under this
section is pleaded by a person who is found to infringe the patent and
who subsequently fails to demonstrate a reasonable basis for asserting
the defense, the court shall find the case exceptional for the purpose
of awarding attorney's fees under section 285 of this title.
``(e) Invalidity.--A patent shall not be deemed to be invalid under
section 102 or 103 of this title solely because a defense is raised or
established under this section.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 28 of title 35, United States Code, is amended by adding at
the end the following new item:
``Sec. 273. Prior domestic commercial use; defense to infringement.''.
SEC. 3. EFFECTIVE DATE AND APPLICABILITY.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act, but shall not apply to any
action for infringement that is pending on such date of enactment or
with respect to any subject matter for which an adjudication of
infringement, including a consent judgment, has been made before such
date of enactment. | Prior Domestic Commercial Use Act of 1995 - Amends the Federal judicial code to create a defense to patent infringement with respect to any subject matter the manufacture, use, sale, offer for sale, or importation of which in the United States would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent.
Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner.
Subjects the defense to specified limitations and qualifications regarding: (1) the scope of the defense (the defense is not a general license under all claims of the patent at issue but extends only to the subject matter claimed in the patent that the person asserting the defense had commercially used before the effective filing date of the patent, with exceptions); (2) effective and serious preparation; (3) burden of proof (on the person asserting the defense); (4) abandonment of use; (5) who may assert the defense (it is a personal defense); (6) a one-year limitation (the subject matter on which the defense is based must have been commercially used or reduced to practice more than one year prior to the effective filing date of the patent); (7) unsuccessful assertion of the defense (directs the court to find the case exceptional for purposes of awarding attorney's fees); and (8) invalidity of a patent (a patent shall not be deemed invalid solely because a defense is raised or established under this Act). | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Outreach Act of 2013''.
SEC. 2. DEMONSTRATION PROJECT TO INCREASE COORDINATION OF OUTREACH
EFFORTS BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND
FEDERAL, STATE, AND LOCAL AGENCIES AND NONPROFIT
ORGANIZATIONS.
(a) Demonstration Project Required.--The Secretary of Veterans
Affairs shall carry out a demonstration project to assess the
feasibility and advisability of using State and local government
agencies and nonprofit organizations--
(1) to increase awareness of veterans regarding benefits
and services for veterans; and
(2) to improve coordination of outreach activities
regarding such benefits and services between the Secretary and
Federal, State, and local government and nonprofit providers of
health care and benefit services for veterans.
(b) Duration.--
(1) In general.--The demonstration project shall be carried
out during the two-year period beginning on the date that is
180 days after the date of the enactment of this Act.
(2) Authority for extension.--The Secretary may extend the
duration of the demonstration project for an additional two
years.
(c) Grants.--
(1) In general.--The Secretary shall carry out the
demonstration project through the award of grants to State and
local government agencies and nonprofit organizations to carry
out projects that--
(A) increase the awareness of veterans regarding
benefits and services for veterans; and
(B) improve coordination of outreach activities
regarding such benefits and services between the
Secretary and Federal, State, and local government and
nonprofit providers of health care and benefit services
for veterans.
(2) Application.--
(A) In general.--A State or local government agency
or nonprofit organization seeking a grant under the
demonstration project shall submit to the Secretary an
application therefor in such form and in such manner as
the Secretary considers appropriate.
(B) Elements.--Each application submitted under
subparagraph (A) shall include the following:
(i) A description of the consultations, if
any, with the Department of Veterans Affairs in
the development of any proposal under the
application.
(ii) A description of the project for which
the applicant is seeking a grant under the
demonstration project, including a plan to
coordinate under the demonstration project, to
the greatest extent possible, the outreach
activities of Federal, State, and local
government agencies that provide health care,
benefits, and services for veterans and
nonprofit organizations that provide such care,
benefits, and services to enhance the awareness
and availability of such care, benefits, and
services.
(iii) An agreement to report to the
Secretary standardized data and other
performance measures necessary for the
Secretary to evaluate the demonstration project
and to facilitate evaluation of individual
projects for which grants are awarded under the
demonstration project.
(iv) Such other information as the
Secretary may require.
(3) Considerations.--In awarding grants under the
demonstration project to carry out projects, the Secretary
shall consider where the projects will be carried out and which
populations are targeted. In particular, the Secretary shall
consider the advisability of awarding grants for projects--
(A) carried out in areas with populations that have
a high proportion of veteran representation;
(B) carried out in a variety of geographic areas,
including urban, rural, and highly rural areas; and
(C) that target a variety of veteran populations,
including racial and ethnic minorities, low-income
populations, and older populations.
(4) Use of funds.--The Secretary shall establish
appropriate uses of grant amounts received under the
demonstration project.
(5) Limitation.--In a fiscal year, not more than 20 percent
of all grant amounts awarded in that fiscal year may be awarded
to a single State entity.
(d) State Matching Requirement.--The Secretary may not make a grant
to a State under subsection (c) unless that State agrees that, with
respect to the costs to be incurred by the State in carrying out the
program or activities for which the grant was awarded, the State will
make available (directly or through donations from public or private
entities) non-Federal contributions in an amount equal to 50 percent of
Federal funds provided under the grant.
(e) Annual Report.--
(1) In general.--Not later than 120 days after the
completion of the first calendar year beginning after the date
of the commencement of the demonstration project, and not less
frequently than once every year thereafter for the duration of
the project, the Secretary shall submit to Congress a report
evaluating the demonstration project and the projects supported
by grants awarded under the demonstration project.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The findings and conclusions of the Secretary
with respect to the demonstration project.
(B) An assessment of the benefit to veterans of the
demonstration project.
(C) The recommendations of the Secretary as to the
feasibility and advisability of continuing or expanding
the demonstration project.
SEC. 3. COOPERATIVE AGREEMENTS BETWEEN SECRETARY OF VETERANS AFFAIRS
AND STATES ON OUTREACH ACTIVITIES.
(a) In General.--Chapter 63 of title 38, United States Code, is
amended by inserting after section 6306 the following new section:
``Sec. 6306A. Cooperative agreements with States
``(a) In General.--The Secretary may enter into cooperative
agreements and arrangements with various agencies and departments of
States to carry out this chapter and to otherwise carry out,
coordinate, improve, or enhance outreach activities of the Department
and the States.
``(b) Annual Report.--Not less frequently than once each year, the
Secretary shall submit to Congress a report that describes the
agreements and arrangements entered into by the Secretary under
subsection (a) during the most recent one-year period.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of such title is amended by inserting after the item
relating to section 6306 the following new item:
``6306A. Cooperative agreements with States.''.
SEC. 4. BUDGET TRANSPARENCY FOR OUTREACH ACTIVITIES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 63 of title 38, United States Code, is
amended by inserting after section 6308 the following new section:
``Sec. 6309. Budget transparency
``(a) Budget Requirements.--In the budget justification materials
submitted to Congress in support of the Department budget for a fiscal
year (as submitted with the budget of the President under section
1105(a) of title 31), the Secretary shall include a separate statement
of the amount requested for such fiscal year for activities of the
Office of Public and Intergovernmental Affairs as follows:
``(1) For outreach activities of the Department in
aggregate.
``(2) For outreach activities of each element of the
Department specified in subsection (b)(1).
``(b) Procedures for Effective Coordination and Collaboration.--(1)
Not later than 180 days after the date of the enactment of the
Veterans' Outreach Act of 2013, the Secretary shall establish and
maintain procedures for the Office of Public and Intergovernmental
Affairs to ensure the effective coordination and collaboration of
outreach activities of the Department between and among the following:
``(A) The Office of the Secretary.
``(B) The Veterans Health Administration.
``(C) The Veterans Benefits Administration.
``(D) The National Cemetery Administration.
``(2) The Secretary shall--
``(A) beginning after the date on which the Secretary
establishes procedures under paragraph (1), not less frequently
than once every two years conduct a review of the procedures
established and maintained under paragraph (1) to ensure that
such procedures meet the requirements such paragraph;
``(B) make such modifications to such procedures as the
Secretary considers appropriate based upon reviews conducted
under subparagraph (A) in order to better meet such
requirements; and
``(C) not later than 45 days after completing a review
under subparagraph (A), submit to Congress a report on such
review.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of such title is amended by inserting after the item
relating to section 6308 the following new item:
``6309. Budget transparency.''.
SEC. 5. ADVISORY COMMITTEE ON OUTREACH ACTIVITIES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish an advisory committee on outreach activities of the
Department of Veterans Affairs.
(b) Membership.--The advisory committee shall be composed of
individuals selected by the Secretary from among the following:
(1) To the maximum extent practicable, individuals who are
eminent in their respective fields of public relations.
(2) Representatives of organizations with offices that
focus on communications and distribute messages through major
media news outlets and social media.
(3) To the maximum extent practicable, individuals with
experience communicating financial results and business
strategy for purposes of shaping a confident brand image.
(4) To the maximum extent practicable, individuals with
experience with consumer and lifestyle imaging and creating
publicity for a particular product or service.
(5) To the maximum extent practicable, veterans who have
experience in press and public relations.
(c) Duties.--The advisory committee shall collaborate with the
Assistant Secretary for Public and Intergovernmental Affairs--
(1) to ensure that the Department of Veterans Affairs is
strategically and effectively--
(A) engaging the public and Department stakeholders
to increase awareness nationally regarding benefits and
services furnished by the Department;
(B) explaining new or changing policies of the
Department;
(C) improving the image and reputation of the
Department; and
(D) coordinating and collaborating with national
community-based organizations, nonprofits, and State
and local government agencies; and
(2) to assist the Secretary in conducting such other press
or public relations activities relating to outreach activities
of the Department as the advisory committee considers
appropriate.
(d) Consultation.--The Secretary shall consult with and seek the
advice of the advisory committee not less frequently than quarterly on
matters relating to the duties of the advisory committee under
subsection (c).
(e) Quarterly Reports.--
(1) In general.--Not less frequently than once every 90
days, the advisory committee shall submit to Congress and to
the Secretary a report on outreach activities of the
Department.
(2) Recommendations.--Each report submitted under paragraph
(1) shall include such recommendations for legislative and
administrative action as the advisory committee considers
appropriate to improve the press and public relations of the
Department relating to outreach.
(f) Termination.--The advisory committee shall terminate on October
1, 2015, and the requirements and authorities under this section shall
terminate on such date.
(g) Outreach Defined.--In this section, the term ``outreach'' has
the meaning given the term in section 6301 of title 38, United States
Code.
SEC. 6. ADVISORY BOARDS ON OUTREACH ACTIVITIES AT DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTERS.
(a) Establishment.--For each Department of Veterans Affairs medical
center, the Secretary of Veterans Affairs shall, acting through the
director of such medical center, establish not later than 180 days
after the date of the enactment of this Act an advisory board at such
medical center on matters relating to outreach activities of the
Department at such medical center.
(b) Membership.--Each advisory board established under subsection
(a) at a Department medical center shall be, to the maximum extent
practicable, composed of individuals selected by the Secretary from
among the following:
(1) Individuals who are eminent in their respective fields
of public relations.
(2) Representatives of organizations with offices that
focus on communications and distribute messages through major
media news outlets and social media.
(3) Individuals with experience communicating financial
results and business strategy for purposes of shaping a
confident brand image.
(4) Individuals with experience with consumer and lifestyle
imaging and creating publicity for a particular product or
service.
(5) Employees of the Department who are involved in press
and public relations strategy at the medical center.
(6) To the maximum extent practicable, veterans who have
experience in press and public relations.
(c) Duties.--Each advisory board established under subsection (a)
at a Department medical center shall collaborate with the Assistant
Secretary for Public and Intergovernmental Affairs--
(1) to ensure that the Department of Veterans Affairs is
strategically and effectively--
(A) engaging the public and Department stakeholders
to increase awareness nationally regarding benefits and
services furnished by the Department;
(B) explaining new or changing policies of the
Department;
(C) improving the image and reputation of the
Department; and
(D) coordinating and collaborating with national
community-based organizations, nonprofits, and State
and local government agencies; and
(2) to assist the director of such medical facility in
conducting such other press or public relations activities
relating to outreach activities of the Department as the
advisory board considers appropriate.
(d) Consultation.--Each director of a Department medical center
shall consult with and seek the advice of the advisory board
established at such medical center not less frequently than once every
two months on matters relating to the duties of the advisory board
under subsection (c).
(e) Annual Reports.--Not less frequently than each year, each
advisory board established under subsection (a) shall submit to the
Secretary a report with such information as may be beneficial to the
Secretary in preparing the reports required by section 6308 of title
38, United States Code.
(f) Termination.--Each advisory board established under subsection
(a) and the authorities and requirements of this section shall
terminate on October 1, 2015.
SEC. 7. MODIFICATION OF REQUIREMENT FOR PERIODIC REPORTS TO CONGRESS ON
OUTREACH ACTIVITIES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 6308 of title 38, United States Code, is
amended--
(1) in subsection (a), by striking ``even-numbered''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``biennial'';
(B) in paragraph (2), by inserting ``for
legislative and administrative action'' after
``Recommendations''; and
(C) by adding at the end the following new
paragraph:
``(3) Recommendations that such administrative actions as
may be taken--
``(A) to maximize resources for outreach activities
of the Department; and
``(B) to focus outreach efforts on activities that
are proven to be more effective.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading for section 6308 of such
title is amended by striking ``Biennial'' and inserting
``Annual''.
(2) Table of sections.--The table of sections at the
beginning of chapter 63 of such title is amended by striking
the item relating to section 6308 and inserting the following
new item:
``6308. Annual report to Congress.''. | Veterans' Outreach Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to carry out a two-year demonstration project to assess the feasibility and advisability of using state and local government agencies and nonprofit organizations to increase veteran awareness of available benefits and services, and to improve the coordination of outreach activities between the Secretary and federal, state, and local government and nonprofit providers of health care and benefit services for veterans. Allows the Secretary to extend such program for an additional two years. Authorizes the Secretary to enter into cooperative agreements with various state departments and agencies concerning the provision of veterans' activities. Requires the Secretary to include, in annual VA budget justification materials, a separate statement of amounts requested for outreach activities of the VA in aggregate as well as for each of the Office of the Secretary, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to establish: (1) an advisory committee on VA outreach activities; and (2) for each VA medical center, an advisory board relating to outreach activities at such center. Changes from biennial to annual a required report to Congress on VA outreach activities. Requires the inclusion in each report of recommendations: (1) to maximize resources for VA outreach activities, and (2) to focus such efforts on activities proven to be more effective. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Education Nexus in U.S. Act''
or the ``GENIUS Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) A host of growing challenges--international security,
global markets, immigration, world health, the environment, and
the emerging educational and material aspirations of the
world's poorest people--are fundamentally altering the
international landscape.
(2) Rapid technological advances and the information age
are shrinking the world, exponentially enlarging access of all
peoples to essential knowledge, concepts, and ideas, and
connecting Americans to their counterparts across the globe.
(3) The diversity of American workplaces, schools, and
communities increasingly parallels the world's diversity.
(4) Americans, in the performance of their citizenship
roles, are required to make informed judgments about the role
of the United States in the world, as well as the impact of
other nations and world regions on the United States.
(5) The place of the United States in the world will depend
on whether teachers, citizens, and policymakers of the United
States understand how international events shape the lives,
politics, economics, and security of the Nation.
(6) American-based multinational corporations, as well as
small businesses, increasingly need employees with knowledge of
foreign languages and cultures to market products to customers
domestically and around the globe, and to work effectively with
foreign employees and partners in other countries.
(7) It is the primary function of the Nation's schools to
prepare America's students to meet the requirements of the
workplace and to perform citizenship roles in dynamic and
rapidly changing domestic and global communities.
(8) Recent surveys consistently demonstrate the illiteracy
of young Americans in geography, economics, and world history,
as well as the low priority university students give to
learning about other countries and cultures.
(9) Only rarely do American high school or university
students elect to study geography, world history, international
relations, or global issues, or to obtain fluency in a foreign
language.
(10) School curricula and university programs of study are
not adequately aligned to new international and global
realities.
(11) State educational agencies and local educational
agencies must be encouraged to include international education
competency as part of teacher credentialing and licensing.
(b) Purposes.--The purposes of this Act are--
(1) to raise student achievement in world history and
cultures, international and global studies, and foreign
languages by increasing the international education competence
and literacy of elementary school and secondary school
teachers; and
(2) to support programs that supplement student educational
achievement in world history, international and global studies,
and foreign languages.
SEC. 3. DEPUTY ASSISTANT SECRETARY FOR INTERNATIONAL AND FOREIGN
LANGUAGE EDUCATION.
Section 205 of the Department of Education Organization Act (20
U.S.C. 3415) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``elementary, secondary,'' after
``affecting'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``, national nonprofit educational
organizations or consortiums of nonprofit educational
organizations, State educational agencies, local
educational agencies, and other nonprofit
organizations;''; and
(D) by adding at the end the following:
``(4) assist the Secretary in administering the grant
program under section 4 of the Global Education Nexus in U.S.
Act; and
``(5) develop an international education research
repository and make available the information contained in such
repository to any State educational agency and local
educational agency.''; and
(2) by adding at the end the following:
``(c) Definitions.--As used in this section--
``(1) the term `institution of higher education' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001);
``(2) the term `international education' means educational
subject matter related to world history, regions, cultures, and
geography, as well as foreign languages, contemporary world
issues, international relations, international economics,
humanitarian law, international and non-governmental
organizations, and the technology and communication mediums
related to such subject matter.
``(3) the term `international education research
repository' means a research repository containing
scientifically valid education research, promising and
exemplary practices related to international education,
including foreign language education, as well as any other
information related to international education that the
Secretary determines would be beneficial for State educational
agencies and local educational agencies in--
``(A) the professional development of teachers of
international education, including foreign language
education;
``(B) the implementation of international education
programs, including foreign language programs; and
``(C) improving the international education
competency, including foreign language competency, of
elementary school and secondary school students;
``(4) the term `national nonprofit educational
organizations or consortiums of nonprofit educational
organizations' means national nonprofit educational
organizations or consortiums of nonprofit educational
organizations that have as their primary purpose the
improvement of student competency in international education,
including foreign language competency, through effective
international education instruction, including foreign language
instruction, in elementary schools, secondary schools, and
institutions of higher education; and
``(5) the terms `local educational agency', `elementary
school', `secondary school', and `State educational agency'
have the meanings given such terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).''.
SEC. 4. INTERNATIONAL EDUCATION GRANTS.
(a) Grants Authorized.--From the funds appropriated under section
6, the Secretary, acting through the Deputy Assistant Secretary, shall
award grants on a competitive basis to eligible entities to promote
international education instruction in elementary schools and secondary
schools in accordance with subsection (c) by--
(1) increasing teacher competency with respect to
international education subject matter; and
(2) implementing supplemental international education
services.
(b) Grant Eligibility.--
(1) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
(2) Priority.--The Secretary shall give priority to
eligible entities that--
(A) are eligible for assistance under part A of
title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq.);
(B) offer professional development in international
education to all teachers and encourage the inclusion
of international education in core elementary school
and secondary school curricula; and
(C) the Secretary determines are most in need of
receiving assistance in the area of international
education.
(c) Uses of Funds.--An eligible entity awarded a grant under this
section shall use--
(1) 50 percent of such grant funds to develop, implement,
and strengthen programs to teach international education within
core elementary school and secondary school curricula, which
shall include programs with respect to international education
subject matter that--
(A) improve the quality of instruction; and
(B) provide professional development and teacher
education activities; and
(2) 50 percent of such grant funds to supplement core
academic subjects through supplemental international education
services outside of normal instruction hours, such as--
(A) Model United Nations;
(B) geography bees; and
(C) any other service or program deemed beneficial
to the development of student international education
competency by the Secretary.
SEC. 5. EVALUATION AND REPORT.
(a) Evaluation.--From the funds appropriated under section 6, the
Secretary shall conduct, through grant or by contract, a biennial
independent evaluation of the international education programs
administered by eligible entities under section 4 that--
(1) quantifies student academic achievement in
international education; and
(2) describes promising and exemplary practices of
preparing teachers to teach international education topics and
providing international education to students.
(b) Report.--From the funds appropriated under section 6, the
Secretary shall prepare, through grant or by contract, and submit to
each House of Congress, an annual independent report that includes--
(1) the total amount of grant funds awarded under section
4, and the geographic distribution of such awards;
(2) the results of the evaluation conducted under
subsection (a); and
(3) any other information deemed appropriate by the Deputy
Assistant Secretary or the Secretary.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $200,000,000 to carry out
this Act for fiscal year 2012 and such sums as may be necessary for
each fiscal year thereafter.
SEC. 7. DEFINITIONS.
In this Act:
(1) Deputy assistant secretary.--The term ``Deputy
Assistant Secretary'' means the Deputy Assistant Secretary for
International and Foreign Language Education in the Office of
Postsecondary Education of the Department of Education.
(2) Elementary school.--The term ``elementary school'' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency; or
(B) a partnership consisting of--
(i) a local educational agency; and
(ii) a private organization or institution
of higher education that provides such local
educational agency with funding to carry out
the activities described in section 4(c).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) International education.--The term ``international
education'' means educational subject matter related to world
history, regions, cultures, and geography, as well as foreign
languages, contemporary world issues, international relations,
international economics, humanitarian law, international and
non-governmental organizations, and the technology and
communication mediums related to such subject matter.
(6) International education research repository.--The term
``international education research repository'' means a
research repository containing scientifically valid education
research, promising and exemplary practices related to
international education, including foreign language education,
as well as any other information related to international
education that the Secretary determines would be beneficial for
State educational agencies and local educational agencies in--
(A) the professional development of teachers of
international education, including foreign language
education;
(B) the implementation of international education
programs, including foreign language programs; and
(C) improving the international education
competency, including foreign language competency, of
elementary school and secondary school students.
(7) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) National nonprofit educational organizations or
consortiums of nonprofit educational organizations.--The term
``national nonprofit educational organizations or consortiums
of nonprofit educational organizations'' means national
nonprofit educational organizations or consortiums of nonprofit
educational organizations that have as their primary purpose
the improvement of student competency in international
education, including foreign language competency, through
effective international education instruction, including
foreign language instruction, in elementary schools, secondary
schools, and institutions of higher education.
(9) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Global Education Nexus in U.S. Act or GENIUS Act - Amends the Department of Education Organization Act to require the Deputy Assistant Secretary for International and Foreign Language Education to: (1) assist the Secretary of Education in administering this Act's grant program, and (2) develop an international education research repository and make it available to states and local educational agencies (LEAs).
Directs the Secretary, acting through the Deputy Assistant Secretary, to award competitive grants to LEAs, or partnerships between LEAs and private organizations or institutions of higher education that provide their LEA partners with funding, to promote international education in elementary and secondary schools.
Requires each grantee to use: (1) one-half of its grant on enhancing international education within core curricula, such as by increasing teacher competency; and (2) the other half on providing supplemental international education services outside of normal instruction hours.
Directs the Secretary to conduct a biennial independent evaluation of such international education programs. | billsum_train |
Make a summary of the following text: SECTION 1. LAW ENFORCEMENT POWERS OF INSPECTOR GENERAL AGENTS.
(a) In General.--Section 6 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(e)(1) In addition to the authority otherwise provided by this
Act, each Inspector General appointed under section 3, any Assistant
Inspector General for Investigations under such an Inspector General,
and any special agent supervised by such an Assistant Inspector General
may be authorized by the Attorney General to--
``(A) carry a firearm while engaged in official duties
conducted under this Act or other statute, or as expressly
authorized by the Attorney General;
``(B) make an arrest without a warrant while engaged in
official duties conducted under this Act or other statute, or
as expressly authorized by the Attorney General, for any
offense against the United States committed in the presence of
such Inspector General, Assistant Inspector General, or agent,
or for any felony cognizable under the laws of the United
States if such Inspector General, Assistant Inspector General,
or agent has reasonable grounds to believe that the person to
be arrested has committed or is committing such felony; and
``(C) seek and execute warrants for arrest, search of a
premises, or seizure of evidence issued under the authority of
the United States upon probable cause to believe that a
violation has been committed.
``(2) The Attorney General may authorize exercise of the powers
under this subsection only upon an initial determination that--
``(A) the affected Office of Inspector General is
significantly hampered in the performance of responsibilities
established by this Act as a result of the lack of such powers;
``(B) available assistance from other law enforcement
agencies is insufficient to meet the need for such powers; and
``(C) adequate internal safeguards and management
procedures exist to ensure proper exercise of such powers.
``(3) The Inspector General offices of the Department of Commerce,
Department of Education, Department of Energy, Department of Health and
Human Services, Department of Housing and Urban Development, Department
of the Interior, Department of Justice, Department of Labor, Department
of State, Department of Transportation, Department of the Treasury,
Department of Veterans Affairs, Agency for International Development,
Environmental Protection Agency, Federal Deposit Insurance Corporation,
Federal Emergency Management Agency, General Services Administration,
National Aeronautics and Space Administration, Nuclear Regulatory
Commission, Office of Personnel Management, Railroad Retirement Board,
Small Business Administration, and Social Security Administration are
exempt from the requirement of paragraph (2) of an initial
determination of eligibility by the Attorney General.
``(4) The Attorney General shall promulgate, and revise as
appropriate, guidelines which shall govern the exercise of the law
enforcement powers established under paragraph (1).
``(5) Powers authorized for an Office of Inspector General under
paragraph (1) shall be rescinded or suspended upon a determination by
the Attorney General that any of the requirements under paragraph (2)
is no longer satisfied or that the exercise of authorized powers by
that Office of Inspector General has not complied with the guidelines
promulgated by the Attorney General under paragraph (4).
``(6) A determination by the Attorney General under paragraph (2)
or (5) shall not be reviewable in or by any court.
``(7) To ensure the proper exercise of the law enforcement powers
authorized by this subsection, the Offices of Inspector General
described under paragraph (3) shall, not later than 180 days after the
date of enactment of this subsection, collectively enter into a
memorandum of understanding to establish an external review process for
ensuring that adequate internal safeguards and management procedures
continue to exist within each Office and within any Office that later
receives an authorization under paragraph (2). The review process shall
be established in consultation with the Attorney General, who shall be
provided with a copy of the memorandum of understanding that
establishes the review process. Under the review process, the exercise
of the law enforcement powers by each Office of Inspector General shall
be reviewed periodically by another Office of Inspector General or by a
committee of Inspectors General. The results of each review shall be
communicated in writing to the applicable Inspector General and to the
Attorney General.
``(8) No provision of this subsection shall limit the exercise of
law enforcement powers established under any other statutory authority,
including United States Marshals Service special deputation.''.
(b) Promulgation of Initial Guidelines.--
(1) Definition.--In this subsection, the term ``memoranda
of understanding'' means the agreements between the Department
of Justice and the Inspector General offices described under
section 6(e)(3) of the Inspector General Act of 1978 (5 U.S.C.
App) (as added by subsection (a) of this section) that--
(A) are in effect on the date of enactment of this
Act; and
(B) authorize such offices to exercise authority
that is the same or similar to the authority under
section 6(e)(1) of such Act.
(2) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall promulgate
guidelines under section 6(e)(4) of the Inspector General Act
of 1978 (5 U.S.C. App) (as added by subsection (a) of this
section) applicable to the Inspector General offices described
under section 6(e)(3) of that Act.
(3) Minimum requirements.--The guidelines promulgated under
this subsection shall include, at a minimum, the operational
and training requirements in the memoranda of understanding.
(4) No lapse of authority.--The memoranda of understanding
in effect on the date of enactment of this Act shall remain in
effect until the guidelines promulgated under this subsection
take effect.
(c) Effective Dates.--
(1) In general.--Subsection (a) shall take effect 180 days
after the date of enactment of this Act.
(2) Initial guidelines.--Subsection (b) shall take effect
on the date of enactment of this Act. | Empowers the Attorney General to authorize the exercise of such powers only upon an initial determination that: (1) the affected Office of Inspector General is significantly hampered in the performance of such responsibilities as a result of the lack of such powers; (2) available assistance from other law enforcement agencies is insufficient to meet the need for exercising such powers; and (3) adequate internal safeguards and management procedures exist to ensure proper exercise of those powers.
Exempts specified Offices of Inspector General from such an initial determination of eligibility. Directs such Offices to collectively enter into a memorandum of understanding to establish an external review process for ensuring that such safeguards and procedures continue to exist within each Office and any Office that receives such an authorization. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korea State Sponsor of
Terrorism Designation Act of 2016''.
SEC. 2. REPORT ON DESIGNATION OF NORTH KOREA AS A STATE SPONSOR OF
TERRORISM.
(a) Findings.--Congress finds the following:
(1) The Government of North Korea has harbored members of
the Japanese Red Army since a 1970 hijacking and continues to
harbor the surviving hijackers to this day.
(2) North Korea bombed Korean Airlines Flight 858 in
November 1987, killing 115 people, and carried out the Rangoon
bombing of 1983, killing 21 people, including 13 senior South
Korean officials and two members of the Presidential Guard.
(3) In 2005, a North Korean agent, Ryu Young-Hwa, was
convicted in a South Korean court and sentenced to 10 years in
prison for his involvement in the kidnapping of the Reverend
Kim Dong-shik, a lawful permanent resident of the United
States, in 2000. In 2005, then-Senator Barack Obama was among
20 members of the Illinois congressional delegation stating
that they would not support the removal of North Korea from the
list of state sponsors of terrorism until it provided a full
accounting of Rev. Kim's fate.
(4) Of the three states currently on the list of State
Sponsors of Terrorism, both Iran and Syria are designated as
State Sponsors of Terrorism for their support of Hamas and
Hezbollah. The Department of State's 2005, 2007, 2010, 2012,
and 2013 ``Country Reports'' all cited Iran and Syria for
supplying weapons to Hezbollah through Syrian territory, and
most of them also cited Iran's training of Hezbollah.
(5) In October 2008, a South Korean court convicted Won
Jeong-hwa, a North Korean agent, for attempting to assassinate
a South Korean military officer in Hong Kong, and sentenced her
to 5 years in prison.
(6) In December 2009, a North Korean arms shipment aboard
an Ilyushin Il-76 cargo plane was discovered and seized by
authorities of the Government of Thailand. The cargo, which was
marked as consisting of oil-drilling equipment, contained 35
tons of rockets, surface-to-air missiles (MANPADS), explosives,
rocket-propelled grenades, and other weaponry. A similar
shipment was impounded in the United Arab Emirates a few months
earlier in July 2009. A third shipment was intercepted by the
Israeli government in the Eastern Mediterranean in November
2009. According to published media reports, United States and
Israeli intelligence agencies concluded that the shipments were
destined for Iranian-backed terrorists, including Hezbollah,
Hamas, and the Quds Force. Another large quantity of shipments
to both Hamas and Hezbollah, is believed to have been
transferred unnoticed.
(7) In June of 2010, Major Kim Myong-ho and Major Dong
Myong-gwan of North Korea's Reconnaissance General Bureau pled
guilty in a South Korean court to attempting to assassinate
Hwang Jang-yop, a North Korean dissident in exile, on the
orders of Lieutenant General Kim Yong-chol, the head of North
Korea's Reconnaissance General Bureau. The court sentenced each
defendant to 10 years in prison.
(8) On July 16, 2010, in the case of Calderon-Cardona v.
Democratic People's Republic of Korea (case number 08-01367),
the United States District Court for the District of Puerto
Rico found that the Government of North Korea provided material
support to the Japanese Red Army, designated as a Foreign
Terrorist Organization between 1997 and 2001, in furtherance of
a 1972 terrorist attack at Lod Airport, Israel that killed 26
people, including 17 Americans.
(9) On November 23, 2010, North Korea shelled South Korea's
Yeonpyeong Island with at least 50 artillery shells, killing 4,
including two civilians, and injuring 22 others.
(10) In November 2012, a South Korean court sentenced An
Hak-young, a North Korean agent, to 4 years in prison for
attempting to assassinate Park Sang-hak, a North Korean
dissident in exile.
(11) In December 2012, according to South Korean press
reports, South Korean prosecutors determined that North Korean
agents assassinated Kim Chang-hwan, a human rights activist
helping North Korean refugees, in Dandong, China in August
2011, using a poisoned needle.
(12) According to a report in the Los Angeles Times, a
North Korean agent was suspected in an attempt to assassinate
another human rights activist with a poisoned needle in Yanji,
China, the following day.
(13) North Korea has committed violent acts directly
against its own citizens abroad. In 2013, news reports
highlighted an attempt to kidnap a North Korean student in
Paris.
(14) On April 18, 2013, Michael Flynn, the Director of the
Defense Intelligence Agency testified that Syria's liquid-
propellant missile program depends on essential foreign
equipment and assistance, primarily from North Korean entities.
Further statements by United States Government officials report
that North Korea helped Syria build the Al Kibar nuclear
reactor, which Israel destroyed in 2007, and could have been
used to produce plutonium for nuclear weapons.
(15) In the case of Chaim Kaplan v. Hezbollah (case number
09-646), a United States district court found in 2014 that
North Korea materially supported terrorist attacks by
Hezbollah, a designated Foreign Terrorist Organization, against
Israel in 2006.
(16) In July 2014, press reports indicated that militants
from Hamas, a designated Foreign Terrorist Organization,
attempted to negotiate a new arms deal with North Korea for
missiles and communications equipment that would have allowed
the militants to maintain their armed terrorist attacks against
Israel. Security officials announced that the deal between
Hamas and North Korea was worth hundreds of thousands of
dollars and was handled by a Lebanese-based trading company.
(17) On November 24, 2014, a hacker group that identified
itself as the ``Guardians of Peace'' leaked confidential data
from the film studio Sony Pictures Entertainment. The data
included personal information about Sony Pictures employees, e-
mails between employees, information about executive salaries
at the company, copies of then-unreleased Sony films, and other
information.
(18) On December 16, 2015, the ``Guardians of Peace'' sent
a message to Sony Pictures, to ``clearly show it to you at the
very time and places `The Interview' be shown . . . how bitter
fate those who seek fun in terror should be doomed to''. The
message further stated, ``The world will be full of fear'',
``[. . .] Remember the 11th of September 2001'', and ``We
recommend you to keep yourself distant from the places at that
time.''. The threat caused theaters across the United States to
cancel showings of ``The Interview'' and caused Sony Pictures
to cancel the release of the film in theaters.
(19) On December 19, 2015, the Federal Bureau of
Investigation concluded that North Korea was responsible for
the cyber attack on Sony Pictures Entertainment and the threat
against the movie theaters, and that the ``Guardians of Peace''
was a unit of North Korea's Reconnaissance General Bureau, its
foreign intelligence service.
(20) In March 2015, the South Korean government publicly
accused North Korea of responsibility for a December 2014 cyber
attack against multiple nuclear power plants in South Korea,
stated that the attacks were intended to cause a malfunction at
the plants' reactors, and described the attacks as acts of
``cyber-terror targeting our country''.
(21) On April 13, 2015, the U.S. District Court for the
District of Columbia, in the matter of Kim v. Democratic
People's Republic of Korea (case number 13-7147), awarded Rev.
Kim's family $330,000,000 in compensatory and punitive damages
against the Government of North Korea for the kidnapping,
torture, and murder of Rev. Kim.
(22) On May 17, 2015, prosecutors in Seoul announced the
arrest and indictment of three South Koreans for conspiring to
murder Hwang Jang-yop and other North Korean dissidents in
exile, at the behest of the Government of North Korea.
(23) On October 22, 2015, Ambassador Sung Kim, Special
Representative for North Korea Policy with the U.S. Department
of State, testified before the House Foreign Affairs
Subcommittee on Terrorism, Nonproliferation, and Trade that
North Korea's ``conduct poses a growing threat to the United
States, our friends in the region, and the global
nonproliferation regime'' and Ms. Hilary Batjer Johnson, Deputy
Coordinator for Homeland Security, Screening, and Designations
with the U.S. Department of State noted that ``weapons
transfers that violate nonproliferation or missile control
regimes could be a relevant factor for consideration, depending
on the circumstances, consistent with the statutory criteria
for designation as a state sponsor of terrorism''.
(24) North Korea was designated a State Sponsor of
Terrorism on January 20, 1988, for repeatedly providing support
of acts of international terrorism.
(25) However, on October 11, 2008, North Korea's
designation as a State Sponsor of Terrorism was rescinded,
following commitments by the Government of North Korea to
completely, verifiably, and irreversibly dismantle its nuclear
weapons program.
(26) Consequences of a State Sponsors of Terrorism
designation include a ban on arms-related exports and sales;
restrictions on exports of dual-use items; restrictions on
foreign assistance; financial sanctions against transactions
with the designated government; imposition of miscellaneous
trade and other restrictions; and potential liability in United
States courts for acts that fall within the terrorism exception
of the Foreign Sovereign Immunities Act. The Criminal Code also
prohibits financial transactions by United States persons with
the governments of State Sponsors of Terrorism listed states.
Issuers of securities must disclose in their public filings any
investments in states whose governments sponsor terrorism.
Finally, a designation requires United States representatives
to oppose any benefits or extensions of credit to the listed
states by international financial institutions.
(b) Sense of Congress.--It is the sense of the Congress that North
Korea meets the criteria for designation as a state sponsor of
terrorism and should be so designated.
(c) Report; Determination or Justification.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that finds, with
respect to each of the acts described in paragraphs (1) to (23)
of subsection (a), whether--
(A) the Government of North Korea, including any
agents or instrumentalities of the Government of North
Korea, directly or indirectly, committed, conspired to
commit, attempted, aided, or abetted such act; and
(B) such act constitutes support for international
terrorism.
(2) Determination or justification.--If the Secretary finds
that the Government of North Korea, including any agents or
instrumentalities of the Government of North Korea, directly or
indirectly, committed, conspired to commit, attempted, aided,
or abetted any of the acts described in paragraphs (1) to (22)
of subsection (a), and that any such act constitutes support
for international terrorism, the Secretary of State shall also
submit to the appropriate congressional committees--
(A) a determination that North Korea is a state
sponsor of terrorism; or
(B) a detailed justification as to why the conduct
described in the report required under paragraph (1)
does not meet the legal criteria for such a
determination.
(3) Inclusion.--The report required by paragraph (1) shall
also be included in the first annual report required to be
submitted under section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f)
on or after the date of the enactment of this Act.
(d) Form.--The report required by subsection (c)(1) shall be
submitted in unclassified form, but may include a classified annex, if
appropriate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) North korea.--The term ``North Korea'' means the
Democratic People's Republic of Korea.
(3) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. 4605(j))
(as in effect pursuant to the International Emergency Economic
Powers Act), section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371), section 40 of the Arms Export Control Act (22
U.S.C. 2780), or any other provision of law, is a government
that has repeatedly provided support for acts of international
terrorism. | North Korea State Sponsor of Terrorism Designation Act of 2016 This bill expresses the sense of Congress that North Korea meets the criteria for, and should be designated as, a state sponsor of terrorism. The President shall submit to Congress a report that finds, with respect to each of 22 acts specified by this bill, whether: (1) North Korea or any of its agents or instrumentalities committed, conspired to commit, attempted, or abetted such act; and (2) such act constitutes support for international terrorism. If the President finds that North Korea or its agents or instrumentalities committed any of such acts, the Department of State shall submit to Congress: (1) a determination that North Korea is a state sponsor of terrorism, or (2) a detailed justification as to why the conduct does not meet the legal criteria for such a determination. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Excellence in
Research and Development Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The end of the Cold War has resulted in a cessation of
underground nuclear testing at the Department of Energy
facility known as the Nevada Test Site, Nevada.
(2) Because the world political situation is ever-changing
and dangerous, it is imperative that the United States remain
strong militarily and continue to be a nuclear superpower.
(3) It is imperative that the Nevada Test Site be
maintained in a full state of readiness to ensure the
capability of the nuclear arsenal of the United States.
(4) The Nevada Test Site is in a beneficial location for
activities suitable for research and development of emerging
technologies that will be important to the United States in the
21st century.
(5) Technology development carried out at the Nevada Test
Site should include private-sector industries as well as
military projects.
(6) The Nevada Test Site can support the stewardship of the
Nation's nuclear weapons stockpile, the non-proliferation of
nuclear weapons, and the technological competitiveness of the
United States by providing the environment for nuclear and non-
nuclear test and demonstration experiments and projects for
government, industry, and academia.
(7) The Nevada Test Site can provide the infrastructure to
support industrial and civilian tests of environmentally
demanding projects and programs.
(8) The Nevada Test Site can support the testing and
demonstration of environmental clean-up technologies by
government and industry and can support the testing of
alternative and renewable energy sources for environmentally
clean and economically competitive replacements for traditional
fossil energy sources and uses in many parts of Nevada and in
the United States as a whole.
(9) The Nevada Test Site can provide support for
disarmament activities such as the demonstration of rocket
motor destruction technology and conventional munitions
destruction technology.
(10) The Nevada Test Site can support non-proliferation
experiments in disablement, nuclear forensics, sensors, and
verification and monitoring.
(11) The Nevada Test Site can support treaty-compliant
experiments for stockpile stewardship purposes.
(12) The size and remoteness of the Nevada Test Site make
the Nevada Test Site well-suited for a multitude of activities
associated with the restructuring of the United States
military.
SEC. 3. PURPOSES.
It is the purpose of this Act--
(1) to ensure full operational readiness of the underground
nuclear testing facilities and infrastructure of the Nevada
Test Site;
(2) to ensure an appropriate level of funds for such
readiness to be maintained;
(3) to create a National Test and Demonstration Center of
Excellence at the Nevada Test Site for the promotion of
disarmament, demilitarization, alternative and renewable energy
sources, the non-proliferation of nuclear weapons, sensor
development, and environmentally sensitive technologies; and
(4) to ensure the availability of the Nevada Test Site,
within appropriate restrictions, for use by private-sector
industries seeking to make use of the inherent qualities that
make the Nevada Test Site the greatest outdoor laboratory in
the world.
SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE.
(a) Authorization of Appropriations.--
(1) In general.--The amount referred to in paragraph (2) is
hereby authorized to be appropriated to the Secretary of Energy
for fiscal year 1995 to maintain the operational readiness of
the underground nuclear testing facilities and infrastructure
of the Nevada Test Site.
(2) Authorized amount.--The amount referred to in paragraph
(1) is the amount appropriated to the Secretary of Energy for
fiscal year 1992 to maintain the operational readiness the
underground nuclear testing facilities and infrastructure of
the Nevada Test Site, adjusted for inflation using the Consumer
Price Index.
(b) Staffing Levels.--During fiscal year 1995, the Secretary of
Energy shall, to the maximum extent practicable, maintain a staffing
level at the Nevada Test Site that is equal to the staffing level at
the Nevada Test Site during fiscal year 1992.
(c) Environmental and Infrastructure Assessment Activities.--The
Secretary of Energy, through the Nevada Test Site Operations Office,
shall carry out any environmental and infrastructure activities
necessary to accommodate new projects and initiatives at the Nevada
Test Site.
SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE.
(a) Establishment.--There is hereby established within the
Department of Energy a National Test and Demonstration Center of
Excellence (hereafter in this Act referred to as the ``Center''), to be
located at the Nevada Test Site, Nevada.
(b) Purpose.--It shall be the purpose of the Center to promote
disarmament, demilitarization, alternative and renewable energy
sources, the non-proliferation of nuclear weapons, sensor development,
and environmentally sensitive technologies.
(c) Activities Related to Alternative and Renewable Energy
Sources.--The Center shall carry out the following testing and
demonstration activities that are related to alternative and renewable
energy sources:
(1) The characterization of solar and geothermal resources
at the Nevada Test Site.
(2) The development of alternative and renewable energy
sources, including, as a goal of the Center, the development
and completion of two 100-megawatt solar power plants by the
year 2000.
(3) The conduct of a National Alternative-Fueled Vehicles
Program, the objective of which shall be to demonstrate the
regional use of natural gas, electricity, and hydrogen as
vehicle fuels.
(d) Activities Related to Disarmament and Demilitarization.--The
Center shall carry out testing and demonstration activities that are
related to changes occurring in United States military as a result of
the end of the Cold War, including testing and demonstration activities
with respect to--
(1) the demilitarization of large rocket motor and
conventional ordnance; and
(2) disarmament and demilitarization, generally.
(e) Activities Related to Nuclear Stockpile Stewardship.--The
Center shall carry out testing and demonstration activities related to
the stewardship of the nuclear stockpile of the United States. Such
activities shall include--
(1) the conduct of treaty-compliant experiments;
(2) the provision of support to the Department of Energy
nuclear weapons complex; and
(3) the conduct of programs for the Department of Energy
and the Department of Defense to develop simulator technologies
for nuclear weapons design and effects, including advanced
hydrodynamic simulators, inertial confinement fusion test
facilities, and nuclear weapons effects simulators (such as the
Decade and Jupiter simulators).
(f) Activities Related to Non-proliferation.--The Center shall
carry out experiments related to the non-proliferation of nuclear
weapons, including experiments with respect to disablement, nuclear
forensics, sensors, and verification and monitoring.
(g) Activities Related to Environmental Technologies.--The Center
shall carry out testing and demonstration activities related to the
development of environmental technologies, including--
(1) the demonstration of technologies concerning the
remediation of toxic and hazardous chemicals; and
(2) the conduct of training activities pertaining to
emergency response to radioactive, hazardous, and toxic
accidents and emergencies.
(h) Other Activities.--The Center may carry out the testing and
demonstration of any other technology which is appropriate for testing
and demonstration at the Nevada Test Site.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Except as provided in section 4, there is hereby authorized to be
appropriated to the Secretary of Energy for fiscal year 1995 such sums
as may be necessary to carry out this Act. | National Center for Excellence in Research and Development Act of 1993 - Authorizes appropriations to the Secretary of Energy for the underground nuclear testing facilities and infrastructure of the Nevada Test Site.
Establishes within the Department of Energy a National Test and Demonstration Center for Excellence at the Nevada Test Site, Nevada, to implement testing and demonstration activities related to: (1) alternative and renewable energy sources; (2) demilitarization and disarmament; (3) nuclear stockpile stewardship; (4) non-proliferation of nuclear weapons; and (5) environmental technologies. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Funding Accountability and
Transparency Act of 2006''.
SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDING.
(a) Definitions.--In this section:
(1) Entity.--The term ``entity''--
(A) includes, whether for profit or nonprofit--
(i) a corporation;
(ii) an association;
(iii) a partnership;
(iv) a limited liability company;
(v) a limited liability partnership;
(vi) a sole proprietorship;
(vii) any other legal business entity;
(viii) any other grantee or contractor that is not
excluded by subparagraph (B) or (C); and
(ix) any State or locality;
(B) on and after January 1, 2009, includes any
subcontractor or subgrantee; and
(C) does not include--
(i) an individual recipient of Federal assistance; or
(ii) a Federal employee.
(2) Federal award.--The term ``Federal award''--
(A) means Federal financial assistance and expenditures
that--
(i) include grants, subgrants, loans, awards,
cooperative agreements, and other forms of financial
assistance;
(ii) include contracts, subcontracts, purchase orders,
task orders, and delivery orders;
(B) does not include individual transactions below $25,000;
and
(C) before October 1, 2008, does not include credit card
transactions.
(3) Searchable website.--The term ``searchable website'' means
a website that allows the public to--
(A) search and aggregate Federal funding by any element
required by subsection (b)(1);
(B) ascertain through a single search the total amount of
Federal funding awarded to an entity by a Federal award
described in paragraph (2)(A)(i), by fiscal year;
(C) ascertain through a single search the total amount of
Federal funding awarded to an entity by a Federal award
described in paragraph (2)(A)(ii), by fiscal year; and
(D) download data included in subparagraph (A) included in
the outcome from searches.
(b) In General.--
(1) Website.--Not later than January 1, 2008, the Office of
Management and Budget shall, in accordance with this section,
section 204 of the E-Government Act of 2002 (Public Law 107-347; 44
U.S.C. 3501 note), and the Office of Federal Procurement Policy Act
(41 U.S.C. 403 et seq.), ensure the existence and operation of a
single searchable website, accessible by the public at no cost to
access, that includes for each Federal award--
(A) the name of the entity receiving the award;
(B) the amount of the award;
(C) information on the award including transaction type,
funding agency, the North American Industry Classification
System code or Catalog of Federal Domestic Assistance number
(where applicable), program source, and an award title
descriptive of the purpose of each funding action;
(D) the location of the entity receiving the award and the
primary location of performance under the award, including the
city, State, congressional district, and country;
(E) a unique identifier of the entity receiving the award
and of the parent entity of the recipient, should the entity be
owned by another entity; and
(F) any other relevant information specified by the Office
of Management and Budget.
(2) Scope of data.--The website shall include data for fiscal
year 2007, and each fiscal year thereafter.
(3) Designation of agencies.--The Director of the Office of
Management and Budget is authorized to designate one or more
Federal agencies to participate in the development, establishment,
operation, and support of the single website. In the initial
designation, or in subsequent instructions and guidance, the
Director may specify the scope of the responsibilities of each such
agency.
(4) Agency responsibilities.--Federal agencies shall comply
with the instructions and guidance issued by the Director of the
Office of Management and Budget under paragraph (3), and shall
provide appropriate assistance to the Director upon request, so as
to assist the Director in ensuring the existence and operation of
the single website.
(c) Website.--The website established under this section--
(1) may use as the source of its data the Federal Procurement
Data System, Federal Assistance Award Data System, and Grants.gov,
if all of these data sources are searchable through the website and
can be accessed in a search on the website required by this Act,
provided that the user may--
(A) specify such search shall be confined to Federal
contracts and subcontracts;
(B) specify such search shall be confined to include
grants, subgrants, loans, awards, cooperative agreements, and
other forms of financial assistance;
(2) shall not be considered in compliance if it hyperlinks to
the Federal Procurement Data System website, Federal Assistance
Award Data System website, Grants.gov website, or other existing
websites, so that the information elements required by subsection
(b)(1) cannot be searched electronically by field in a single
search;
(3) shall provide an opportunity for the public to provide
input about the utility of the site and recommendations for
improvements;
(4) shall be updated not later than 30 days after the award of
any Federal award requiring a posting; and
(5) shall provide for separate searches for Federal awards
described in subsection (a) to distinguish between the Federal
awards described in subsection (a)(2)(A)(i) and those described in
subsection (a)(2)(A)(ii).
(d) Subaward Data.--
(1) Pilot program.--
(A) In general.--Not later than July 1, 2007, the Director
of the Office of Management and Budget shall commence a pilot
program to--
(i) test the collection and accession of data about
subgrants and subcontracts; and
(ii) determine how to implement a subaward reporting
program across the Federal Government, including--
(I) a reporting system under which the entity
issuing a subgrant or subcontract is responsible for
fulfilling the subaward reporting requirement; and
(II) a mechanism for collecting and incorporating
agency and public feedback on the design and utility of
the website.
(B) Termination.--The pilot program under subparagraph (A)
shall terminate not later than January 1, 2009.
(2) Reporting of subawards.--
(A) In general.--Based on the pilot program conducted under
paragraph (1), and, except as provided in subparagraph (B), not
later than January 1, 2009, the Director of the Office of
Management and Budget--
(i) shall ensure that data regarding subawards are
disclosed in the same manner as data regarding other
Federal awards, as required by this Act; and
(ii) shall ensure that the method for collecting and
distributing data about subawards under clause (i)--
(I) minimizes burdens imposed on Federal award
recipients and subaward recipients;
(II) allows Federal award recipients and subaward
recipients to allocate reasonable costs for the
collection and reporting of subaward data as indirect
costs; and
(III) establishes cost-effective requirements for
collecting subaward data under block grants, formula
grants, and other types of assistance to State and
local governments.
(B) Extension of deadline.--For subaward recipients that
receive Federal funds through State, local, or tribal
governments, the Director of the Office of Management and
Budget may extend the deadline for ensuring that data regarding
such subawards are disclosed in the same manner as data
regarding other Federal awards for a period not to exceed 18
months, if the Director determines that compliance would impose
an undue burden on the subaward recipient.
(e) Exception.--Any entity that demonstrates to the Director of the
Office of Management and Budget that the gross income, from all
sources, for such entity did not exceed $300,000 in the previous tax
year of such entity shall be exempt from the requirement to report
subawards under subsection (d), until the Director determines that the
imposition of such reporting requirements will not cause an undue
burden on such entities.
(f) Construction.--Nothing in this Act shall prohibit the Office of
Management and Budget from including through the website established
under this section access to data that is publicly available in any
other Federal database.
(g) Report.--
(1) In general.--The Director of the Office of Management and
Budget shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Government
Reform of the House of Representatives an annual report regarding
the implementation of the website established under this section.
(2) Contents.--Each report submitted under paragraph (1) shall
include--
(A) data regarding the usage and public feedback on the
utility of the site (including recommendations for improving
data quality and collection);
(B) an assessment of the reporting burden placed on Federal
award and subaward recipients; and
(C) an explanation of any extension of the subaward
reporting deadline under subsection (d)(2)(B), if applicable.
(3) Publication.--The Director of the Office of Management and
Budget shall make each report submitted under paragraph (1)
publicly available on the website established under this section.
SEC. 3. CLASSIFIED INFORMATION.
Nothing in this Act shall require the disclosure of classified
information.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTING REQUIREMENT.
Not later than January 1, 2010, the Comptroller General shall
submit to Congress a report on compliance with this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Federal Funding Accountability and Transparency Act of 2006 - Directs the Office of Management and Budget (OMB), by January 1, 2008, to ensure the existence and operation of a single searchable website accessible by the public at no cost that includes for each federal award of federal financial assistance and expenditures (excluding individual transactions below $25,000 and credit card transactions before October 1, 2008): (1) the amount; (2) information including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number, program source, and an award title descriptive of the purpose of each funding action; (3) the name and location of the recipient and the primary location of performance; and (4) a unique identifier of the recipient and any parent entity.
Requires the website to include data for FY2007 and each fiscal year thereafter. Authorizes the Director of OMB to designate federal agencies to participate in the development, establishment, operation, and support of the website.
Provides that the website: (1) may use as the source of its data the Federal Procurement Data System, Federal Assistance Award Data System, and Grants.gov, if all of these sources are searchable through the website and can be accessed in a search as prescribed under this Act; (2) shall not be considered in compliance if it hyperlinks to websites so that the information elements required in this Act cannot be searched electronically by field in a single search; (3) shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements; (4) shall be updated not later than 30 days after issuance of any federal award requiring a posting; and (5) shall provide for separate searches that distinguish between awards that are grants, subgrants, loans, cooperative agreements, and other forms of financial assistance and awards that are contracts, subcontracts, purchase orders, task orders, and delivery orders.
Requires the Director, by July 1, 2007, to commence a pilot program to: (1) test the collection and accession of data about subgrants and subcontracts; and (2) determine how to implement a subaward reporting program across the federal government. Terminates the pilot program by January 1, 2009.
Requires the Director, by January 1, 2009 (subject to an 18-month extension if compliance would impose an undue burden), to ensure that: (1) data regarding subawards is disclosed in the same manner as data regarding other federal awards under this Act; and (2) the method for collecting and distributing subawards data minimizes burdens imposed on federal award and subaward recipients, allows such recipients to allocate reasonable costs for data collection and reporting as indirect costs, and establishes cost-effective requirements for collecting subaward data under block grants, formula grants, and other types of assistance to state and local governments. Exempts any entity that demonstrates that its gross income did not exceed $300,000 in the previous tax year from the requirement to report subawards until the Director determines that the imposition of such requirement will not cause an undue burden.
Requires the Director to report annually to Congress regarding website implementation and make each report submitted publicly available on the website.
States that nothing in this Act shall prohibit OMB from including through the website access to data that is publicly available in any other federal database or require the disclosure of classified information.
Requires the Comptroller General to submit to Congress a report on compliance with this Act by January 1, 2010. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Clatsop National Memorial
Expansion Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The cross-country expedition of Meriwether Lewis and
William Clark, known as ``The Corps of Discovery'', was a very
important exploratory journey in American history that provided
invaluable geographic, scientific, and cultural information.
(2) In 1805, the members of the Lewis and Clark Expedition
built Fort Clatsop at the mouth of the Columbia River near
Astoria, Oregon, where they spent 106 days waiting for the end
of winter and preparing for their journey home.
(3) As the westernmost point and the second longest
stopover of the expedition, and as the site where Lewis and
Clark edited their journals and prepared many of their maps,
Fort Clatsop is a uniquely special place in the journey of
Lewis and Clark.
(4) The Fort Clatsop National Memorial was created by
Congress in 1958 for the purpose of commemorating the
culmination, and the winter encampment, of the Lewis and Clark
Expedition following its successful crossing of the North
American continent, and is the only National Park Service site
solely dedicated to the Lewis and Clark Expedition.
(5) The 1995 General Management Plan for the Fort Clatsop
National Memorial, prepared with input from the local
community, calls for the addition of lands to the memorial to
include the trail used by expedition members to travel from the
fort to the Pacific Ocean and to include the shore and forest
lands surrounding the fort and trail to protect their natural
settings.
(6) Expansion of the Fort Clatsop National Memorial would
require Federal legislation because the size of the memorial is
currently limited by statute to 130 acres.
(7) Congressional action to allow for the expansion of Fort
Clatsop would be both timely and appropriate before the start
of the national bicentennial celebration of the Lewis and Clark
Expedition planned to take place during the years 2004 through
2006.
SEC. 3. ACQUISITION OF LANDS FOR FORT CLATSOP NATIONAL MEMORIAL.
The Act entitled ``An Act to provide for the establishment of Fort
Clatsop National Memorial in the State of Oregon, and for other
purposes'', approved May 29, 1958 (Chapter 158; 72 Stat. 153), is
amended--
(1) in section 2 (16 U.S.C. 450mm-1)--
(A) by striking ``: Provided,'' and all that
follows through the end of the sentence and inserting a
period;
(B) by inserting ``(a)'' before ``The Secretary of
the Interior''; and
(C) by adding at the end the following:
``(b) In addition to the land and improvements designated under
subsection (a), the Fort Clatsop National Memorial shall include land
and improvements that are acquired by the Secretary of the Interior
under section 3(b).'';
(2) in section 3 (16 U.S.C. 450mm-2), by inserting ``(a)''
before ``Within the area'', and by adding at the end the
following:
``(b)(1) In addition to lands acquired under subsection (a), the
Secretary of the Interior may acquire for inclusion in the Fort Clatsop
National Memorial any land or improvements located in areas identified
on the map entitled `Fort Clatsop Boundary Map' and numbered 405-80016-
CCO-June 1996 as appropriate to preserve the historic scene and provide
lands for the Lewis and Clark National Historic Trail.
``(2) The Secretary may make acquisitions under this subsection
only by purchase from willing sellers using appropriated or donated
amounts, by willing donation, or by exchange in accordance with
paragraph (3).
``(3)(A) To acquire land or improvements under this subsection by
exchange, the Secretary may enter into exchanges of lands or
improvements administered by the National Park Service, the Forest
Service, or the Bureau of Land Management for lands or improvements in
Clatsop County, Oregon, that are of approximately equal value and that
are owned by any non-Federal person.
``(B) An exchange under this paragraph shall be made--
``(i) in the case of an exchange of land or improvements
administered or to be administered after the exchange by the
Forest Service, in accordance with otherwise applicable
provisions of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000
et seq.), the Act of March 1, 1911 (Chapter 186; 16 U.S.C.
552), popularly known as the Weeks Law, and other provisions of
law governing the disposal or acquisition by exchange of
National Forest lands; and
``(ii) in the case of an exchange of land or improvements
administered or to be administered after the exchange by the
Bureau of Land Management, in accordance with otherwise
applicable provisions of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).''; and
(3) in section 4 (16 U.S.C. 460mm-3), by inserting ``(a)''
before ``Establishment of'', and by adding at the end the
following:
``(b) Before issuing any regulations governing the protection,
public use, or management of land or improvement acquired under section
3(b), the Secretary shall seek comment from the government of Clatsop
County, Oregon, and persons that reside in the vicinity of the land or
improvement. The Secretary shall ensure that any management or use of
the land or improvement is consistent with the General Management Plan
for Fort Clatsop National Memorial, as in effect on the effective date
of this subsection, and all laws and policies otherwise applicable to
the land or improvement.''. | Fort Clatsop National Memorial Expansion Act of 1998 - Repeals the acreage limitation for the Fort Clatsop National Memorial, Oregon.
Authorizes the Secretary of the Interior to: (1) acquire appropriate lands or improvements located in certain areas for inclusion in the Memorial to preserve the historic scene and to provide lands for the Lewis and Clark National Historic Trail; and (2) exchange lands or improvements administered by the National Park Service, the Forest Service, or the Bureau of Land Management for lands or improvements in Clatsop County, Oregon, that are of approximately equal value and that are owned by any non-Federal person.
Requires the Secretary: (1) before issuing any regulations governing the protection, public use, or management of such acquired land or improvement, to seek comment from the government of Clatsop County and persons residing in such vicinity of the land or improvement; and (2) to ensure that any management plan or use of the land or improvement is consistent with the General Management Plan for the Memorial and all applicable laws and policies. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Savings and Investment Act
of 1998''.
SEC. 2. INCOME TAX ON QUALIFIED COMMUNITY LENDERS.
(a) In General.--Section 11 of the Internal Revenue Code of 1986
(relating to tax imposed on corporations) is amended by redesignating
subsection (d) as subsection (e) and by inserting after subsection (c)
the following new subsection:
``(d) Qualified Community Lenders.--
``(1) In general.--In the case of a qualified community
lender, in lieu of the amount of tax under subsection (b) the
amount of tax imposed by subsection (a) for a taxable year
shall be the sum of--
``(A) 15 percent of so much of the taxable income
as exceeds $250,000 but does not exceed $1,000,000, and
``(B) the highest rate of tax imposed by subsection
(b) multiplied by so much of the taxable income as
exceeds $1,000,000.
``(2) Qualified community lender.--For purposes of
paragraph (1), the term `qualified community lender' means a
bank--
``(A) which achieved a rating of `satisfactory
record of meeting community credit needs', or better,
at the most recent examination of such bank under the
Community Reinvestment Act of 1977,
``(B) whose outstanding local community loans at
all times during the taxable year comprised not less
than 60 percent of the total outstanding loans,
``(C) meets the ownership requirements of paragraph
(3), and
``(D) at all times during the taxable year has
total assets of not more than $1,000,000,000.''.
``(3) Ownership requirements.--
``(A) In general.--The ownership requirements of
this paragraph are met with respect to any bank if--
``(i) no shares of, or other ownership
interests in, the bank are publicly traded, or
``(ii) in the case of a bank the shares of
which or ownership interests in which are
publicly traded, the last known address of the
holders of at least \2/3\ of all such shares or
interests, including persons for whose benefit
such shares or interests are held by another,
is in the home State of the bank or a State
contiguous to such home State.
``(B) Home state defined.--For purposes of
subparagraph (A), the term `home State' means--
``(i) with respect to a national bank or
Federal savings association, the State in which
the main office of the bank or savings
association is located, and
``(ii) with respect to a State bank or
State savings association, the State by which
the bank or savings association is chartered.
``(4) Other definitions.--For purposes of this subsection--
``(A) Bank.--The term `bank'--
``(i) has the meaning given to such term in
section 581, and
``(ii) includes any bank--
``(I) in which at least 80 percent
of the shares of, or other ownership
interests in the bank are owned by
other qualified community lenders, and
``(II) the sole purpose of which is
to serve the banking needs of such
lenders.
``(B) Local community loan.--The term `local
community loan' means--
``(i) any loan originated by a bank to any
person, other than a related person with
respect to the bank, who is a resident of a
community in which the bank is chartered or in
which it operates an office at which deposits
are accepted, and
``(ii) any loan originated by a bank to any
person, other than a related person with
respect to the bank, who is engaged in a trade
or business in any such community, to the
extent that all or substantially all of the
proceeds of such loan are expended in
connection with the trade or business of such
person in any such community.
``(C) Related person.--The term `related person'
means, with respect to any bank, any affiliate of the
bank, any person who is a director, officer, or
principal shareholder of the bank, and any member of
the immediate family of any such person.''.
(b) S Corporation Income.--
(1) In general.--Section 1 of such Code (relating to tax
imposed) is amended by adding at the end the following new
subsection:
``(i) Community Lender Income From S Corporation.--
``(1) In general.--If a taxpayer has community lender
income from a S corporation for any taxable year, the tax
imposed by this section for such taxable year shall be the sum
of--
``(A) the tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the greater of--
``(i) taxable income reduced by community
lender income, or
``(ii) the lesser of--
``(I) the amount of taxable income
taxed at a rate below 28 percent, or
``(II) taxable income reduced by
community lender income, and
``(B) a tax on community lender income computed
at--
``(i) a rate of zero on zero-rate community
lender income,
``(ii) a rate of 15 percent on 15 percent
community lender income, and
``(iii) the highest rate in effect under
this section with respect to the taxpayer on
the excess of community lender income on which
a tax is determined under clause (i) or (ii).
``(2) Community lender income.--For purposes of paragraph
(1)--
``(A) In general.--The term `qualified community
lender income' means taxable income (if any) of a
qualified community lender (as defined in section
11(d)(2)) that is an S corporation, determined at the
entity level.
``(B) Zero-rate community lender income.--The term
`zero-rate community lender income' means the
taxpayer's pro rata share of so much of community
lender income as does not exceed $250,000.
``(C) 15 percent community lender income.--The term
`15 percent community lender income' means the
taxpayer's pro rata share of so much of community
lender income as exceeds $250,000 but does not exceed
$1,000,000.
``(D) Special rules.--
``(i) For purposes of this paragraph, the
taxpayer's pro rata share of community lender
income shall be determined under part II of
subchapter S.
``(ii) This subsection shall be applied
after the application of subsection (h).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 3. EXCLUSION FROM INCOME TAXATION FOR INCOME DERIVED FROM BANKING
SERVICES WITHIN DISTRESSED COMMUNITIES.
(a) Federal Taxation.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 139 as section
140 and by inserting after section 138 the following new section:
``SEC. 139. BANKING SERVICES WITHIN DISTRESSED COMMUNITIES.
``(a) In General.--At the election of the taxpayer, gross income
shall not include distressed community banking income.
``(b) Distressed Community Banking Income.--For purposes of
subsection (a), the term `distressed community banking income' means
net income of a qualified depository institution which is derived from
the active conduct of a banking business in a distressed community.
``(c) Qualified Depository Institution.--An institution is a
qualified depository institution if--
``(1) such institution is an insured depository institution
(as defined in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813)),
``(2) such institution is located in, or has a branch
located in, a qualified distressed community, and
``(3) as of the last day of the taxable year, at least 85
percent of its loans from its location within the qualified
distressed community are local community loans (as defined in
section 11(d)(4)(B)).
``(d) Distressed Community.--The term `distressed community' has
the meaning given the term `qualified distressed community' by section
233 of the Bank Enterprise Act of 1991 (12 U.S.C. 1834a(b)).''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 139 and inserting after the item relating to
section 138 the following new items:
``Sec. 139. Banking services within
distressed communities.
``Sec. 140. Cross references to other
Acts.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Community Savings and Investment Act of 1998 - Amends the Internal Revenue Code to: (1) establish a separate tax rate for a qualified community lender; and (2) permit the exclusion from gross income of distressed community banking income. Defines terms. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Health Center Management
Stability and Improvement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to data from the Department of Veterans
Affairs, several medical centers of the Department are managed
by acting or temporary directors.
(2) Some of these medical centers have not been managed by
a permanent director for a long period.
(3) Pursuant to section 317.903 of title 5, Code of Federal
Regulations, a member of the senior executive service who is
detailed to a temporary position in a department or agency of
the Federal Government may not serve in that position for
periods longer than 120-day increments, and no member of the
senior executive service may be detailed to an unclassified
position for a period longer than 240 days.
(4) The inability of the Department of Veterans Affairs to
recruit qualified, permanent candidates as directors of medical
centers, combined with the policies described in paragraph (3),
leads to frequent turnover of directors at the medical centers
which impedes the ability of system management to engage in
long-term planning and other functions necessary to improve
service delivery to veterans.
(5) The Secretary of Veterans Affairs should develop a
comprehensive plan to recruit permanent directors at each
medical center that lacks a permanent director.
SEC. 3. PLAN TO HIRE DIRECTORS OF MEDICAL CENTERS OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Plan.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall develop and
implement a plan to hire highly qualified directors for each medical
center of the Department of Veterans Affairs that lacks a permanent
director as of the date of the plan. The Secretary shall prioritize the
hiring of such directors for the medical centers that have not had a
permanent director for the longest periods.
(b) Matters Included.--The plan developed under subsection (a)
shall include the following:
(1) A deadline to hire the directors of the medical centers
of the Department as described in such subsection.
(2) Identification of the possible impediments to such
hiring.
(3) Identification of opportunities to promote and train
candidates from within the Department to senior executive
positions in the Department, including as directors of medical
centers.
(c) Submission.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate the
plan developed under subsection (a).
(d) Semiannual Reports.--Not later than 180 days after the date of
the enactment of this Act, and each 180-day period thereafter until
January 1, 2018, the Secretary shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate a list
of each medical center of the Department that lacks a permanent
director as of the date of the report.
SEC. 4. COMPLIANCE WITH SCHEDULING REQUIREMENTS.
(a) Annual Certification.--
(1) In general.--The Secretary of Veterans Affairs shall
ensure that the director of each medical facility of the
Department of Veterans Affairs annually certifies to the
Secretary that the medical facility is in full compliance with
all provisions of law and regulations relating to scheduling
appointments for veterans to receive hospital care and medical
services, including pursuant to Veterans Health Administration
Directive 2010-027, or any successor directive.
(2) Prohibition on waiver.--The Secretary may not waive any
provision of the laws or regulations described in paragraph (1)
for a medical facility of the Department if such provision
otherwise applies to the medical facility.
(b) Explanation of Noncompliance.--If a director of a medical
facility of the Department does not make a certification under
subsection (a)(1) for any year, the director shall submit to the
Secretary a report containing--
(1) an explanation of why the director is unable to make
such certification; and
(2) a description of the actions the director is taking to
ensure full compliance with the laws and regulations described
in such subsection.
(c) Prohibition on Bonuses Based on Noncompliance.--
(1) In general.--If a director of a medical facility of the
Department does not make a certification under subsection
(a)(1) for any year, each covered official described in
paragraph (2) may not receive an award or bonus under chapter
45 or 53 of title 5, United States Code, or any other award or
bonus authorized under such title or title 38, United States
Code, during the year following the year in which the
certification was not made.
(2) Covered official.--A covered official described in this
paragraph is each official who serves in the following
positions at a medical facility of the Department during a
year, or portion thereof, for which the director does not make
a certification under subsection (a)(1):
(A) The director.
(B) The chief of staff.
(C) The associate director.
(D) The associate director for patient care.
(E) The deputy chief of staff.
(d) Annual Report.--The Secretary shall annually submit to the
Committees on Veterans' Affairs of the House of Representative and the
Senate a report containing, with respect to the year covered by the
report--
(1) a list of each medical facility of the Department for
which a certification was made under subsection (a)(1); and
(2) a list of each medical facility of the Department for
which such a certification was not made, including a copy of
each report submitted to the Secretary under subsection (b).
SEC. 5. UNIFORM APPLICATION OF DIRECTIVES AND POLICIES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall ensure
that the directives and policies of the Department of Veterans Affairs
apply to each office or facility of the Department in a uniform manner.
(b) Notification.--If the Secretary does not uniformly apply the
directives and policies of the Department pursuant to subsection (a),
including by waiving such a directive or policy with respect to an
office, facility, or element of the Department, the Secretary shall
notify the Committees on Veterans' Affairs of the House of
Representative and the Senate of such nonuniform application, including
an explanation for the nonuniform application.
Passed the House of Representatives May 23, 2016.
Attest:
KAREN L. HAAS,
Clerk. | VA Health Center Management Stability and Improvement Act (Sec. 3) This bill directs the Department of Veterans Affairs (VA) to: (1) develop and implement a plan to hire highly qualified directors for each VA medical center that lacks a permanent director, and (2) prioritize such hiring for the medical centers that have been without a permanent director for the longest periods. The plan shall include: (1) a hiring deadline; (2) identification of possible hiring impediments; and (3) identification of opportunities to promote and train candidates from within the VA for senior executive positions, including medical center directors. (Sec. 4) The VA shall ensure that the director of each VA medical facility annually certifies that the facility is in full compliance with all provisions of law and regulations relating to scheduling appointments for veterans hospital care and medical services. The VA may not waive any applicable provision of such laws or regulations. If unable to make such certification, the director shall provide the VA with an explanation of noncompliance and a description of compliance actions being taken. If a director does not make a certification for any year, each covered official may not receive specified awards or bonuses during the subsequent year. A covered official is the: (1) director, (2) chief of staff, (3) associate director, (4) associate director for patient care, and (5) deputy chief of staff. (Sec. 5) The VA shall ensure that its directives and policies apply uniformly to each VA office or facility. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``White-Collar Crime Penalty
Enhancement Act of 2002''.
SEC. 2. CRIMINAL PENALTIES FOR CONSPIRACY TO COMMIT OFFENSE OR TO
DEFRAUD THE UNITED STATES.
Section 371 of title 18, United States Code, is amended by striking
``If two or more'' and all that follows through ``If, however,'' and
inserting the following:
``(a) In General.--If 2 or more persons--
``(1) conspire to commit any offense against the United
States, in any manner or for any purpose, and 1 or more of such
persons do any act to effect the object of the conspiracy, each
person shall be fined or imprisoned, or both, as set forth in
the specific substantive offense which was the object of the
conspiracy; or
``(2) conspire to defraud the United States, or any agency
thereof in any manner or for any purpose, and 1 or more of such
persons do any act to effect the object of the conspiracy, each
person shall be fined under this title, or imprisoned not more
than 10 years, or both.
``(b) Misdemeanor Offense.--If, however,''.
SEC. 3. CRIMINAL PENALTIES FOR MAIL AND WIRE FRAUD.
(a) Mail Fraud.--Section 1341 of title 18, United States Code, is
amended by striking ``five years'' and inserting ``10 years''.
(b) Wire Fraud.--Section 1343 of title 18, United States Code, is
amended by striking ``five years'' and inserting ``10 years''.
SEC. 4. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974.
Section 501 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1131) is amended--
(1) by striking ``$5,000'' and inserting ``$100,000'';
(2) by striking ``one year'' and inserting ``10 years'';
and
(3) by striking ``$100,000'' and inserting ``$500,000''.
SEC. 5. AMENDMENT TO SENTENCING GUIDELINES RELATING TO CERTAIN WHITE-
COLLAR OFFENSES.
(a) Directive to the United States Sentencing Commission.--Pursuant
to its authority under section 994(p) of title 18, United States Code,
and in accordance with this section, the United States Sentencing
Commission shall review and, as appropriate, amend the Federal
Sentencing Guidelines and related policy statements to implement the
provisions of this Act.
(b) Requirements.--In carrying out this section, the Sentencing
Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses and the
penalties set forth in this Act, the growing incidence of
serious fraud offenses which are identified above, and the need
to modify the sentencing guidelines and policy statements to
deter, prevent, and punish such offenses;
(2) consider the extent to which the guidelines and policy
statements adequately address--
(A) whether the guideline offense levels and
enhancements for violations of the sections amended by
this Act are sufficient to deter and punish such
offenses, and specifically, are adequate in view of the
statutory increases in penalties contained in this Act;
and
(B) whether a specific offense characteristic
should be added in United States Sentencing Guideline
section 2B1.1 in order to provide for stronger
penalties for fraud when the crime is committed by a
corporate officer or director;
(3) assure reasonable consistency with other relevant
directives and sentencing guidelines;
(4) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(5) make any necessary conforming changes to the sentencing
guidelines; and
(6) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
SEC. 6. CORPORATE RESPONSIBILITY FOR FINANCIAL REPORTS.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1348. Failure of corporate officers to certify financial reports
``(a) Certification of Periodic Financial Reports.--Each periodic
report containing financial statements filed by an issuer with the
Securities Exchange Commission pursuant to section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) shall
be accompanied by a written statement by the chairman of the board,
chief executive officer, and chief financial officer (or equivalent
thereof) of the issuer.
``(b) Content.--The statement required under subsection (a) shall
certify the appropriateness of the financial statements and disclosures
contained in the periodic report or financial report, and that those
financial statements and disclosures fairly present, in all material
respects, the operations and financial condition of the issuer.
``(c) Criminal Penalties.--Notwithstanding any other provision of
law--
``(1) any person who recklessly and knowingly violates any
provision of this section shall upon conviction be fined not
more than $500,000, or imprisoned not more than 5 years, or
both; or
``(2) any person who willfully violates any provision of
this section shall upon conviction be fined not more than
$1,000,000, or imprisoned not more than 10 years, or both.''.
(b) Technical and Conforming Amendment.--The section analysis for
chapter 63 of title 18, United States Code, is amended by adding at the
end the following:
``1348. Failure of corporate officers to certify financial reports.''. | White-Collar Crime Penalty Enhancement Act of 2002 - Amends the Federal criminal code to increase penalties for: (1) conspiracy to commit an offense against, or to defraud, the United States; and (2) mail and wire fraud.Amends the Employee Retirement Security Act of 1974 to increase criminal penalties for violations of such Act.Directs the United States Sentencing Commission to review the Federal sentencing guidelines and related policy statements to: (1) ensure that they reflect the serious nature of the offenses and penalties set forth in this Act, the growing incidence of serious fraud offenses, and the need to deter, prevent, and punish such offenses; and (2) consider whether a specific offense characteristic should be added in order to provide stronger penalties for fraud committed by a corporate officer or director.Requires that each periodic report containing financial statements filed by an issuer with the Securities Exchange Commission be accompanied by a written statement by the chairman of the board, chief executive officer, and chief financial officer certifying: (1) the appropriateness of the financial statements and disclosures; and (2) that those financial statements and disclosures fairly present the operations and financial condition of the user.Sets penalties of: (1) up to $500,000 and five years imprisonment for recklessly and knowingly violating this Act; and (2) up to $1,000,000 and ten years imprisonment for willfully violating this Act. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ansar al-Sharia Terrorist
Designation Act of 2013''.
SEC. 2. REPORT ON DESIGNATION OF THE LIBYAN FACTIONS OF ANSAR AL-SHARIA
AS A FOREIGN TERRORIST ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) Ansar al-Sharia Benghazi first announced itself in
February 2012. The group is led by Muhammad al-Zahawi, who had
previously been an inmate of former President Muammar al-
Qaddafi's infamous Abu Salim prison.
(2) On August 6, 2013, the Department of Justice filed
sealed criminal charges against Ahmed Abu Khattalah, a senior
commander within Libya's Islamist militia Ansar al-Sharia.
According to the Wall Street Journal, Mr. Abu Khattalah was
seen at the United States consulate in Benghazi during the
September 11, 2012, attack that killed United States Ambassador
Christopher Stevens, Sean Smith, Tyrone Woods, and Glen
Doherty.
(3) On October 17, 2012, the New York Times reported that
Libyan authorities named Ahmed Abu Khattalah as a commander in
the September 11, 2012, attack on the United States consulate
in Benghazi.
(4) On August 8, 2013, the Washington Institute for Near
East Peace issued a report in which it highlights Ansar al-
Sharia's establishment of training camps in Libya for jihadists
preparing to fight with extremist rebels in Syria.
(5) Abu Sufian Bin Qumu, leader of the Ansar al-Sharia
faction in Darnah, Libya, is a former Guantanamo Bay inmate
with close al-Qaeda ties. Bin Qumu was an associate of Usama
bin Laden and is believed to maintain connections to senior al-
Qaeda members.
(6) According to a report published by the Library of
Congress in August 2012, Ansar al-Sharia ``has increasingly
embodied al Qaeda's presence in Libya, as indicated by its
active social-media propaganda, extremist discourse, and hatred
of the West, especially the United States''.
(7) According to a report published by the Library of
Congress in August 2012, al-Qaeda's senior leadership in
Pakistan has dispatched operatives to Libya to establish a
clandestine terrorist network there. The report concluded that
al-Qaeda is on the verge of a fully operational network inside
Libya, and Ansar al-Sharia is one of the brands employed by al
Qaeda operatives.
(b) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall, in
consultation with the intelligence community, submit to the
appropriate congressional committees--
(A) a detailed report on whether the Libyan faction
of Ansar al-Sharia, meets the criteria for designation
as a foreign terrorist organization under section 219
of the Immigration and Nationality Act (8 U.S.C. 1189);
and
(B) if the Secretary of State determines that the
Libyan faction of Ansar al-Sharia does not meet such
criteria, a detailed justification as to which criteria
have not been met.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if appropriate.
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed
Services, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the
Senate; and
(ii) the Committee on Homeland Security,
the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(B) Intelligence community.--The term
``intelligence community'' has the meaning given that
term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the Libyan faction of Ansar al-
Sharia meets the criteria for designation as a foreign terrorist
organization under section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189) and should be designated as such.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to infringe upon the
sovereignty of the Government of Libya to combat militant or terrorist
groups operating inside the boundaries of Libya. | Ansar al-Sharia Terrorist Designation Act of 2013 - Directs the Secretary of State to report to Congress on whether the Libyan faction of Ansar al-Sharia meets the criteria for designation as a foreign terrorist organization, and if not, a detailed justification as to which criteria have not been met. Expresses the sense of Congress that the Libyan faction of Ansar al-Sharia should be designated as a foreign terrorist organization. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Freedom of Healthcare
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) All veterans who have signed up to put their life on
the line for the lives and liberty of the people of the United
States deserve the opportunity to seek health care at a
facility of their choice, regardless of arbitrary distance and
wait-time thresholds.
(2) Logistical impediments to veterans receiving health
care at medical facilities of the Veterans Health
Administration of the Department of Veterans Affairs, including
with respect to travel, wait times, and enrollment difficulty,
have been found to exist across all demographics of veterans
and are widely cited among the most common barriers to
receiving the health care the veterans earned.
(3) As a result of widespread reporting on such
impediments, including regarding the death of 40 veterans who
died while waiting for health care at the Phoenix Veterans'
Hospital, in 2014 Congress investigated the matter and
confirmed that such impediments were pervasive and systemic.
(4) As of September 30, 2014, there were approximately
867,000 applications by veterans to enroll in the health care
system of the Department, and the Inspector General of the
Department could not determine how long more than half of the
applications had been pending.
(5) The Secretary of Veterans Affairs has been unable to
meet the modest goal of employing one psychiatrist per 1,000
individual mental health patients of the Department.
(6) The Inspector General found that approximately 70
percent of the hospitals of the Department in 2014 did not have
enough psychiatrists to meet demand.
(7) The Inspector General found that a significant
proportion of the psychiatrists of the Department saw in excess
of 800 to 900 veterans per year and some veterans were only
seen once per year because of the demand.
(8) A study by the National Institutes of Health identified
the lack of available female-specific medical services and wait
times as key barriers to female veterans seeking health care at
medical facilities of the Department.
(9) The Veterans Access, Choice, and Accountability Act of
2014 (Public Law 113-146) made great strides toward providing
veterans with more flexibility to seek health care in the
setting of choice by the veteran, however, the metrics
established by the Act to determine which veterans were
eligible for such flexibility are insufficient.
(10) Other impediments to veterans receiving health care at
medical facilities of the Department can include long commutes
on group transport, or having to cross bridges or State lines
to receive care.
(11) Many veterans like the health care provided by the
Department and the hospitals of the Department hold particular
expertise in treating ailments of veterans.
(12) Veterans should have the option to stay with the
Department if the veteran likes the health care system of the
Department.
SEC. 3. EXPANSION OF CHOICE PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Elimination of Sunset.--
(1) In general.--Section 101 of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-146; 38
U.S.C. 1701 note) is amended--
(A) by striking subsection (p); and
(B) by redesignating subsections (q), (r), (s), and
(t) as subsections (p), (q), (r), and (s),
respectively.
(2) Conforming amendments.--Such section is amended--
(A) in subsection (i)(2), by striking ``during the
period in which the Secretary is authorized to carry
out this section pursuant to subsection (p)''; and
(B) in subsection (p)(2), as redesignated by
paragraph (1)(B), by striking subparagraph (F).
(b) Expansion of Eligibility.--
(1) In general.--Subsection (b) of such section is amended
to read as follows:
``(b) Eligible Veterans.--A veteran is an eligible veteran for
purposes of this section if the veteran is enrolled in the patient
enrollment system of the Department of Veterans Affairs established and
operated under section 1705 of title 38, United States Code, including
any such veteran who has not received hospital care or medical services
from the Department and has contacted the Department seeking an initial
appointment from the Department for the receipt of such care or
services.''.
(2) Conforming amendments.--Such section is amended--
(A) in subsection (c)(1)--
(i) in the matter preceding subparagraph
(A), by striking ``In the case of an eligible
veteran described in subsection (b)(2)(A), the
Secretary shall, at the election of the
eligible veteran'' and inserting ``The
Secretary shall, at the election of an eligible
veteran''; and
(ii) in subparagraph (A), by striking
``described in such subsection'' and inserting
``of the Veterans Health Administration'';
(B) in subsection (f)(1), by striking ``subsection
(b)(1)'' and inserting ``subsection (b)'';
(C) in subsection (g), by striking paragraph (3);
and
(D) in subsection (p)(2)(A), as redesignated by
subsection (a)(1)(B), by striking ``, disaggregated
by--'' and all that follows through ``subsection
(b)(2)(D)''.
(c) Provision of Care by the Department.--In carrying out chapter
17 of title 38, United States Code, the Secretary of Veterans Affairs
shall ensure that veterans enrolled in the health care system
established under section 1705(a) of such title, particularly such
veterans with service-connected disabilities rated 50 percent or
greater described in paragraph (1) of such section, are able to
receive--
(1) health care at medical facilities of the Department
within the wait-time goals described in section 101(c)(1) of
the Veterans Access, Choice, and Accountability Act of 2014
(Public Law 113-146; 38 U.S.C. 1701 note); and
(2) the highest degree of quality care possible, with an
emphasis on maintaining the highest degree of quality in
treating ailments that are unique to or prevalent among the
veteran population, including with respect to mental health
services.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the following:
(1) The efficacy of the Veterans Choice Program established
by section 101 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701
note) with respect to veterans being able to access the health
care required by the veteran, including any recommendations of
the Secretary to improve such access.
(2) The efficacy of the Secretary with respect to ensuring
that veterans enrolled in the health care system established
under section 1705(a) of title 38, United States Code, who need
to or elect to receive health care at medical facilities of the
Department are able to receive such care.
(e) Effective Date.--The amendments made by this section shall
apply with respect to hospital care and medical services furnished
under such section on and after the date that is 90 days after the date
of the enactment of this Act. | Veterans Freedom of Healthcare Act This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to make the Department of Veterans Affairs (VA) Choice Program permanent. (The program allows the furnishing of hospital care and medical services to eligible veterans through agreements with non-VA entities.) Program eligibility requirements are revised. The VA shall ensure that veterans enrolled in the health care system, particularly those with service-connected disabilities rated 50% or greater, are able to receive: health care at VA medical facilities within certain wait-time goals; and the highest degree of care possible, with an emphasis on maintaining the highest degree of quality in treating ailments unique to or prevalent among the veteran population, including mental health services. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Financial Privacy
Protection Act of 1998''.
SEC. 2. CONSUMER FINANCIAL PRIVACY.
The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is
amended by adding at the end the following new title:
``TITLE X--CONSUMER FINANCIAL PRIVACY
``CHAPTER 1--GENERAL PROVISIONS
``SEC. 1001. SHORT TITLE.
``This chapter may be cited as the `Financial Institution Privacy
Protection Act'.
``SEC. 1002. DEFINITIONS.
``For purposes of this title, the following definitions shall
apply:
``(1) Customer.--The term `customer' has the meaning given
to such term in section 1101(5) of the Right to Financial
Privacy Act of 1978.
``(2) Customers' financial information.--The term
`customers' financial information' means any information
maintained by a financial institution which is derived from the
relationship between the financial institution and a customer
of the financial institution and is identifiable to the
customer, including account numbers, account balances and other
account data, transactional information concerning any account,
and codes, passwords, and other means of access to accounts or
means to initiate transactions.
``(3) Document.--The term `document' means any information
in any form.--
``(4) Financial institution.--
``(A) In general.--The term `financial institution'
means any institution engaged in the business of
providing financial services to customers who maintain
a credit, deposit, trust, or other financial account or
relationship with the institution.
``(B) Certain financial institutions specifically
included.--The term `financial institution' includes
any depository institution (as defined in section
19(b)(1)(A) of the Federal Reserve Act), any broker or
dealer in investment securities, any insurance company,
any loan or finance company, any investment adviser or
investment company, any credit card issuer or operator
of a credit card system, and any consumer reporting
agency that compiles and maintains files on consumers
on a nationwide basis (as defined in section 603(p)).
``(C) Further definition by regulation.--The
Federal Trade Commission may prescribe regulations
clarifying or describing the types of institutions
which shall be treated as financial institutions for
purposes of this title.
``(5) Financial regulatory agency.--The term `financial
regulatory agency' means any Federal banking agency (as defined
in section 3(z) of the Federal Deposit Insurance Act, the
National Credit Union Administration Board, the Securities and
Exchange Commission, the Commodity Futures Trading Commission,
the Secretary of the Treasury, and the Federal Trade
Commission.
``(6) Personal information.--The term `personal
information' means any information which is not financial
information and is personal to or identifiable with any
individual or other person, including any current or former
name of the person, any current or former address, telephone
number, and e-mail address (including any information relating
to any change of name, address, or telephone number) of the
person or any member of the person's family (including any
ancestor of such person), any Social Security or tax
identification number of the person or any member of such
person's family, the date of birth of the person or any member
of the person's family, and other information which could be
used to identify the person.
``(7) Record.--The term `record' means any customer
personal or financial information or any document, file, film,
electronic file, or other instrument used to collect,
aggregate, store, identify, or disseminate personal or
financial information.
``SEC. 1003. PROTECTION OF FINANCIAL INFORMATION.
``(a) In General.--Financial institutions have an affirmative and
continuing obligation to respect the privacy of their customers and to
protect the security and confidentiality of customers' financial and
personal information.
``(b) Financial Institution Safeguards.--Pursuant to subsection
(a), financial institutions shall establish appropriate administrative,
technical and physical safeguards to insure the security and
confidentiality of financial and personal records and to protect
against any anticipated threats or hazards to the security or integrity
of such records which could result in substantial harm, embarrassment,
inconvenience, or unfairness to any customer or other persons on whom
such information is maintained.
``(c) Information Collection and Disclosure.--
``(1) Collection of only essential customer information.--A
financial institution shall collect personal and financial
information about a customer only to the extent necessary to
facilitate customer-initiated transactions and to administer an
ongoing business relationship with the customer, provided that
the financial institution reasonably believes that such
information will be protected against any disclosure or use
that may harm, embarrass, or inconvenience the customer.
``(2) Prohibition on disclosures.--A financial institution
shall not disclose or provide customer financial or personal
information to a third party for their independent use, except
to the extent that disclosure of such information--
``(A) is necessary to complete a customer-initiated
transaction;
``(B) is requested by the customer and reasonable
steps are taken to verify the identity of the customer
pursuant to section 1004;
``(C) is required by law by a public agency or
court as part of an investigation, subpoena, judgment,
or other legal or public proceeding; or
``(D) is disclosed to the customer, with separate
and explicit notice identifying the purpose for such
disclosure, the customer's right to deny disclosure of
such information and the procedures for making such
denial, as provided in regulation under section
1004(a)(5).
``SEC. 1004. REGULATIONS.
``(a) Regulations Required.--The financial regulatory agencies
shall prescribe uniform regulations to carry out the purposes of this
chapter.
``(b) Safeguards.--Regulations prescribed under this section shall
require each financial institution (which is subject to such
regulation) to establish appropriate safeguards to insure the security
and confidentiality of customer records, including policies and
procedures to--
``(1) assure that customer records are current and accurate
and provide for prompt correction of any record or information
in response to a customer's inquiry where such customer has
reason to believe that the information is incomplete or
inaccurate.
``(2) limit employee access to financial records and
personally identifiable information and to train employees on
how to maintain the security and confidentiality of such
records and information;
(3) maintain appropriate security standards and procedures
to prevent unauthorized access to consumer identifiers and
information, which shall include appropriate procedures for
customer identification and verification, including use of
customer passwords other than information readily available in
the public domain, biometric identifiers, and other technical
or electronic security measures;
``(4) require that third parties that receive customer
information also agree to maintain the confidentiality of
customer information; and
``(5) provide appropriate disclosure to customers regarding
the financial institution's privacy policies and customer
privacy rights, which shall include clear and conspicuous
disclosure of the following information--
``(A) the type of information to be disclosed to
third parties and the purposes for such disclosure;
``(B) the option and procedure available to the
customer to prevent such disclosure of information; and
``(C) the procedures for filing a complaint
regarding the use of any confidential information
disclosed to a third party by the financial
institution, including the appropriate telephone
numbers for filing a complaint with the financial
institution and with Federal and State regulatory
agencies.
``(c) Model Forms and Disclosures.--The financial regulatory
agencies shall provide model disclosure statements and clauses, as
appropriate, to facilitate compliance with the disclosure requirements
of section 1003(c)(2)(D). A financial institution that properly uses
the material aspects of the model disclosures shall be deemed to be in
compliance with the requirement for disclosure under this section.
``(d) Effective Dates.--A regulation prescribed under this section
shall not take effect before the end of the 6-month period beginning on
the date the regulation is published in final form in the Federal
Register. A financial regulatory agency may lengthen this period where,
in its determination, additional time is necessary to permit
appropriate implementation of security measures by financial
institutions.
``SEC. 1005. ADMINISTRATIVE ENFORCEMENT.
``(a) Enforcement by Federal Trade Commission.--
``(1) In general.--Except as provided in subsection (b),
compliance with this title shall be enforced under the Federal
Trade Commission Act by the Federal Trade Commission.
``(2) Violations of this title treated as violations of
federal trade commission act.--
``(A) In general.--For the purpose of the exercise
by the Federal Trade Commission of the Commission's
functions and powers under the Federal Trade Commission
Act, any violation of any requirement or prohibition
imposed under this title with respect to information
brokers shall constitute an unfair or deceptive act or
practice in commerce in violation of section 5(a) of
the Federal Trade Commission Act.
``(B) Enforcement authority under other law.--All
functions and powers of the Federal Trade Commission
under the Federal Trade Commission Act shall be
available to the Commission to enforce compliance with
this title by any person subject to enforcement by the
Federal Trade Commission pursuant to this subsection,
including the power to enforce the provisions of this
title in the same manner as if the violation had been a
violation of any Federal Trade Commission trade
regulation rule, without regard to whether the person--
``(i) is engaged in commerce; or
``(ii) meets any other jurisdictional tests
in the Federal Trade Commission Act.
``(C) Civil penalties.--Any person violating any of
the provisions of this title (other than a person
subject to enforcement in accordance with subsection
(b)) shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal
Trade Commission Act as though the applicable terms and
provisions thereof were part of this title.
``(b) Enforcement By Other Agencies in Certain Cases.--
``(1) In general.--Compliance with this title shall be
enforced under--
``(A) section 8 of the Federal Deposit Insurance
Act, in the case of--
``(i) national banks, and Federal branches
and Federal agencies of foreign banks, by the
Comptroller of the Currency;
``(ii) member banks of the Federal Reserve
System (other than national banks), branches
and agencies of foreign banks (other than
Federal branches, Federal agencies, and insured State branches of
foreign banks), commercial lending companies owned or controlled by
foreign banks, and organizations operating under section 25 or 25A of
the Federal Reserve Act, by the Board of Governors of the Federal
Reserve System;
``(iii) banks insured by the Federal
Deposit Insurance Corporation (other than
members of the Federal Reserve System) and
insured State branches of foreign banks, by the
Board of Directors of the Federal Deposit
Insurance Corporation;
``(iv) savings associations the deposits of
which are insured by the Federal Deposit
Insurance Corporation, by the Director of the
Office of Thrift Supervision;
``(B) the Federal Credit Union Act, by the
Administrator of the National Credit Union
Administration with respect to any Federal credit
union;
``(C) the Farm Credit Act of 1971, by the Farm
Credit Administration with respect to any Federal land
bank, Federal land bank association, Federal
intermediate credit bank, or production credit
association
``(D) the securities laws (as defined in section
3(a)(47) of the Securities Exchange Act of 1934) by the
Securities and Exchange Commission with respect to any
person subject to the securities laws; and
``(E) the Commodity Exchange Act, by the Commodity
Futures Trading Commission with respect to any person
subject to such Act.
``SEC. 1006. CIVIL LIABILITY.
``If any person knowingly fails to comply with any requirement of
this chapter or any regulation issued under this chapter and a customer
of a financial institution sustains substantial financial injury and
inconvenience as a result of the disclosure of confidential
information, such person shall be liable to the customer in an amount
equal to the sum of--
``(1) the greater of--
``(A) any actual damages sustained by the customer
as a result of the failure; or
``(B) $500;
``(2) such amount of additional damages as the court may
allow; and
``(3) in the case of any successful action to enforce any
liability under this section, the costs of the action together
with reasonable attorney's fees as determined by the court.
``SEC. 1007. WAIVER OF RIGHTS.
``(a) Waiver of Rights, Remedies, Requirements, and Obligations
Prohibited.--No writing or other agreement between a financial
institution and any customer may contain any provision which
constitutes a waiver of any requirement or obligation under this
chapter nor a waiver of any right or cause of action created by this
chapter.
``(b) Rule of Construction.--Subsection (a) shall not be construed
as prohibiting any writing or other agreement between a financial
institution and a customer which grants to a consumer a more extensive
right or remedy or greater protection than that contained in or
required under this chapter.
``SEC. 1008. RELATION TO STATE LAW.
``(a) In General.--This chapter shall not be construed as
annulling, altering, or affecting the laws of any State with respect to
financial privacy practices, or exempting any person subject to the
provisions of this title from complying with such State laws, except to
the extent that those laws are inconsistent with any provision of this
chapter, and then only to the extent of the inconsistency.
``(b) Greater Protection Under State Law.--For purposes of this
section, a State law is not inconsistent with this title if the
protection such law affords any consumer is greater than the protection
provided by this chapter.''. | Consumer Financial Privacy Protection Act of 1998 - Amends the Consumer Credit Protection Act to add a new title entitled the Financial Institution Privacy Protection Act. Declares that financial institutions have an affirmative and continuing obligation to respect the privacy of their customers and to protect the security and confidentiality of customers' financial and personal information.
Sets forth a statutory framework within which financial institutions shall establish administrative, technical, and physical safeguards to insure the security and confidentiality of financial and personal records and to protect against anticipated threats or hazards to the security or integrity of such records.
Requires the Federal Trade Commission and, for specified cases, the financial regulatory agencies to enforce this Act.
Subjects financial institutions to civil liability for harm sustained by a customer as a result of noncompliance with this Act. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights Protection
and Government Accountability Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress has the power to regulate commerce among the
several States and Indian tribes;
(2) property rights are essential to interstate commerce,
ensuring that individuals make the best economic use of their
property;
(3) potential residents and businesses may avoid
communities that have a record of taking private property for
private economic development;
(4) public takings for private purposes are harmful to
communities and to interstate commerce;
(5) public taking of private property for economic
development is not a traditional nor sound function of State or
local government; and
(6) in order to promote and protect interstate commerce,
public takings for private purposes should be prohibited.
SEC. 3. PROHIBITION ON ECONOMIC DEVELOPMENT FUNDS.
Any State or political subdivision of a State that carries out a
public taking for any private purpose in or affecting interstate
commerce shall not be eligible to receive any Federal economic
development funds for a period of 10 fiscal years.
SEC. 4. INJUNCTIVE RELIEF AND RESTORATION TO OWNER.
(a) Cause of Action.--Any owner of private property that is subject
to a public taking described in section 3 may bring an action in the
appropriate Federal or State court to obtain injunctive and declaratory
relief.
(b) Attorneys' Fee and Other Costs.--In any action or proceeding
under this section, the court shall allow a prevailing plaintiff a
reasonable attorneys' fee as part of the costs, and include expert fees
as part of the attorneys' fee.
SEC. 5. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Private purpose.--
(A) In general.--The term ``private purpose'', with
regard to property that has been acquired and conveyed
through a public taking, means the ownership, control,
or use of such property by a private party or parties
that advances the economic interests of the private
party or parties. Such term includes but is not limited
to the following:
(i) Any use of such property in an economic
development plan of which the benefit to the
public is increased tax revenue, increased
employment, or other indirect benefit.
(ii) The lease of such property to a
private party or parties for private
development, including commercial, industrial,
or residential development.
(iii) Any control of such property by a
private party that--
(I) excludes a general public use
or benefit; or
(II) primarily benefits the private
party or parties and benefits the
public indirectly.
(B) Exceptions.--Such term shall not include--
(i) conveying private property to public
ownership, such as for a road, hospital, or
prison, or to an entity, such as a common
carrier, that makes the property available for
use by the general public as of right, such as
a railroad, public utility, or public facility,
or for use as a right of way, aqueduct,
pipeline, or similar use;
(ii) acquiring property to eliminate
harmful uses of the property, provided such
uses present an imminent and substantial danger
to the public health or welfare;
(iii) leasing property to a private person
or entity that occupies an incidental part of
public property or a public facility, such as a
retail establishment on the ground floor of a
public building;
(iv) acquiring abandoned property; and
(v) clearing defective chains of title.
(2) Federal economic development funds.--The term ``Federal
economic development funds'' means any Federal funds--
(A) administered by the Secretary of Commerce, the
Secretary of Energy, or the Administrator of the
Environmental Protection Agency, and distributed to or
through States or political subdivisions of States, to
the extent such funds are not provided to assist States
or political subdivisions of States in complying with
any requirements of Federal law or regulation; or
(B) distributed to or through States or political
subdivisions of States under Federal laws and whose
purpose is to promote interstate commerce and improve
or increase the size of the economies of States or
political subdivisions of States.
(3) Public taking.--The term ``public taking'' means an
action by a State or political subdivision of a State or by any
person or entity to which such power has been delegated that
transfers all or part of the legal rights in property from a
private owner to another person or to public ownership without
the consent of the private owner. | Private Property Rights Protection and Government Accountability Act - Makes any state or political subdivision thereof that carries out a public taking for any private purpose in or affecting interstate commerce ineligible for any federal economic development funds for ten fiscal years.
Entitles any owner of private property subject to such a taking to injunctive and declaratory relief. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Victims of Fraud Act of
2016''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Bureau of Consumer Financial Protection found that
Wells Fargo management implemented sales incentives, including
an incentive-compensation program, in part to increase the
number of banking products and services that its employees sold
to its customers.
(2) The Bureau of Consumer Financial Protection found that
Wells Fargo employees engaged in improper sales practices to
satisfy sales goals under Wells Fargo's incentive compensation
program, including opening as many as 1,534,280 checking
accounts and 565,443 credit card accounts using consumers'
information without their knowledge or consent between May 2011
and July 2015.
(3) Wells Fargo successfully claimed in Jabbari v. Wells
Fargo that customers had signed away their rights to hold Wells
Fargo accountable in court for claims of fraud because those
customers were bound to a forced arbitration clause for their
legitimate accounts.
(4) After Wells Fargo publicly entered a settlement with
Federal regulators for the opening of thousands of unauthorized
customer accounts, Wells Fargo claimed in Mitchell et. al. v.
Wells Fargo et. al. that customers' fraud claims must continue
to be forced into arbitration.
(5) Several courts have determined that despite claims of
fraud over unauthorized accounts opened without customer
knowledge or consent, those customers are still bound by
contracts forcing those claims into arbitration based on the
courts' interpretation of the Federal Arbitration Act.
(6) The Federal Arbitration Act (now codified as chapter 1
of title 9, United States Code) was intended to apply to
disputes between commercial entities of generally similar
sophistication and bargaining power, but a series of decisions
by the Supreme Court of the United States have interpreted the
Federal Arbitration Act as applicable to claims of fraud.
(7) Consumers have no meaningful choice whether to submit
their claims to arbitration and are typically unaware that they
have given up their rights to file claims in court.
SEC. 3. ARBITRATION OF CONSUMER DISPUTES RELATED TO CREDIT CARD
ACCOUNTS.
Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is
amended by adding at the end the following (and the table of contents
for such chapter is conformed accordingly):
``Sec. 140B. Validity and enforceability
``(a) Definitions.--In this section--
``(1) the term `covered dispute' means a dispute that is
not subject to a final judgment by a court; and
``(2) the term `predispute arbitration agreement' means any
agreement between a person and a consumer providing for
arbitration of any future dispute between the parties.
``(b) Validity and Enforceability.--No predispute arbitration
agreement shall be valid or enforceable in a covered dispute that is
related to a credit card that was not issued in response to a request
or application for that credit card account.
``(c) Applicability.--The applicability of this section to a
predispute arbitration agreement shall be determined by a State or
Federal court of competent jurisdiction.''.
SEC. 4. ARBITRATION OF CONSUMER DISPUTES RELATED TO COVERED ACCOUNTS.
The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is
amended by inserting after section 920 (15 U.S.C. 1693o-2) the
following:
``SEC. 920A. VALIDITY AND ENFORCEABILITY.
``(a) Definitions.--In this section--
``(1) the term `covered account'--
``(A) means a demand deposit, savings deposit, or
other asset account (other than an occasional or
incidental credit balance in an open end credit plan as
defined in section 103(i)), as described in regulations
of the Bureau, established primarily for personal,
family, or household purposes, including demand
accounts, time accounts, negotiable order of withdrawal
accounts, and share draft accounts; and
``(B) does not include an account held by a
financial institution pursuant to a bona fide trust
agreement;
``(2) the term `covered dispute' means a dispute that is
not subject to a final judgment by a court; and
``(3) the term `predispute arbitration agreement' means any
agreement between a financial institution and a consumer
providing for arbitration of any future dispute between the
parties.
``(b) Validity and Enforceability.--No predispute arbitration
agreement shall be valid or enforceable in a covered dispute that is
related to a covered account that was not issued in response to a
request or application for that covered account.
``(c) Applicability.--The applicability of this section to a
predispute arbitration agreement shall be determined by a State or
Federal court of competent jurisdiction.''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in the amendments made by this Act shall be construed--
(1) to authorize the imposition of a requirement to submit
a dispute to arbitration; or
(2) to restrict any court from ruling that a requirement to
submit a dispute to arbitration is invalid or unenforceable. | Justice for Victims of Fraud Act of 2016 This bill amends the Truth in Lending Act and the Electronic Fund Transfer Act to prohibit predispute arbitration agreements with consumers (i.e., agreements to arbitrate any future disputes between parties instead of pursuing the claims in court) from being valid or enforceable in disputes related to credit card accounts or personal bank accounts that are not subject to a final judgment by a court if the credit card or bank account was not issued in response to a request or application for that account. The bill excludes from this prohibition accounts held by a financial institution pursuant to a bona fide trust agreement. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Investor Protections
Enhancement Act of 2009''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act, the following definitions shall
apply:
(1) Senior.--The term ``senior'' means an individual who is
62 years of age or older.
(2) Securities laws.--The term ``securities laws'' means
the Securities Act of 1933 (15 U.S.C. 77b et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
Investment Company Act of 1940 (15 U.S.C. 80a et seq.), and the
Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.).
(b) Application of Senior Definition.--
(1) Securities act of 1933.--Section 2(a) of the Securities
Act of 1933 (15 U.S.C. 77b(a)) is amended by adding at the end
the following:
``(17) The term `senior' means an individual who is 62
years of age or older.''.
(2) Securities exchange act of 1934.--Section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended
by adding at the end the following:
``(65) The term `senior' means an individual who is 62
years of age or older.''.
(3) Investment company act of 1940.--Section 2(a) of the
Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended
by adding at the end the following:
``(54) The term `senior' means an individual who is 62
years of age or older.''.
(4) Investment advisers act of 1940.--Section 202(a) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended
by adding at the end the following:
``(29) The term `senior' means an individual who is 62
years of age or older.''.
SEC. 3. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1933.
(a) Civil Actions.--Section 20(d)(2) of the Securities Act of 1933
(15 U.S.C. 77t(d)(2)) is amended by adding at the end the following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person commits a
violation described in paragraph (1), and the violation
is directed toward, targets, or is committed against a
person who, at the time of the violation, is a senior,
the Commission, in addition to any other applicable
civil penalty, may impose a civil penalty of not more
than $50,000 for each such violation.''.
(b) Other Violations.--Section 24 of the Securities Act of 1933 (15
U.S.C. 77x) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if
a person commits a violation described in subsection (a), and the
violation is directed toward, targets, or is committed against a person
who, at the time of the violation is a senior, the Commission, in
addition to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.
SEC. 4. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1934.
(a) Civil Actions.--Section 21(d)(3)(B) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by adding at the end
the following:
``(iv) Special rule for seniors.--
Notwithstanding clauses (i), (ii), and (iii),
if a person commits a violation described in
subparagraph (A), and the violation is directed
toward, targets, or is committed against a
person who, at the time of the violation, is a
senior, the Commission, in addition to any
other applicable civil penalty, may impose a
civil penalty of not more than $50,000 for each
such violation.''.
(b) Willful Violations.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the end the
following:
``(4) Special rule for seniors.--Notwithstanding paragraphs
(1), (2), and (3), if a person engages in an act or omission
described in subsection (a), and the violation is directed
toward, targets, or is committed against a person who, at the
time of the violation, is a senior, the Commission, in addition
to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.
(c) Other Violations.--Section 32 of the Securities Exchange Act of
1934 (15 U.S.C. 78ff) is amended by adding at the end the following:
``(d) Special Rule for Seniors.--Notwithstanding subsections (a),
(b), and (c), if a person commits a violation described in this
section, and the violation is directed toward, targets, or is committed
against a person, who at the time of the violation, is a senior, the
Commission, in addition to any other applicable civil penalty, may
impose a civil penalty of not more than $50,000 for each such
violation.''.
SEC. 5. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT COMPANY ACT OF
1940.
(a) Willful Violations.--Section 9(d)(2) of the Investment Company
Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person engages in
an act or omission described in paragraph (1), and the
violation is directed toward, targets, or is committed
against a person, who, at the time of the violation, is
a senior, the Commission, in addition to any other
applicable civil penalty, may impose a civil penalty of
not more than $50,000 for each such violation.''.
(b) Civil Actions.--Section 42(e)(2) of the Investment Company Act
of 1940 (15 U.S.C. 80a-41(e)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person commits a
violation described in paragraph (1), and the violation
is directed toward, targets, or is committed against a
person who, at the time of the violation, is senior,
the Commission, in addition to any other applicable
civil penalty, may impose a civil penalty not more than
$50,000 for each such violation.''.
(c) Other Violations.--Section 49 of the Investment Company Act of
1940 (15 U.S.C. 80a-48) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if
a person commits a violation described in subsection (a), and the
violation is directed toward, targets, or is committed against a person
who, at the time of the violation, is a senior, the Commission, in
addition to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.
SEC. 6. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT ADVISERS ACT OF
1940.
(a) Willful Violations.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by adding at
the end the following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person engages in
an act or omission described in paragraph (1), and the
violation is directed toward, targets, or is committed
against a person who, at the time of the violation, is
a senior, the Commission, in addition to any other
applicable civil penalty, may impose a civil penalty of
not more than $50,000 for each such violation.''.
(b) Civil Actions.--Section 209(e)(2) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), if a person commits a
violation under this title, and the violation is
directed toward, targets, or is committed against a
person who, at the time of the violation, is a senior,
the Commission, in addition to any other applicable
civil penalty, may impose a civil penalty of not more
than $50,000 for each such violation.''.
(c) Other Violations.--Section 217 of the Investment Advisers Act
of 1940 (15 U.S.C. 80b-17) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if
a person commits a violation described in subsection (a), and the
violation is directed toward, targets, or is committed against a person
who, at the time of the violation, is a senior, the Commission, in
addition to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.
SEC. 7. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and amend the Federal
sentencing guidelines and policy statements to ensure that the
guideline offense levels and enhancements appropriately punish
violations of the securities laws against seniors.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that section 2B1.1 and 2C1.1 of the Federal
sentencing guidelines (and any successors thereto) apply to and
punish offenses in which the victim of a violation of the
securities laws is a senior;
(2) ensure reasonable consistency with other relevant
directives, provisions of the Federal sentencing guidelines,
and statutory provisions;
(3) make any necessary and conforming changes to the
Federal sentencing guidelines, in accordance with the
amendments made by this Act; and
(4) ensure that the Federal sentencing guidelines
adequately meet the purposes of sentencing set forth in section
3553(a)(2) of title 18, United States Code. | Senior Investor Protections Enhancement Act of 2009 - Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to impose, in addition to any other civil penalty, a maximum civil penalty of $50,000 for each violation that is directed toward, targets, or is committed against a person who at the time of the violation is age 62 or older.
Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that guideline offense levels and enhancements appropriately punish criminal violations of the securities laws against seniors. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf States Red Snapper Management
Authority Act''.
SEC. 2. TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN
THE GULF OF MEXICO.
(a) In General.--The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) is amended by adding at the end
the following:
``TITLE V--TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN
THE GULF OF MEXICO
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Coastal waters.--The term `coastal waters' means all
waters of the Gulf of Mexico--
``(A) shoreward of the baseline from which the
territorial sea of the United States is measured; and
``(B) seaward from the baseline described in
subparagraph (A) to the outer boundary of the exclusive
economic zone.
``(2) Gulf coastal state.--The term `Gulf coastal State'
means each of the following States:
``(A) Alabama.
``(B) Florida.
``(C) Louisiana.
``(D) Mississippi.
``(E) Texas.
``(3) Gulf of mexico fishery management council.--The term
`Gulf of Mexico Fishery Management Council' means the Gulf of
Mexico Fishery Management Council established under section
302(a).
``(4) Gulf of mexico red snapper.--The term `Gulf of Mexico
red snapper' means members of stocks or populations of the
species Lutjanus campechanus, which ordinarily are found within
the waters of the exclusive economic zone and adjacent
territorial waters of the Gulf of Mexico.
``(5) Gulf states red snapper management authority.--The
term `Gulf States Red Snapper Management Authority' and
`GSRSMA', means the Gulf States Red Snapper Management
Authority established under section 502(a).
``(6) Red snapper fishery management plan.--The term `red
snapper fishery management plan' means a plan created by one or
more Gulf coastal States to manage Gulf of Mexico red snapper
in the coastal waters adjacent to such State or States,
respectively.
``(7) Reef fish federal fishery management plan.--The term
`Reef Fish Federal fishery management plan' means the Fishery
Management Plan for the Reef Fish Resources of the Gulf of
Mexico, as amended, prepared by the Gulf of Mexico Fishery
Management Council pursuant to title III and implemented under
part 622 of title 50, Code of Federal Regulations (or similar
successor regulation).
``(8) State territorial waters.--The term `State
territorial waters', with respect to a Gulf coastal State,
means the waters adjacent to such State seaward to the line
three marine leagues seaward from the baseline from which of
the territorial sea of the United States is measured.
``SEC. 502. MANAGEMENT OF GULF OF MEXICO RED SNAPPER.
``(a) Gulf States Red Snapper Management Authority.--
``(1) Requirement to establish.--Not later than 60 days
after the date of the enactment of this title, the Secretary
shall establish a Gulf States Red Snapper Management Authority
that consists of the principal fisheries manager of each of the
Gulf coastal States.
``(2) Duties.--The duties of the GSRSMA are as follows:
``(A) To review and approve red snapper fishery
management plans, as set out in the Act.
``(B) To provide standards for each Gulf coastal
State to use in developing fishery management measures
to sustainably manage Gulf of Mexico red snapper in the
coastal waters adjacent to such State.
``(C) To the maximum extent practicable, make
scientific data, stock assessments and other scientific
information upon which fishery management plans are
based available to the public for inspection prior to
meetings described in paragraph (c)(2).
``(b) Requirement for Plans.--
``(1) Deadline for submission of plans.--The GSRSMA shall
establish a deadline for each Gulf coastal State to submit to
the GSRSMA a red snapper fishery management plan for such
State.
``(2) Consistency with federal fishery management plans.--
To the extent practicable, the Gulf Coastal States fishery
management plans shall be consistent with the requirements in
section 303(a) of the Fishery Conservation and Management Act
of 1976 (16 U.S.C. 1853(a)).
``(c) Review and Approval of Plans.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this title and not more than 60 days after one
or more Gulf coastal States submits a red snapper fishery
management plan and annually thereafter, the GSRSMA shall
review and approve by majority vote the red snapper fishery
management plan if such plan meets the requirements of this
title.
``(2) Public participation.--Prior to approving a red
snapper fishery management plan submitted by one or more Gulf
coastal States, the GSRSMA shall provide an adequate
opportunity for public participation, including--
``(A) at least 1 public hearing held in each
respective Gulf coastal State; and
``(B) procedures for submitting written comments to
GSRSMA on the fishery management plan.
``(3) Plan requirements.--A red snapper fishery management
plan submitted by one or more Gulf coastal States shall--
``(A) contain standards and procedures for the
long-term sustainability of Gulf of Mexico red snapper
based on the best available science;
``(B) comply with the standards described in
subsection (a)(2)(B); and
``(C) determine quotas for the red snapper fishery
in the coastal waters adjacent to such Gulf coastal
State or States, respectively, based on stock
assessments, and--
``(i) any recommendation by the GSRSMA to
reduce quota apportioned to the commercial
sector by more than 10 percent shall be
reviewed and approved by the Gulf of Mexico
Fishery Management Council;
``(ii) during the 3-year period beginning
on the date of enactment of this title and
consistent with subsection (d), the GSRSMA
shall not determine a quota apportioned to the
commercial sector; and
``(iii) nothing in this Act shall be
construed to change the individual quota shares
currently in place in the commercial sector of
the Gulf of Mexico red snapper fishery.
``(4) Review and approval.--Not later than 60 days after
the date the GSRSMA receives a red snapper fishery management
plan from one or more Gulf coastal State or States, the GSRSMA
shall review and approve such plan if such plan satisfies the
requirements of subsection (b).
``(d) Continued Management by the Secretary.--During the 3-year
period beginning on the date of the enactment of this title, the
Secretary, in coordination with the Gulf of Mexico Fishery Management
Council, shall continue to manage the commercial sector of the Gulf of
Mexico red snapper fishery.
``(e) Reporting Requirements.--
``(1) Reports by gulf coastal states.--Each Gulf coastal
State shall submit to the GSRSMA an annual report on the status
of the Gulf of Mexico red snapper fishery in coastal waters
adjacent to such State.
``(2) Report by the gsrsma.--Not less often than once every
5 years, the GSRSMA shall use the information submitted in the
annual reports required by paragraph (1) to prepare and submit
to the Secretary a report on the status of the Gulf of Mexico
red snapper fishery.
``SEC. 503. STATE IMPLEMENTATION OF THE RED SNAPPER FISHERY MANAGEMENT
PLANS.
``(a) Allocation of Management to the Gulf States.--
``(1) Certification of approved plans.--The GSRSMA shall
certify to the Secretary that a red snapper fishery management
plan is approved under section 502 for each of the Gulf coastal
States.
``(2) Transfer of management.--Upon receipt of the
certification described in paragraph (1) and subject to section
502(d), the Secretary shall--
``(A) publish a notice in the Federal Register
revoking the regulations and portions of the Reef Fish
Federal fishery management plan that are in conflict
with any red snapper fishery management plan approved
by the GSRSMA; and
``(B) transfer management of Gulf of Mexico red
snapper to the GSRSMA.
``(b) Implementation.--
``(1) In general.--Upon the transfer of management
described in subsection (a)(2)(B) and subject to section
502(d), each Gulf coastal State shall implement and enforce the
red snapper fishery management plans approved under section 502
for the Gulf of Mexico red snapper fishery in the coastal
waters adjacent to each Gulf coastal State.
``(2) Failure to transfer management.--If the certification
described in subsection (a)(1) is not made the transfer of
management described in subsection (a)(2)(B) may not be
accomplished and the Secretary shall remain responsible for
management of the Gulf of Mexico red snapper.
``SEC. 504. OVERSIGHT OF GULF OF MEXICO RED SNAPPER MANAGEMENT.
``(a) Implementation and Enforcement of Fishery Management Plans.--
Not later than December 1 of the year following the transfer of
management described in section 503(a)(2), and at any other time the
GSRSMA considers appropriate after that date, the GSRSMA shall
determine if--
``(1) each Gulf coastal State has fully adopted and
implemented the red snapper fishery management plan approved
under section 502 for such State;
``(2) each such plan continues to be in compliance with the
standards for sustainability provided by the GSRSMA pursuant to
section 502(a)(2); and
``(3) the enforcement of the plan by each Gulf coastal
State is satisfactory to maintain the long-term sustainability
and abundance of Gulf of Mexico red snapper.
``(b) Overfishing and Rebuilding Plans.--
``(1) Certification.--If the Gulf of Mexico red snapper in
the coastal waters adjacent to a Gulf coastal State is
experiencing overfishing or is subject to a rebuilding plan,
such Gulf coastal State shall submit a certification to the
GSRSMA showing that such State has implemented the necessary
measures to end overfishing or rebuild the fishery.
``(2) Notification to secretary.--If, after such time as
determined by the GSRSMA, a Gulf coastal State that submitted a
certification under paragraph (1) has not implemented the
measures and requirements described in such paragraph, the
GSRSMA shall vote on whether to notify the Secretary of a
recommendation of closure of the red snapper fishery in the
waters adjacent to the State territorial waters of the Gulf
coastal State.
``(c) Closure of the Gulf of Mexico Red Snapper Fishery.--
``(1) Conditions for closure.--Not later than 60 days after
the receipt of a notice under subsection (b)(2) for a Gulf
coastal State, the Secretary may declare a closure of the Gulf
of Mexico red snapper fishery within the waters adjacent to the
State territorial waters of the Gulf coastal State.
``(2) Considerations.--Prior to making a declaration under
paragraph (2), the Secretary shall consider the comments of
such Gulf coastal State and the GSRSMA.
``(3) Actions prohibited during closure.--During a closure
of the Gulf of Mexico red snapper fishery under paragraph (1),
it is unlawful for any person--
``(A) to engage in fishing for Gulf of Mexico red
snapper within the waters adjacent to the State
territorial waters of the Gulf coastal State covered by
the closure;
``(B) to land, or attempt to land, the Gulf of
Mexico red snapper in the area of the closure; or
``(C) to fail to return to the water any Gulf of
Mexico red snapper caught in the area of the closure
that are incidental to commercial harvest or in the
recreational fisheries.
``(4) Construction.--Nothing in this subsection shall be
construed to allow the Secretary to close the red snapper
fishery in the State territorial waters of a Gulf coastal
State.
``SEC. 505. PROHIBITION ON FEDERAL FUNDING.
``No Federal funds are authorized to be appropriated to or used for
the GSRSMA or its members to carry out management actions of red
snapper in the Gulf of Mexico.
``SEC. 506. NO EFFECT ON MANAGEMENT OF SHRIMP FISHERIES IN FEDERAL
WATERS.
``(a) Bycatch Reduction Devices.--Nothing in this title may be
construed to effect any requirement related to the use of Gulf of
Mexico red snapper bycatch reduction devices in the course of shrimp
trawl fishing activity.
``(b) Bycatch of Red Snapper.--Nothing in this title shall be
construed to apply to or affect in any manner the Federal management of
commercial shrimp fisheries in the Gulf of Mexico, including any
incidental catch of red snapper.''.
(b) Conforming Amendments.--
(1) Data collection.--Section 401(g)(3)(C) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881(g)(3)(C)) is amended by striking ``and'' after the
semicolon at the end of clause (iv), by striking the period at
the end of clause (v) and inserting ``; and'', and by adding at
the end the following:
``(vi) in the case of each fishery in the
Gulf of Mexico, taking into consideration all
data collection activities related to fishery
effort that are undertaken by the marine
resources division of each relevant State of
the Gulf of Mexico Fishery Management
Council.''.
(2) Gulf state territorial waters.--Section 306(b) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1856(b)) is amended by adding at the end the following:
``(4) Notwithstanding section 3(11) and subsection (a) of this
section, for purposes of carrying out activities pursuant to the
Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico, the seaward boundary of a coastal State in the Gulf of Mexico
is a line three marine leagues seaward from the baseline from which the
territorial sea of the United States is measured.''.
(c) Clerical Amendment.--The table of contents in the first section
of such Act is amended by adding at the end the following:
``TITLE V--TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN
THE GULF OF MEXICO
``Sec. 501. Definitions.
``Sec. 502. Management of Gulf of Mexico red snapper.
``Sec. 503. State implementation of the red snapper fishery management
plans.
``Sec. 504. Oversight of Gulf of Mexico red snapper management.
``Sec. 505. Prohibition on Federal funding.
``Sec. 506. No effect on management of shrimp fisheries in Federal
waters.''. | Gulf States Red Snapper Management Authority Act (Sec.2)This bill amends the Magnuson-Stevens Fishery Conservation and Management Act to direct the National Marine Fisheries Service (NMFS)to establish a Gulf States Red Snapper Management Authority (GSRSMA) that consists of the principal fisheries manager of each of the five Gulf of Mexico coastal states: Alabama, Florida, Louisiana, Mississippi, and Texas. The GSRSMA must: establish a deadline for each Gulf coastal state to submit to the GSRSMA a fishery management plan for the long-term sustainability of Gulf of Mexico red snapper, review those plans and approve them if they meet the requirements of this bill, provide standards for each Gulf coastal state to use in developing fishery management measures to sustainably manage the Gulf of Mexico red snapper in the coastal waters adjacent to the state, and provide an opportunity for public participation before approving a plan. For three years, the NMFS must continue to manage the commercial sector of the Gulf of Mexico red snapper fishery in coordination with the Gulf of Mexico Fishery Management Council. The bill establishes a plan certification process. After the three-year period and once a plan is certified, the NMFS must transfer management of the Gulf of Mexico red snapper to the GSRSMA. Each Gulf coastal state must then implement and enforce approved plans for the fishery in the coastal waters adjacent to it. If the Gulf of Mexico red snapper in the coastal waters adjacent to a Gulf coastal state is experiencing overfishing or is subject to a rebuilding plan, the state must certify to the GSRSMA that it has implemented the necessary measures to end overfishing or rebuild the fishery and has implemented a harvest monitoring program. A process is established for closing a red snapper fishery within the waters adjacent to the state territorial waters of the Gulf coastal state if those measures have not been implemented. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Unemployment Compensation
Extension Act of 2009''.
SEC. 2. TEMPORARY EXTENSION OF CERTAIN UNEMPLOYMENT BENEFITS.
(a) Emergency Unemployment Compensation.--Section 4007 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C.
3304 note) is amended--
(1) by striking ``December 31, 2009'' each place it appears
and inserting ``December 31, 2010'';
(2) in the heading for subsection (b)(2), by striking
``December 31, 2009'' and inserting ``December 31, 2010''; and
(3) in subsection (b)(3), by striking ``May 31, 2010'' and
inserting ``May 31, 2011''.
(b) Additional Regular Compensation.--Section 2002(e) of the
Assistance for Unemployed Workers and Struggling Families Act, as
contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is
amended--
(1) in paragraph (1)(B), by striking ``January 1, 2010''
and inserting ``January 1, 2011'';
(2) in the heading for paragraph (2), by striking ``January
1, 2010'' and inserting ``January 1, 2011''; and
(3) in paragraph (3), by striking ``June 30, 2010'' and
inserting ``June 30, 2011''.
(c) Full Funding of Extended Benefits.--Section 2005 of the
Assistance for Unemployed Workers and Struggling Families Act, as
contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is
amended--
(1) by striking ``January 1, 2010'' each place it appears
and inserting ``January 1, 2011'';
(2) in subsection (c), by striking ``June 1, 2010'' and
inserting ``June 1, 2011''; and
(3) in subsection (d), by striking ``May 30, 2010'' and
inserting ``May 30, 2011''.
SEC. 3. ADDITIONAL EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 4002 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by
adding at the end the following:
``(d) Further Additional Emergency Unemployment Compensation.--
``(1) In general.--If, at the time that the amount added to
an individual's account under subsection (c)(1) (hereinafter
`additional emergency unemployment compensation') is exhausted
or at any time thereafter, such individual's State is in an
extended benefit period (as determined under paragraph (2)),
such account shall be further augmented by an amount
(hereinafter `further additional emergency unemployment
compensation') equal to the lesser of--
``(A) 50 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under the State law; or
``(B) 13 times the individual's average weekly
benefit amount (as determined under subsection (b)(2))
for the benefit year.
``(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period, as of any given time, if--
``(A) such a period is then in effect for such
State under the Federal-State Extended Unemployment
Compensation Act of 1970;
``(B) such a period would then be in effect for
such State under such Act if section 203(d) of such
Act--
``(i) were applied by substituting `6' for
`5' each place it appears; and
``(ii) did not include the requirement
under paragraph (1)(A) thereof; or
``(C) such a period would then be in effect for
such State under such Act if--
``(i) section 203(f) of such Act were
applied to such State (regardless of whether
the State by law had provided for such
application); and
``(ii) such section 203(f)--
``(I) were applied by substituting
`9.0' for `6.5' in paragraph (1)(A)(i)
thereof; and
``(II) did not include the
requirement under paragraph (1)(A)(ii)
thereof.
``(3) Coordination rule.--Notwithstanding an election under
section 4001(e) by a State to provide for the payment of
emergency unemployment compensation prior to extended
compensation, such State may pay extended compensation to an
otherwise eligible individual prior to any further additional
emergency unemployment compensation, if such individual claimed
extended compensation for at least 1 week of unemployment after
the exhaustion of additional emergency unemployment
compensation.
``(4) Limitation.--The account of an individual may be
augmented not more than once under this subsection.''.
(b) Conforming Amendment to Non-augmentation Rule.--Section
4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law
110-252; 26 U.S.C. 3304 note), as amended by section 2(a), is further
amended--
(1) by striking ``then section 4002(c)'' and inserting
``then subsections (c) and (d) of section 4002''; and
(2) by striking ``paragraph (2) of such section)'' and
inserting ``paragraph (2) of such subsection (c) or (d) (as the
case may be))''.
(c) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the Supplemental
Appropriations Act, 2008, except that no amount shall be payable by
virtue of such amendments with respect to any week of unemployment
commencing before the date of the enactment of this Act.
SEC. 4. TRANSFER OF FUNDS.
Section 4004(e)(1) of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking
``Act;'' and inserting ``Act and the Emergency Unemployment
Compensation Extension Act of 2009;''.
SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) Benefits.--Section 2(c)(2)(D) of the Railroad Unemployment
Insurance Act, as added by section 2006 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), is amended--
(1) in clause (iii)--
(A) by striking ``June 30, 2009'' and inserting
``June 30, 2010'';
(B) by striking ``December 31, 2009'' and inserting
``December 31, 2010''; and
(2) by adding at the end of clause (iv) the following: ``In
addition to the amount appropriated by the preceding sentence,
out of any funds in the Treasury not otherwise appropriated,
there are appropriated $175,000,000 to cover the cost of
additional extended unemployment benefits provided under this
subparagraph, to remain available until expended.''.
(b) Administrative Expenses.--Section 2006 of the American Recovery
and Reinvestment Act of 2009 is amended by adding at the end of
subsection (b) the following: ``In addition to funds appropriated by
the preceding sentence, out of any funds in the Treasury not otherwise
appropriated, there are appropriated to the Railroad Retirement Board
$807,000 to cover the administrative expenses associated with the
payment of additional extended unemployment benefits under section
2(c)(2)(D) of the Railroad Unemployment Insurance Act, to remain
available until expended.''.
SEC. 6. EFFICIENT USE OF THE NATIONAL DIRECTORY OF NEW HIRES DATABASE
FOR FEDERALLY-SPONSORED RESEARCH ASSESSING THE
EFFECTIVENESS OF FEDERAL PROGRAMS IN ACHIEVING POSITIVE
LABOR MARKET OUTCOMES.
Section 453 of the Social Security Act (42 U.S.C. 653) is amended--
(1) in subsection (i)(2)(A), by striking ``24'' and
inserting ``48'';
(2) in subsection (j)(5), by striking ``but without
personal identifiers'' and inserting ``or pursuant to
evaluations undertaken to assess the effectiveness of Federal
programs in achieving positive labor market outcomes that are
conducted under contract to or grant from the Department of
Health and Human Services, the Social Security Administration,
the Department of Labor, the Department of Education, the
Department of Housing and Urban Development, or other Federal
departments or agencies supporting the evaluations. For
purposes of conducting the evaluations, personal identifiers
may be provided to any Federal department or agency and to any
agent of any such department or agency, subject to the privacy
provisions contained in subsections (l) and (m)''; and
(3) in subsection (l)(2), by inserting ``, agent conducting
research described in subsection (j)(5),'' before ``or
employee''. | Emergency Unemployment Compensation Extension Act of 2009 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the Emergency Unemployment Compensation (EUC) program through December 31, 2010.
Amends the Assistance for Unemployed Workers and Struggling Families Act to extend through January 1, 2011: (1) federal-state agreements increasing regular unemployment compensation payments to individuals; and (2) requirements that federal payments to states cover 100% of EUC.
Requires a further additional Tier-3 period for deposits to an individual's EUCA, using the current formula, if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period.
Prescribes a formula for determining if a state is in an extended benefit period.
Allows the Tier-3 period augmentation to be applied to the individual's EUCA only once.
Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional EUC, if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC.
Amends the Railroad Unemployment Insurance Act to extend through December 31, 2010, the temporary increase in extended unemployment benefits for employees with 10 or more years of service and for those with less than 10. Makes additional appropriations to cover such cost.
Amends the American Recovery and Reinvestment Act of 2009 to make additional appropriations to the Railroad Retirement Board to cover administrative expenses associated with such additional extended benefits.
Amends title IV part D (Child Support and Establishment of Paternity) of the Social Security Act to require information entered into the data base of the National Directory of New Hires to be deleted 48 (currently, 24) months after its entry.
Authorizes the Secretary of Health and Human Services (HHS) to permit federal departments and agencies or their agents to use data in each component of the Federal Parent Locator Service and information reported by employers to assess the effectiveness of federal programs in achieving positive labor market outcomes. Allows personal identifiers to be provided to such entities, subject to certain privacy provisions. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Care Trust Fund
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) war is inherently unpredictable, and the true cost of
health care related to conflicts is often not fully understood
until several decades later;
(2) an independent estimate from Harvard University found
that over the next 40-50 years, the costs related to health
care and disability compensation for the wars in Iraq and
Afghanistan will exceed $970 billion;
(3) this is evidenced by the growing treatment costs for
conditions related to Agent Orange exposure in Vietnam
Veterans, Gulf War Syndrome in Gulf War Veterans, and
conditions related to burn pit exposure in Iraq and Afghanistan
Veterans; and
(4) taking steps to address these costs now ensures that
Congress fully accounts for these costs when considering the
use of military force and that our Nation is better postured to
address the long-term and unforeseen health care needs of its
veterans.
SEC. 3. WAR TRUST FUNDS.
(a) In General.--Chapter 1 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 119. War trust funds
``(a) Establishment.--Upon the commencement of any war, the
Secretary shall establish in the General Fund of the Treasury a trust
fund to be named for that war. Amounts collected pursuant to section
59A of the Internal Revenue Code of 1986 by reason of the occurrence of
that war shall be deposited into the fund.
``(b) Use of Funds.--Amounts available in a trust fund established
under subsection (a) for a war may be used by the Secretary to provide
for the following for veterans who serve on active duty in the Armed
Forces during that war:
``(1) Hospital care and medical services.
``(2) Payments of disability compensation under the laws
administered by the Secretary.
``(3) Other programs and benefits under the laws
administered by the Secretary that the Secretary determines are
directly related to the health care of such veterans.
``(c) Concurrent Wars.--If more than one war occurs concurrently,
the Secretary shall establish a separate trust fund under subsection
(a) for each such war.
``(d) Reports.--(1) Not later than 30 days after the Secretary
first makes a withdrawal from a trust fund established under this
section, and every 30 days thereafter until the Secretary makes the
final withdrawal from the fund, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives, the Committee on Finance of the Senate, and the
Committee on Ways and Means of the House of Representatives a report
describing the intended use of the amounts withdrawn from the fund
during the period covered by the report.
``(2) For any fiscal year during which the Secretary makes a
withdrawal from a fund established under this section, the Comptroller
General of the United States shall conduct an audit of the consolidated
financial statements relating to the fund, as prepared by the
Department of the Treasury. Not later than 30 days after the last day
of such a fiscal year, the Comptroller General shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives, the Committee on Finance of the Senate, and the
Committee on Ways and Means of the House of Representatives a report
containing the results of the audit.
``(e) War Defined.--In this section, the term `war' means any use
of the Armed Forces pursuant to any of the following:
``(1) A war conducted pursuant to a declaration of war by
Congress.
``(2) The War Powers Resolution (Public Law 93-148; 50
U.S.C. 1541 et seq.).
``(3) The Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note).
``(4) Any other authorization for use of military force
enacted on or after the date of the enactment of this Act.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``119. War trust funds.''.
SEC. 4. WAR TAX.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after part VI the following new
part:
``PART VII--WAR TAX
``Sec. 59A. War tax.
``SEC. 59A. WAR TAX.
``(a) In General.--In the case of a covered individual, there is
hereby imposed (in addition to any other tax imposed by this subtitle)
with respect to each war occurring at any time during the taxable year
a tax determined under the following table:
``If adjusted gross income of the
taxpayer is: The tax is:
Less than $30,000...................................... $25
At least $30,000 but less than $40,000................. $57
At least $40,000 but less than $50,000................. $98
At least $50,000 but less than $75,000................. $164
At least $75,000 but less than $100,000................ $270
At least $100,000 but less than $200,000............... $485
At least $200,000...................................... $1,000.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) War.--The term `war' means any use of the Armed
Forces pursuant to any of the following:
``(A) A war conducted pursuant to a declaration of
war by Congress.
``(B) The War Powers Resolution (Public Law 93-148;
50 U.S.C. 1541 et seq.).
``(C) The Authorization for Use of Military Force
(Public Law 107-40; 50 U.S.C. 1541 note).
``(D) Any other authorization for use of military
force enacted on or after the date of the enactment of
this Act.
``(2) Covered individual.--The term `covered individual'
means any individual who has not served on active duty in the
Armed Forces of the United States.
``(3) Enumeration of wars.--The Secretary shall in forms
and guidance enumerate each war with respect to which a tax is
imposed by subsection (a) for any taxable year.
``(c) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be treated as
tax imposed by this chapter for purposes of determining the amount of
any credit under this chapter or for purposes of section 55.''.
(b) Section 15 Not To Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.
(c) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by inserting after the item relating
to part VI the following new item:
``Part VII--War Tax''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Veterans Health Care Trust Fund Act This bill requires the Department of Veterans Affairs (VA), upon the commencement of any war, to establish a trust fund to be named for that war. Amounts collected pursuant to a war tax (required by this bill) shall be deposited into such fund and may be used by the VA to provide for veterans who serve on active duty during that war programs and benefits directly related to their health care. For any fiscal year during which the VA makes a withdrawal from such a fund, the Government Accountability Office shall conduct an audit of the consolidated financial statements relating to the fund. The bill amends the Internal Revenue Code to provide for the imposition upon individuals who have not served on active duty in the Armed Forces of a graduated income tax with respect to each war occurring at any time during the taxable year. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postal Service Accountability Act of
2012''.
SEC. 2. CLOSING OR CONSOLIDATION OF POST OFFICES.
(a) Economic Effects.--Section 404(d)(2)(A)(i) of title 39, United
States Code, is amended by striking the semicolon and inserting ``,
including any economic effects;''.
(b) Increase in Length of Waiting Period.--Section 404(d)(4) of
title 39, United States Code, is amended by striking ``60'' and
inserting ``120''.
(c) Specific Basis To Exercise Authority To Set Aside.--
Subparagraph (C) of section 404(d)(5) of title 39, United States Code,
is amended to read as follows:
``(C) unsupported by substantial evidence on the record,
including any determination, finding, or conclusion of the
Postal Service with respect to clause (i), (ii), (iii), or (iv)
of paragraph (2)(A) (each of which clauses the Postal Service
shall specifically address under paragraph (3) with respect to
the post office involved).''.
(d) PRC Concurrence Required.--Section 404(d) of title 39, United
States Code, is amended by adding at the end the following:
``(7) If an appeal is filed under paragraph (5) with respect to the
closure or consolidation of a post office, the Postal Service may not
proceed with its determination to close or consolidate such post office
without the written concurrence of at least 3 of the Commissioners.''.
(e) Review.--Section 404(d) of title 39, United States Code, is
amended by adding after paragraph (7) (as added by subsection (d)) the
following:
``(8) Within 1 year after the date on which a post office is closed
or consolidated, the Postal Service shall conduct a review and make
public its findings and determinations in regard to--
``(A) the accuracy of the findings which the Postal Service
had made earlier, with respect to the considerations under
paragraph (2)(A), in connection with the proposed closing or
consolidation of such post office; and
``(B) what substitute services are being provided for those
previously provided by the post office that was closed or
consolidated, and whether those substitute services are meeting
community needs.''.
SEC. 3. PROVISIONS RELATING TO CERTAIN OTHER FACILITIES.
Section 404 of title 39, United States Code, is amended by adding
at the end the following:
``(f)(1) The Postal Service, prior to making a determination as to
the necessity for the closing or consolidation of any mail processing
facility, shall provide adequate notice of its intention to close or
consolidate such mail processing facility at least 60 days prior to the
proposed date of such closing or consolidation to the employees at that
facility and the community in which such facility is located to ensure
that such persons will have an opportunity to present their views.
``(2) The Postal Service, in making a determination whether or not
to close or consolidate a mail processing facility--
``(A) shall consider--
``(i) the effect of such closing or consolidation
on the community in which such facility is located,
including any economic effects;
``(ii) the effect of such closing or consolidation
on employees of the Postal Service employed at such
facility;
``(iii) whether such closing or consolidation is
consistent with the policy of the Government, as stated
in section 101(b), that the Postal Service shall
provide a maximum degree of effective and regular
postal services to rural areas, communities, and small
towns where post offices are not self-sustaining;
``(iv) the economic savings to the Postal Service
resulting from such closing or consolidation; and
``(v) such other factors as the Postal Service
determines are necessary; and
``(B) may not consider compliance with any provision of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.).
``(3) Any determination of the Postal Service to close or
consolidate a mail processing facility shall be in writing and shall
include the findings of the Postal Service with respect to the
considerations required to be made under paragraph (2). Such
determination and findings shall be made available to employees at the
facility and the community in which such facility is located.
``(4) The Postal Service shall take no action to close or
consolidate a mail processing facility until 120 days after its written
determination is made available to employees of that facility and the
community in which such facility is located.
``(5) A determination of the Postal Service to close or consolidate
any mail processing facility may be appealed to the Postal Regulatory
Commission, by any employee at such facility or member of the community
in which such facility is located, within 30 days after such
determination is made available to such person under paragraph (3). The
Commission shall review such determination on the basis of the record
before the Postal Service in the making of such determination. The
Commission shall make a determination based upon such review no later
than 120 days after receiving any appeal under this paragraph. The
Commission shall set aside any determination, findings, and conclusions
found to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with the law;
``(B) without observance of procedure required by law; or
``(C) unsupported by substantial evidence on the record,
including any determination, finding, or conclusion of the
Postal Service with respect to clause (i), (ii), (iii), or (iv)
of paragraph (2)(A) (each of which clauses the Postal Service
shall specifically address under paragraph (3) with respect to
the facility involved).
The Commission may affirm the determination of the Postal Service or
order that the entire matter be returned for further consideration, but
the Commission may not modify the determination of the Postal Service.
The Commission may suspend the effectiveness of the determination of
the Postal Service until the final disposition of the appeal. The
provisions of section 556, section 557, and chapter 7 of title 5 shall
not apply to any review carried out by the Commission under this
paragraph.
``(6) For purposes of paragraph (5), any appeal received by the
Commission shall--
``(A) if sent to the Commission through the mails, be
considered to have been received on the date of the Postal
Service postmark on the envelope or other cover in which such
appeal is mailed; or
``(B) if otherwise lawfully delivered to the Commission, be
considered to have been received on the date determined based
on any appropriate documentation or other indicia (as
determined under regulations of the Commission).
``(7) If an appeal is filed under paragraph (5) with respect to the
closure or consolidation of a mail processing facility, the Postal
Service may not proceed with its determination to close or consolidate
such facility without the written concurrence of at least 3 of the
Commissioners.
``(8) Within 1 year after the date on which a mail processing
facility is closed or consolidated, the Postal Service shall conduct a
review and make public its findings and determinations in regard to--
``(A) the accuracy of the findings which the Postal Service
had made earlier, with respect to the considerations under
paragraph (2)(A), in connection with the proposed closing or
consolidation of such facility; and
``(B) what substitute services are being provided for those
previously provided by the facility that was closed or
consolidated, and whether those substitute services are meeting
community needs.
``(9) For purposes of this subsection, the term `mail processing
facility' means a processing and distribution center, processing and
distribution facility, network distribution center, or other facility
which is operated by the Postal Service, and the primary function of
which is to sort and process mail.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
closings and consolidations taking effect on or after the date of the
enactment of this Act. | Postal Service Accountability Act of 2012 - Directs the U.S. Postal Service (USPS), in making a determination whether to close or consolidate a post office, to consider the economic effects on the community served by such post office.
Increases from 60 to 120 days the waiting period during which the USPS is prohibited from taking action to close or consolidate a post office after its written determination is made available to persons served by such post office.
Establishes a waiting period and appeal procedures for USPS determinations to close or consolidate mail processing facilities. (Current law addresses such procedures only with respect to post offices.)
Permits facility employees or members of the community in which such a facility is located to appeal to the Postal Regulatory Commission (PRC) any USPS determination to close or consolidate a mail processing facility.
Requires the USPS to consider, among other factors, whether a closing or consolidation is consistent with the policy to provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining.
Specifies, upon an appeal of a USPS determination to close or consolidate a post office or mail processing facility, that the PRC's authority to set aside the USPS determination includes a determination by the PRC that USPS conclusions with respect to specific factors are unsupported by substantial evidence on the record.
Prohibits the USPS, if an appeal is filed, from closing or consolidating a post office or mail processing facility without the written concurrence of at least three PRC Commissioners.
Requires the USPS, within one year after a post office or mail processing facility is closed or consolidated, to review and make public its findings in regard to the accuracy of its earlier findings and whether substitute services are meeting community needs. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Michigan Lighthouse and Maritime
Heritage Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) surrounded by the Great Lakes, the State of Michigan
gives the Midwest region a unique maritime character;
(2) the access of the Great Lakes to the Atlantic Ocean
has--
(A) given the shipping industry in the State of
Michigan an international role in trade; and
(B) contributed to industrial and natural resource
development in the State;
(3) the State of Michigan offers unequaled opportunities
for maritime heritage preservation and interpretation, based on
the fact that the State has--
(A) more deepwater shoreline than any other State
in the continental United States;
(B) more lighthouses than any other State; and
(C) the only freshwater national marine sanctuary
in the United States;
(4) the maritime history of the State of Michigan includes
the history of--
(A) the routes and gathering places of the fur
traders and missionaries who opened North America to
European settlement; and
(B) the summer communities of people who mined
copper, hunted and fished, and created the first
agricultural settlements in the State;
(5) in the 19th century, the natural resources and maritime
access of the State made the State the leading producer of
iron, copper, and lumber in the United States; and
(6) the maritime heritage of Michigan is evident in--
(A) the more than 120 lighthouses in the State;
(B) the lifesaving stations, dry docks, lightships,
submarine, ore docks, piers, breakwaters, sailing
clubs, and communities and industries that were built
on the lakes in the State;
(C) the hotels and resort communities in the State;
(D) the more than 12 maritime-related national
landmarks in the State;
(E) the 2 national lakeshores in the State;
(F) the 2 units of the National Park System in the
State;
(G) the various State parks and sites listed on the
National Register of Historic Places in the State;
(H) the database information in the State on--
(i) 1,500 shipwrecks;
(ii) 11 underwater preserves; and
(iii) the freshwater national marine
sanctuary; and
(I) the Great Lakes, which have played an important
role--
(i) for Native Americans, fur traders,
missionaries, settlers, and travelers;
(ii) in the distribution of wheat, iron,
copper, and lumber;
(iii) providing recreational opportunities;
and
(iv) stories of shipwrecks and rescues.
SEC. 3. DEFINITIONS.
In this Act:
(1) Maritime heritage resource.--The term ``maritime
heritage resource'' includes lighthouses, lifesaving and coast
guard stations, maritime museums, historic ships and boats,
marine sanctuaries and preserves, fisheries and hatcheries,
locks and ports, ore docks, piers and breakwaters, marinas,
resort communities (such as Bay View and Epworth Heights),
cruises, performing artists that specialize in maritime
culture, interpretive and educational programs and events,
museums with significant maritime collections, maritime art
galleries, maritime communities, and maritime festivals.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the National Park Service
Midwest Regional Office.
(3) State.--The term ``State'' means the State of Michigan.
(4) Study area.--The term ``study area'' means the State of
Michigan.
SEC. 4. STUDY.
(a) In General.--The Secretary, in consultation with the State, the
State historic preservation officer, local historical societies, State
and local economic development, tourism, and parks and recreation
offices, and other appropriate agencies and organizations, shall
conduct a special resource study of the study area to determine--
(1) the potential economic and tourism benefits of
preserving State maritime heritage resources;
(2) suitable and feasible options for long-term protection
of significant State maritime heritage resources; and
(3) the manner in which the public can best learn about and
experience State maritime heritage resources.
(b) Requirements.--In conducting the study under subsection (a),
the Secretary shall--
(1) review Federal, State, and local maritime resource
inventories and studies to establish the context, breadth, and
potential for interpretation and preservation of State maritime
heritage resources;
(2) examine the potential economic and tourism impacts of
protecting State maritime heritage resources;
(3) recommend management alternatives that would be most
effective for long-term resource protection and providing for
public enjoyment of State maritime heritage resources;
(4) address how to assist regional, State, and local
partners in efforts to increase public awareness of and access
to the State maritime heritage resources;
(5) identify sources of financial and technical assistance
available to communities for the conservation and
interpretation of State maritime heritage resources; and
(6) address ways in which to link appropriate national
parks, State parks, waterways, monuments, parkways,
communities, national and State historic sites, and regional or
local heritage areas and sites into a Michigan Maritime
Heritage Destination Network.
(c) Report.--Not later than 18 months after the date on which funds
are made available to carry out the study under subsection (a), the
Secretary shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes--
(1) the results of the study; and
(2) any findings and recommendations of the Secretary.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$500,000. | Michigan Lighthouse and Maritime Heritage Act - Directs the Secretary of the Interior, acting through the National Park Service Midwest Regional Office, to study and report on Michigan maritime heritage resource preservation and interpretation, including: (1) potential economic and tourism benefits of preservation of these resources; (2) suitable and feasible options for long-term protection of these resources; (3) the manner in which the public can best learn about and experience these resources; and (4) ways of linking national, State, and regional and local areas and sites into a Michigan Maritime Heritage Destination Network. | billsum_train |
Condense the following text into a summary: TITLE I--FORMER VICE PRESIDENT PROTECTION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Former Vice President Protection
Act of 2008''.
SEC. 102. SECRET SERVICE PROTECTION FOR FORMER VICE PRESIDENTS AND
THEIR FAMILIES.
Section 3056(a) of title 18, United States Code, is amended--
(1) by inserting immediately after paragraph (7) the following:
``(8) Former Vice Presidents, their spouses, and their children
who are under 16 years of age, for a period of not more than six
months after the date the former Vice President leaves office. The
Secretary of Homeland Security shall have the authority to direct
the Secret Service to provide temporary protection for any of these
individuals at any time thereafter if the Secretary of Homeland
Security or designee determines that information or conditions
warrant such protection.''; and
(2) in the sentence immediately preceding subsection (b) of
section 3056, by striking ``(7)'' and inserting ``(8)''.
SEC. 103. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to any
Vice President holding office on or after the date of enactment of the
Act.
TITLE II--IDENTITY THEFT ENFORCEMENT AND RESTITUTION ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Identity Theft Enforcement and
Restitution Act of 2008''.
SEC. 202. CRIMINAL RESTITUTION.
Section 3663(b) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) in the case of an offense under sections 1028(a)(7) or
1028A(a) of this title, pay an amount equal to the value of the
time reasonably spent by the victim in an attempt to remediate the
intended or actual harm incurred by the victim from the offense.''.
SEC. 203. ENSURING JURISDICTION OVER THE THEFT OF SENSITIVE
IDENTITY INFORMATION.
Section 1030(a)(2)(C) of title 18, United States Code, is amended
by striking ``if the conduct involved an interstate or foreign
communication''.
SEC. 204. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS.
(a) In General.--Section 1030 of title 18, United States Code, is
amended--
(1) in subsection (a)(5)--
(A) by striking subparagraph (B); and
(B) in subparagraph (A)--
(i) by striking ``(A)(i) knowingly'' and inserting
``(A) knowingly'';
(ii) by redesignating clauses (ii) and (iii) as
subparagraphs (B) and (C), respectively; and
(iii) in subparagraph (C), as so redesignated--
(I) by inserting ``and loss'' after ``damage''; and
(II) by striking ``; and'' and inserting a period;
(2) in subsection (c)--
(A) in paragraph (2)(A), by striking ``(a)(5)(A)(iii),'';
(B) in paragraph (3)(B), by striking ``(a)(5)(A)(iii),'';
(C) by amending paragraph (4) to read as follows:
``(4)(A) except as provided in subparagraphs (E) and (F), a
fine under this title, imprisonment for not more than 5 years, or
both, in the case of--
``(i) an offense under subsection (a)(5)(B), which does not
occur after a conviction for another offense under this
section, if the offense caused (or, in the case of an attempted
offense, would, if completed, have caused)--
``(I) loss to 1 or more persons during any 1-year
period (and, for purposes of an investigation, prosecution,
or other proceeding brought by the United States only, loss
resulting from a related course of conduct affecting 1 or
more other protected computers) aggregating at least $5,000
in value;
``(II) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;
``(III) physical injury to any person;
``(IV) a threat to public health or safety;
``(V) damage affecting a computer used by or for an
entity of the United States Government in furtherance of
the administration of justice, national defense, or
national security; or
``(VI) damage affecting 10 or more protected computers
during any 1-year period; or
``(ii) an attempt to commit an offense punishable under
this subparagraph;
``(B) except as provided in subparagraphs (E) and (F), a fine
under this title, imprisonment for not more than 10 years, or both,
in the case of--
``(i) an offense under subsection (a)(5)(A), which does not
occur after a conviction for another offense under this
section, if the offense caused (or, in the case of an attempted
offense, would, if completed, have caused) a harm provided in
subclauses (I) through (VI) of subparagraph (A)(i); or
``(ii) an attempt to commit an offense punishable under
this subparagraph;
``(C) except as provided in subparagraphs (E) and (F), a fine
under this title, imprisonment for not more than 20 years, or both,
in the case of--
``(i) an offense or an attempt to commit an offense under
subparagraphs (A) or (B) of subsection (a)(5) that occurs after
a conviction for another offense under this section; or
``(ii) an attempt to commit an offense punishable under
this subparagraph;
``(D) a fine under this title, imprisonment for not more than
10 years, or both, in the case of--
``(i) an offense or an attempt to commit an offense under
subsection (a)(5)(C) that occurs after a conviction for another
offense under this section; or
``(ii) an attempt to commit an offense punishable under
this subparagraph;
``(E) if the offender attempts to cause or knowingly or
recklessly causes serious bodily injury from conduct in violation
of subsection (a)(5)(A), a fine under this title, imprisonment for
not more than 20 years, or both;
``(F) if the offender attempts to cause or knowingly or
recklessly causes death from conduct in violation of subsection
(a)(5)(A), a fine under this title, imprisonment for any term of
years or for life, or both; or
``(G) a fine under this title, imprisonment for not more than 1
year, or both, for--
``(i) any other offense under subsection (a)(5); or
``(ii) an attempt to commit an offense punishable under
this subparagraph.''; and
(D) by striking paragraph (5); and
(3) in subsection (g)--
(A) in the second sentence, by striking ``in clauses (i),
(ii), (iii), (iv), or (v) of subsection (a)(5)(B)'' and
inserting ``in subclauses (I), (II), (III), (IV), or (V) of
subsection (c)(4)(A)(i)''; and
(B) in the third sentence, by striking ``subsection
(a)(5)(B)(i)'' and inserting ``subsection (c)(4)(A)(i)(I)''.
(b) Conforming Changes.--Section 2332b(g)(5)(B)(i) of title 18,
United States Code, is amended by striking ``1030(a)(5)(A)(i) resulting
in damage as defined in 1030(a)(5)(B)(ii) through (v)'' and inserting
``1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II)
through (VI)''.
SEC. 205. CYBER-EXTORTION.
Section 1030(a)(7) of title 18, United States Code, is amended to
read as follows:
``(7) with intent to extort from any person any money or other
thing of value, transmits in interstate or foreign commerce any
communication containing any--
``(A) threat to cause damage to a protected computer;
``(B) threat to obtain information from a protected
computer without authorization or in excess of authorization or
to impair the confidentiality of information obtained from a
protected computer without authorization or by exceeding
authorized access; or
``(C) demand or request for money or other thing of value
in relation to damage to a protected computer, where such
damage was caused to facilitate the extortion;''.
SEC. 206. CONSPIRACY TO COMMIT CYBER-CRIMES.
Section 1030(b) of title 18, United States Code, is amended by
inserting ``conspires to commit or'' after ``Whoever''.
SEC. 207. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR
CRIMINAL PENALTIES.
Section 1030(e)(2)(B) of title 18, United States Code, is amended
by inserting ``or affecting'' after ``which is used in''.
SEC. 208. FORFEITURE FOR SECTION 1030 VIOLATIONS.
Section 1030 of title 18, United States Code, is amended by adding
at the end the following:
``(i)(1) The court, in imposing sentence on any person convicted of
a violation of this section, or convicted of conspiracy to violate this
section, shall order, in addition to any other sentence imposed and
irrespective of any provision of State law, that such person forfeit to
the United States--
``(A) such person's interest in any personal property that was
used or intended to be used to commit or to facilitate the
commission of such violation; and
``(B) any property, real or personal, constituting or derived
from, any proceeds that such person obtained, directly or
indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this subsection,
any seizure and disposition thereof, and any judicial proceeding in
relation thereto, shall be governed by the provisions of section 413 of
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), except subsection (d) of that section.
``(j) For purposes of subsection (i), the following shall be
subject to forfeiture to the United States and no property right shall
exist in them:
``(1) Any personal property used or intended to be used to
commit or to facilitate the commission of any violation of this
section, or a conspiracy to violate this section.
``(2) Any property, real or personal, which constitutes or is
derived from proceeds traceable to any violation of this section,
or a conspiracy to violate this section''.
SEC. 209. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.
(a) Directive.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review its guidelines and
policy statements applicable to persons convicted of offenses under
sections 1028, 1028A, 1030, 2511, and 2701 of title 18, United States
Code, and any other relevant provisions of law, in order to reflect the
intent of Congress that such penalties be increased in comparison to
those currently provided by such guidelines and policy statements.
(b) Requirements.--In determining its guidelines and policy
statements on the appropriate sentence for the crimes enumerated in
subsection (a), the United States Sentencing Commission shall consider
the extent to which the guidelines and policy statements may or may not
account for the following factors in order to create an effective
deterrent to computer crime and the theft or misuse of personally
identifiable data:
(1) The level of sophistication and planning involved in such
offense.
(2) Whether such offense was committed for purpose of
commercial advantage or private financial benefit.
(3) The potential and actual loss resulting from the offense
including--
(A) the value of information obtained from a protected
computer, regardless of whether the owner was deprived of use
of the information; and
(B) where the information obtained constitutes a trade
secret or other proprietary information, the cost the victim
incurred developing or compiling the information.
(4) Whether the defendant acted with intent to cause either
physical or property harm in committing the offense.
(5) The extent to which the offense violated the privacy rights
of individuals.
(6) The effect of the offense upon the operations of an agency
of the United States Government, or of a State or local government.
(7) Whether the offense involved a computer used by the United
States Government, a State, or a local government in furtherance of
national defense, national security, or the administration of
justice.
(8) Whether the offense was intended to, or had the effect of,
significantly interfering with or disrupting a critical
infrastructure.
(9) Whether the offense was intended to, or had the effect of,
creating a threat to public health or safety, causing injury to any
person, or causing death.
(10) Whether the defendant purposefully involved a juvenile in
the commission of the offense.
(11) Whether the defendant's intent to cause damage or intent
to obtain personal information should be disaggregated and
considered separately from the other factors set forth in USSG
2B1.1(b)(14).
(12) Whether the term ``victim'' as used in USSG 2B1.1, should
include individuals whose privacy was violated as a result of the
offense in addition to individuals who suffered monetary harm as a
result of the offense.
(13) Whether the defendant disclosed personal information
obtained during the commission of the offense.
(c) Additional Requirements.--In carrying out this section, the
United States Sentencing Commission shall--
(1) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(2) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(3) make any conforming changes to the sentencing guidelines;
and
(4) assure that the guidelines adequately meet the purposes of
sentencing as set forth in section 3553(a)(2) of title 18, United
States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title I: Former Vice President Protection Act - Former Vice President Protection Act of 2008 - Amends the federal criminal code to provide secret service protection to former Vice Presidents, their spouses, and their children under 16 years of age for up to six months after a former Vice President leaves office. Authorizes the Secretary of Homeland Security to direct the Secret Service to provide temporary protection to former Vice Presidents and their family members at any time thereafter if warranted. Extends such protection to any Vice President holding office on or after the enactment of this Act.
Title II: Identity Theft Enforcement and Restitution Act - Identity Theft Enforcement and Restitution Act of 2008 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) allow prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (3) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (4) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution; (5) expand the definition of "cyber-extortion" to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; (6) prohibit conspiracies to commit computer fraud; (7) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and (8) impose criminal and civil forfeitures of property used to commit computer fraud offenses.
Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect the intent of Congress that penalties for such offenses be increased. Sets forth criteria for updating such guidelines and policy statements. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Service Long-Term Care
Insurance Benefit Act''.
SEC. 2. LONG-TERM CARE INSURANCE.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 90--LONG-TERM CARE INSURANCE
``Sec.
``9001. Definitions.
``9002. Availability of insurance.
``9003. Participating carriers.
``9004. Administrative functions.
``9005. Coordination with State laws.
``9006. Commercial items.
``Sec. 9001. Definitions
``For purposes of this chapter:
``(1) Employee.--The term `employee' has the meaning given
such term by section 8901, but does not include an individual
employed by the government of the District of Columbia.
``(2) Annuitant.--The term `annuitant' means--
``(A) a former employee who, based on the service
of that individual, receives an annuity under
subchapter III of chapter 83, chapter 84, or another
retirement system for employees of the Government
(disregarding title XVIII of the Social Security Act
and any retirement system established for employees
described in section 2105(c)); and
``(B) any individual who receives an annuity under
any retirement system referred to in subparagraph (A)
(disregarding those described parenthetically) as the
surviving spouse of an employee (including an amount
under section 8442(b)(1)(A), whether or not an annuity
under section 8442(b)(1)(B) is also payable) or of a
former employee under subparagraph (A);
but does not include a former employee of a Government
corporation excluded by regulation of the Office of Personnel
Management or the spouse of such a former employee.
``(3) Eligible relative.--The term `eligible relative', as
used with respect to an employee or annuitant, means each of
the following:
``(A) The spouse of the employee or annuitant.
``(B) The father or mother of the employee or
annuitant, or an ancestor of either.
``(C) A stepfather or stepmother of the employee or
annuitant.
``(D) The father-in-law or mother-in-law of the
employee or annuitant.
``(E) A son or daughter of the employee or
annuitant who is at least 18 years of age.
``(F) A stepson or stepdaughter of the employee or
annuitant who is at least 18 years of age.
``(4) Government.--The term `Government' means the
Government of the United States, including an agency or
instrumentality thereof.
``(5) Group long-term care insurance.--The term `group
long-term care insurance' means group long-term care insurance
purchased by the Office of Personnel Management under this
chapter.
``(6) Individual long-term care insurance.--The term
`individual long-term care insurance' means any long-term care
insurance offered under this chapter which is not group long-
term care insurance.
``(7) Qualified carrier.--A carrier shall be considered to
be a `qualified carrier', with respect to a State, if it is
licensed to issue group or individual long-term care insurance
(as the case may be) under the laws of such State.
``(8) Qualified long-term care insurance contract.--The
term `qualified long-term care insurance contract' has the
meaning given such term by section 7702B of the Internal
Revenue Code of 1986.
``(9) State.--The term `State' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, the Trust Territory of the
Pacific Islands, the Virgin Islands, Guam, American Samoa, and
any other territory or possession of the United States.
``Sec. 9002. Availability of insurance
``(a) In General.--The Office of Personnel Management shall
establish and administer a program through which employees and
annuitants may obtain group or individual long-term care insurance for
themselves, a spouse, or, to the extent permitted under the terms of
the contract of insurance involved, any other eligible relative.
``(b) General Requirements.--Long-term care insurance may not be
offered under this chapter unless--
``(1) the only insurance protection provided is coverage
under qualified long-term care insurance contracts; and
``(2) the insurance contract under which such coverage is
provided is issued by a qualified carrier.
``(c) Requirement That Contract Be Fully Insured.--In addition to
the requirements otherwise applicable under section 9001(8), in order
to be considered a qualified long-term care insurance contract for
purposes of this chapter, a contract must be fully insured, whether
through reinsurance with other companies or otherwise.
``(d) Coverage Not Required for Individuals Who Would Be
Immediately Benefit Eligible.--Nothing in this chapter shall be
considered to require that long-term care insurance coverage be made
available in the case of any individual who would be immediately
benefit eligible.
``Sec. 9003. Participating carriers
``(a) Identification of Participating Carriers.--The Office of
Personnel Management shall, before the start of each year--
``(1) identify each carrier through whom any long-term care
insurance may be obtained under this chapter during such year;
and
``(2) prepare a list of the carriers identified under
paragraph (1), and a summary description of the insurance
obtainable under this chapter from each.
``(b) Application Requirements, Etc.--In order to carry out its
responsibilities under subsection (a), the Office shall annually
specify the timetable (including any application deadlines) and other
procedures that must be followed by carriers seeking to be allowed to
offer long-term care insurance under this chapter during the following
year.
``(c) Information To Permit Informed Decisionmaking.--The Office
shall in a timely manner before the start of each year--
``(1) publish in the Federal Register the list (and summary
description) prepared under subsection (a) for such year; and
``(2) make available to each individual eligible to obtain
long-term care insurance under this chapter such information,
in a form acceptable to the Office after consultation with the
carrier, as may be necessary to enable the individual to
exercise an informed choice among the various options available
under this chapter.
``(d) Policy or Benefit Certificate.--The Office shall arrange to
have the appropriate individual or individuals receive a copy of any
policy of insurance obtained under this chapter or, in the case of
group long-term care insurance, a certificate setting forth the
benefits to which an individual is entitled, to whom the benefits are
payable, and the procedures for obtaining benefits, and summarizing the
provisions of the policy principally affecting the individual or
individuals involved. Any such certificate shall be issued instead of
the certificate which the insurance company would otherwise be required
to issue.
``Sec. 9004. Administrative functions
``(a) In General.--Except as provided in section 9003, the sole
functions of the Office of Personnel Management under this chapter
shall be as follows:
``(1) Enrollment periods.--To provide reasonable
opportunity (consisting of not less than one continuous 30-day
period each year) for eligible employees and annuitants to
obtain long-term care insurance coverage under this chapter.
``(2) Withholdings.--To provide for a means by which the
cost of any long-term care insurance coverage obtained under
this chapter may be paid for through withholdings from the pay
or annuity of the employee or annuitant involved.
``(3) Contract authority relating to group long-term care
insurance.--To contract for a qualified long-term care
insurance contract (in the case of group long-term care
insurance) with each qualified carrier that offers such
insurance, so long as such carrier submits a timely application
under section 9003(b) and complies with such other procedural
rules as the Office may prescribe.
``(b) Limitations on Authority.--Nothing in this chapter shall be
considered to permit or require the Office--
``(1) to prevent from being offered under this chapter any
individual long-term care insurance under a qualified contract
therefor; or
``(2) to prescribe or negotiate over the benefits to be
offered, or any of the terms or conditions under which any such
benefits shall be offered, under this chapter.
``Sec. 9005. Coordination with State laws
``(a) In General.--The provisions of any contract under this
chapter for group long-term care insurance may include provisions to
supersede and preempt any provisions of State or local law described in
subsection (b), or any regulation issued thereunder.
``(b) Description.--This subsection applies with respect to any
provision of law which in effect carries out the same policy as section
5 of the long-term care insurance model Act, promulgated by the
National Association of Insurance Commissioners (as adopted as of
September 1997).
``Sec. 9006. Commercial items
``For purposes of the Office of Federal Procurement Policy Act, a
long-term care insurance contract under this chapter shall be
considered a commercial item, as defined by section 4(12) of such
Act.''.
(b) Conforming Amendment.--The analysis for part III of title 5,
United States Code, is amended by adding at the end of subpart G the
following:
``90. Long-Term Care Insurance............................. 9001''.
SEC. 3. EFFECTIVE DATE.
The Office of Personnel Management shall take such measures as may
be necessary to ensure that long-term care insurance coverage under
title 5, United States Code, as amended by this Act, may be obtained in
time to take effect beginning on the first day of the first applicable
pay period beginning on or after January 1, 2000. | Civil Service Long-Term Care Insurance Benefit Act - Directs the Office of Personnel Management (OPM) to establish and administer a program through which Federal employees and annuitants may obtain group or individual long-term care insurance for themselves, a spouse, or, to the extent permitted under the insurance contract terms, any other eligible relative.
Directs OPM to: (1) annually identify and list participating insurance carriers; (2) provide carrier application requirements; (3) publish in the Federal Register appropriate information concerning such carriers and the availability of such insurance to eligible individuals; (4) arrange to have covered individuals receive a copy of such insurance policy as well as a benefit certificate; and (5) undertake certain administrative functions with respect to employee or annuitant insurance enrollment and pay or annuity withholdings to cover the cost of such insurance. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Monitoring Clarification
Act''.
SEC. 2. CLARIFICATION RELATING TO CREDIT MONITORING SERVICES.
(a) In General.--Section 403 of the Credit Repair Organizations Act
(15 U.S.C. 1679a) is amended--
(1) by striking ``For purposes of this title'' and
inserting ``(a) In General.--For purposes of this title''; and
(2) by adding at the end the following new subsection:
``(b) Clarification With Respect to Certain Credit Monitoring
Services Under Certain Circumstances.--
``(1) In general.--Subject to paragraph (2), the following
shall not be considered activities described in clause (i) of
subsection (a)(3)(A):
``(A) The provision of, or provision of access to,
credit reports, credit monitoring notifications, credit
scores and scoring algorithms, and other credit score-
related tools to a consumer (including generation of
projections and forecasts of such consumer's potential
credit scores under various prospective trends or
hypothetical or alternative scenarios).
``(B) Any analysis, evaluation, and explanation of
such actual or hypothetical credit scores, or any
similar projections, forecasts, analyses, evaluations
or explanations.
``(C) In conjunction with offering any of the
services described in subparagraph (A) or (B), the
provision of materials or services to assist a consumer
who is a victim of identity theft.
``(2) Conditions for application of paragraph (1).--
Paragraph (1) shall apply with respect to any person engaging
in any activity described in such paragraph only if--
``(A) the person does not represent, expressly or
by implication, that such person--
``(i) will or can modify or remove, or
assist the consumer in modifying or removing,
adverse information that is accurate and not
obsolete in the consumer's credit report; or
``(ii) will or can alter, or assist the
consumer in altering, the consumer's
identification to prevent the display of the
consumer's credit record, history, or rating
for the purpose of concealing adverse
information that is accurate and not obsolete;
``(B) in any case in which the person represents,
expressly or by implication, that it will or can modify
or remove, or assist the consumer in modifying or
removing, any information in the consumer's credit
report, except for a representation with respect to any
requirement imposed on the person under section 611 or
623(b) of the Fair Credit Reporting Act, the person
discloses, clearly and conspicuously, before the
consumer pays or agrees to pay any money or other
valuable consideration to such person, whichever occurs
first, the following statement:
```NOTICE: Neither you nor anyone else has
the right to have accurate and current
information removed from your credit report. If
information in your report is inaccurate, you
have the right to dispute it by contacting the
credit bureau directly.''';
``(C) the person discloses, clearly and
conspicuously, to the consumer the following
statement--
``(i) in writing; and
``(ii) except as provided in subparagraph
(D), before the consumer pays or agrees to pay
any money or other valuable consideration to
such person, whichever occurs first:
```Your Rights Concerning Your Consumer Credit File
```You have a right to obtain a free copy of your
credit report once every 12 months from each of the
nationwide consumer reporting agencies. To request your
free annual credit report, you may go to
www.annualcreditreport.com, or call 877-322-8228, or
complete the Annual Credit Report Request Form and mail
it to: Annual Credit Report Request Service, P.O. Box
105281, Atlanta, GA 30348-5281. You can obtain
additional copies of your credit report from a credit
bureau, for which you may be charged a reasonable fee.
There is no fee, however, if you have been turned down
for credit, employment, insurance, or a rental dwelling
because of information in your credit report within the
preceding 60 days. The credit bureau must provide
someone to help you interpret the information in your
credit file. You are entitled to receive a free copy of
your credit report if you are unemployed and intend to
apply for employment in the next 60 days, if you are a
recipient of public welfare assistance, or if you have
reason to believe that there is inaccurate information
in your credit report due to fraud.
```You have the right to cancel your contract with
a credit monitoring service without fee or penalty at
any time, and if you have prepaid for more than one
month of a credit monitoring service, you will receive
a pro rata refund if you cancel.
```The Federal Trade Commission regulates credit
bureaus and credit monitoring services. For more
information contact:
```Federal Trade Commission
```Washington, D.C. 20580
```1-877-FTC-HELP
```www.ftc.gov.''';
``(D) in the case where a consumer pays or agrees
to pay for the service during a telephone call, an in-
person conversation or other oral communication, the
person discloses to the consumer the following
statements:
``(i) during the telephone call, in-person
conversation or other oral communication and
before the consumer pays or agrees to pay for
the service, whichever occurs first--
``(I) you have a right to obtain a
free copy of your credit report once
every 12 months from each of the
nationwide consumer reporting agencies;
``(II) if the contract is for a
credit monitoring service, the
following additional statement: `You
may cancel the credit monitoring
service without fee or penalty at any
time'; and
``(III) if the consumer is billed
for a credit monitoring service on
other than a monthly basis, the
following additional statement: `You
will receive a pro rata refund if you
cancel'; and
``(ii) within 30 days of the telephone
call, in-person conversation or other oral
communication, the written statement provided
for in subparagraph (C); and
``(E) in any case in which the person offers a
subscription to a credit monitoring program to a
consumer--
``(i) the consumer may cancel the credit
monitoring service at any time upon written
notice to the person without penalty or fee for
such cancellation; and
``(ii) in any case in which the consumer is
billed for the credit monitoring service on
other than a monthly basis, the person shall
make a pro rata refund to the consumer of any
fee prepaid by the consumer. The pro rata
refund shall be calculated from the date that
the person receives the consumer's notice of
cancellation until the end of the period. The
person shall issue the refund required under
this subparagraph to the consumer within 60
days of receipt of the consumer's notice of
cancellation.''.
(b) Clarification of Nonexempt Status.--Section 403(a) of the
Credit Repair Organizations Act (15 U.S.C. 1679a) (as so redesignated
by subsection (a) of this section) is amended, in paragraph (3)(B)(i),
by inserting ``and is not for its own profit or for that of its
members'' before the semicolon at the end.
(c) Revision of Disclosure Requirement.--Section 405(a) of the
Credit Repair Organizations Act (15 U.S.C. 1679c) is amended by
striking everything after the heading of the disclosure statement
contained in such section and inserting the following new text of the
disclosure statement:
``You have a right to dispute inaccurate information in your credit
report by contacting the credit bureau directly. However, neither you
nor any `credit repair' company or credit repair organization has the
right to have accurate, current, and verifiable information removed
from your credit report. The credit bureau must remove accurate,
negative information from your report only if it is over 7 years old.
Bankruptcy information can be reported for 10 years.
``You have a right to obtain a free copy of your credit report once
every 12 months from each of the nationwide consumer reporting
agencies. To request your free annual credit report, you may go to
www.annualcreditreport.com, or call 877-322-8228, or complete the
Annual Credit Report Request Form and mail it to: Annual Credit Report
Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can
obtain additional copies of your credit report from a credit bureau,
for which you may be charged a reasonable fee. There is no fee,
however, if you have been turned down for credit, employment,
insurance, or a rental dwelling because of information in your credit
report within the preceding 60 days. The credit bureau must provide
someone to help you interpret the information in your credit file. You
are entitled to receive a free copy of your credit report if you are
unemployed and intend to apply for employment in the next 60 days, if
you are a recipient of public welfare assistance, or if you have reason
to believe that there is inaccurate information in your credit report
due to fraud.
``You have a right to sue a credit repair organization that
violates the Credit Repair Organizations Act. This law prohibits
deceptive practices by credit repair organizations.
``You have the right to cancel your contract with any credit repair
organization for any reason within 3 business days from the date you
signed it.
``Credit bureaus are required to follow reasonable procedures to
ensure that the information they report is accurate. However, mistakes
may occur.
``You may, on your own, notify a credit bureau in writing that you
dispute the accuracy of information in your credit file. The credit
bureau must then reinvestigate and modify or remove inaccurate or
incomplete information. The credit bureau may not charge any fee for
this service. Any pertinent information and copies of all documents you
have concerning an error should be given to the credit bureau.
``If the credit bureau's reinvestigation does not resolve the
dispute to your satisfaction, you may send a brief statement to the
credit bureau, to be kept in your file, explaining why you think the
record is inaccurate. The credit bureau must include a summary of your
statement about disputed information with any report it issues about
you.
``The Federal Trade Commission regulates credit bureaus and credit
repair organizations. For more information contact:
``Federal Trade Commission
``Washington, D.C. 20580
``1-877-FTC-HELP
``(877-382-4357)
``www.ftc.gov.''.
(d) Effective Date.--Section 403(b)(2)(E) of the Credit Repair
Organizations Act shall take effect upon the enactment of this Act. The
requirements for written disclosures under sections 403(b)(2)(B),
403(b)(2)(C) and 403(b)(2)(D), as applicable, shall take effect 90 days
after enactment of this Act.
(e) Disclosure Updates.--The written disclosures required under
section 403(b)(2)(D) and section 405(a) of the Credit Repair
Organizations Act (15 U.S.C. 1679 et seq.) (as amended by this Act)
shall, if any changes are made to the centralized source contact
information for obtaining a free credit report, be updated by the
parties distributing the disclosures. | Credit Monitoring Clarification Act - Amends the Credit Repair Organizations Act to cite conditions under which provision to a consumer of credit reports, credit score analysis, and assistance in a case of identity theft shall not be considered as an activity to improve a consumer's credit status, which is subject to regulation under such Act.
Exempts from regulation under such Act any person (credit repair organization, or CRO) representing that it can modify or remove, or assist the consumer in modifying or removing, any information in the consumer's credit report if the CRO gives clear and conspicuous notice, before the consumer pays or agrees to pay it, that: (1) neither the consumer nor anyone else has the right to have accurate and current information removed from a credit report; and (2) the consumer has the right to dispute any inaccurate information by contacting the credit bureau directly. Requires a CRO, to qualify for this exemption from regulation, also to give the consumer, before payment or agreement to pay, a specified disclosure entitled "Your Rights Concerning Your Consumer Credit File." | billsum_train |
Condense the following text into a summary: SECTION 1. NONRECOGNITION OF GAIN ON QUALIFIED SALES OF
TELECOMMUNICATIONS BUSINESSES.
(a) In General.--Subchapter O of chapter 1 of the Internal Revenue
Code of 1986 (relating to gain or loss on disposition of property) is
amended by inserting after part IV the following new part:
``PART V--CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES
``Sec. 1071. Nonrecognition of gain on certain sales of
telecommunications businesses.
``SEC. 1071. NONRECOGNITION OF GAIN ON CERTAIN SALES OF
TELECOMMUNICATIONS BUSINESSES.
``(a) In General.--In the case of any qualified telecommunications
sale, at the election of the taxpayer, such sale shall be treated as an
involuntary conversion of property within the meaning of section 1033.
``(b) Limitation on Amount of Gain on Which Tax May Be Deferred.--
The amount of gain on any qualified telecommunications sale which is
not recognized by reason of this section shall not exceed $50,000,000.
``(c) Qualified Telecommunications Sale.--For purposes of this
section, the term `qualified telecommunications sale' means any sale to
a qualified business of--
``(1) the assets of a telecommunications business, or
``(2) stock in a corporation if, immediately after such
sale--
``(A) the qualified business controls (within the
meaning of section 368(c)) such corporation, and
``(B) substantially all of the assets of such
corporation are assets of 1 or more telecommunications
businesses.
``(d) Qualified Business.--For purposes of this section--
``(1) In general.--The term `qualified business' means--
``(A) in the case of a telecommunications sale
which includes the sale of any interest in a broadcast
station (as defined in section 3(5) of the
Communications Act of 1934), any person if--
``(i) such person owns, directly or
indirectly, a qualified interest in 10 or fewer
broadcast stations (as so defined), and
``(ii) the fair market value of the
aggregate interests of such person in broadcast
stations (as so defined) is equal to or greater
than 50 percent of the net assets of such
entity, and
``(B) in the case of any other telecommunications
sale--
``(i) any individual, and
``(ii) any partnership or corporation if--
``(I) the net assets of such entity
do not exceed $30,000,000, and
``(II) the average after-tax income
of such entity for the preceding 2
taxable years does not exceed
$10,000,000.
``(2) Qualified interest in broadcast stations.--An
interest in a broadcast station shall be treated as qualified
if such interest represents 50 percent or more of the total
assets of the station.
``(3) Each business limited to 3 purchases.--A person shall
not be a qualified business with respect to a qualified
telecommunications sale if such person (or any predecessor) was
the purchaser in more than 2 prior qualified telecommunications
sales for which an election under this section was made by the
seller.
``(4) Special rules for qualified business determination.--
For purposes of paragraph (1)--
``(A) Net assets.--The term `net assets' means the
excess of the aggregate gross assets (as defined in
section 1202(d)(2)) of the entity over the indebtedness
of such entity.
``(B) After-tax income.--The term `after-tax
income' means taxable income reduced by the net income
tax for the taxable year. For purposes of the preceding
sentence, the term `net income tax' means the tax
imposed by this chapter reduced by the sum of the
credits allowable under part IV of subchapter A of this
chapter. Rules similar to the rules of subparagraphs
(A), (B), and (D) of section 448(c)(3) shall apply in
determining average after-tax income.
``(5) Aggregation rules.--For purposes of this subsection,
all persons treated as a single employer under subsection (a)
or (b) of section 52 or subsection (m) or (o) of section 414
shall be treated as one person.
``(e) Telecommunications Business.--The term `telecommunications
business' means any business providing communication services by wire,
cable, radio, satellite, or other technology if the providing of such
services is governed by the Communications Act of 1934 or the
Telecommunications Act of 1996.
``(f) Special Rules.--
``(1) In general.--In applying section 1033 for purposes of
subsection (a) of this section, stock of a corporation
operating a telecommunications business, whether or not
representing control of such corporation, shall be treated as
property similar or related in service or use to the property
sold in the qualified telecommunications sale.
``(2) Election to reduce basis rather than recognize
remainder of gain.--If--
``(A) a taxpayer elects the treatment under
subsection (a) with respect to any qualified
telecommunications sale, and
``(B) an amount of gain would (but for this
paragraph) be recognized on such sale other than by
reason of subsection (b),
then the amount of such gain shall not be recognized to the
extent that the taxpayer elects to reduce the basis of
depreciable property (as defined in section 1017(b)(3)) held by
the taxpayer immediately after the sale or acquired in the same
taxable year. The manner and amount of such reduction shall be
determined under regulations prescribed by the Secretary.
``(3) Basis.--For basis of property acquired on a sale or
exchange treated as an involuntary conversion under subsection
(a), see section 1033(b).
``(g) Recapture of Tax Benefit if Telecommunications Business
Resold Within 5 Years, Etc.--
``(1) In general.--If, within 5 years after the date of any
qualified telecommunications sale, there is a recapture event
with respect to the property involved in such sale, then the
purchaser's tax imposed by this chapter for the taxable year in
which such event occurs shall be increased by 20 percent of the
lesser of the consideration furnished by the purchaser in such
sale or the dollar limitation of subsection (b).
``(2) Exception for reinvested amounts.--Paragraph (1)
shall not apply to any recapture event which is a sale if--
``(A) the sale is a qualified telecommunications
sale, or
``(B) during the 60-day period beginning on the
date of such sale, the taxpayer is the purchaser in
another qualified telecommunications sale in which the
consideration furnished by the taxpayer is not less
than the amount realized on the recapture event sale.
``(3) Recapture event.--For purposes of this subsection,
the term `recapture event' means, with respect to any qualified
telecommunications sale--
``(A) any sale or other disposition of the assets
or stock referred to in subsection (c) which were
acquired by the taxpayer in such sale, and
``(B) in the case of a qualified telecommunications
sale described in subsection (c)(2)--
``(i) any sale or other disposition of a
telecommunications business by the corporation
referred to in such subsection, or
``(ii) any other transaction which results
in the qualified business not having control
(as defined in subsection (c)(2)(A)) of such
corporation.
Such term shall not include any sale or other disposition
resulting from the default, or imminent default, of any
indebtedness of the taxpayer.''
(b) Clerical Amendment.--The table of parts for subchapter O of
chapter 1 of such Code is amended by inserting after the item relating
to part IV the following new item:
``Part V. Certain Sales of Telecommunications Businesses''.
(c) Effective Date.--The amendments made by this section shall
apply to sales in taxable years beginning after the date of the
enactment of this Act.
SEC. 2. LOAN GUARANTEE PROGRAM TO ENCOURAGE DIVERSITY OF OWNERSHIP OF
TELECOMMUNICATIONS BUSINESSES.
(a) In General.--The Administrator of the Small Business
Administration may guarantee any loan made to a qualified business for
the purchase of assets or stock described in section 1071(c) of the
Internal Revenue Code of 1986 (relating to qualified telecommunications
sale).
(b) Limitations.--
(1) Security.--The Administrator shall not guarantee any
loan under subsection (a) unless the guaranteed portion of such
loan is secured by a first lien position or first mortgage on
the stock or assets financed by the loan.
(2) Guarantee percentage.--The amount of any loan
guaranteed by the Administrator under subsection (a) shall not
exceed 95 percent of the balance of the financing outstanding
at the time of disbursement of the loan.
(3) Fees.--With respect to each loan guaranteed under
subsection (a) (other than a loan that is repayable in 1 year
or less), the Administrator may collect a guarantee fee, which
shall be payable by the participating lender, and may be
charged to the borrower.
(4) Forfeiture of fcc license.--The Administrator shall not
guarantee any loan under subsection (a) unless such loan
provides that any license issued by the Federal Communications
Commission to the borrower shall be returned and forfeited by
the borrower to the Federal Communications Commission
immediately upon a finding by the Administrator that such
borrower is in default under such loan.
(c) General Authority.--For purposes of carrying out this section,
the Administrator may--
(1) enter into contracts with private and Federal entities
for professional and other services;
(2) enter into memorandums of understanding with other
Federal agencies; and
(3) issue regulations, including regulations regarding--
(A) notice of and opportunity to cure a default;
(B) procedures related to foreclosure; and
(C) such other matters as the Administrator
considers appropriate.
(d) Definitions.--For purposes of this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Qualified business.--The term ``qualified business''
has the meaning given such term in section 1071(d) of the
Internal Revenue Code of 1986.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this section. | Amends the Internal Revenue Code to allow the nonrecognition of up to $50 million of gain (for capital gains tax purposes) from the sale of a telecommunications business to a qualified business. Defines "qualified business" to mean: (1) for a telecommunications sale including any interest in a broadcast station, any person that owns, directly or indirectly, a 50 percent or greater interest in ten or fewer broadcast stations; and (2) for any other telecommunications sale, any individual, partnership, or corporation with net assets not exceeding $30 million and average after-tax income for the two preceding taxable years of not more than $10 million. Restricts to three the number of telecommunications sales a qualified business may complete without forfeiting tax deferral.
Requires the recapture of deferred gain if a qualified business resells a telecommunications business within five years, unless the resale is to another qualified business or the sales proceeds are reinvested in another telecommunications business within 60 days of the resale.
Authorizes the Small Business Administration to guarantee loans made to a qualified business for the purchase of a telecommunications business. Requires security for such loans, including forfeiture of any Federal Communications Commission license of a borrower who defaults on a loan. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Small Business Regulatory
Assistance Act of 2003''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a program to--
(1) provide confidential assistance to small business
concerns;
(2) provide small business concerns with the information
necessary to improve their rate of compliance with Federal and
State regulations;
(3) create a partnership among Federal agencies to increase
outreach efforts to small business concerns with respect to
regulatory compliance;
(4) provide a mechanism for unbiased feedback to Federal
agencies on the regulatory environment for small business
concerns; and
(5) utilize the service delivery network of Small Business
Development Centers to improve access of small business
concerns to programs to assist them with regulatory compliance.
SEC. 3. DEFINITIONS.
In this Act, the definitions set forth in section 36(a) of the
Small Business Act (as added by section 4 of this Act) shall apply.
SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM.
The Small Business Act (15 U.S.C. 637 et seq.) is amended--
(1) by redesignating section 36 as section 37; and
(2) by inserting after section 35 the following new
section:
``SEC. 36. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Small Business Administration, acting
through the Associate Administrator for Small Business
Development Centers.
``(2) Association.--The term `Association' means the
association recognized by the Administrator of the Small
Business Administration under section 21(a)(3)(A).
``(3) Participating small business development center.--The
term `participating Small Business Development Center' means a
Small Business Development Center participating in the program.
``(4) Program.--The term `program' means the regulatory
assistance program established under this section.
``(5) Regulatory compliance assistance.--The term
`regulatory compliance assistance' means assistance provided by
a Small Business Development Center to a small business concern
to enable the concern to comply with Federal regulatory
requirements.
``(6) Small business development center.--The term `Small
Business Development Center' means a Small Business Development
Center described in section 21.
``(7) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and Guam.
``(b) Authority.--In accordance with this section, the
Administrator shall establish a program to provide regulatory
compliance assistance to small business concerns through participating
Small Business Development Centers, the Association, and Federal
compliance partnership programs.
``(c) Small Business Development Centers.--
``(1) In general.--In carrying out the program, the
Administrator shall enter into arrangements with participating
Small Business Development Centers under which such centers
will provide--
``(A) access to information and resources,
including current Federal and State nonpunitive
compliance and technical assistance programs similar to
those established under section 507 of the Clean Air
Act Amendments of 1990;
``(B) training and educational activities;
``(C) confidential, free-of-charge, one-on-one, in-
depth counseling to the owners and operators of small
business concerns regarding compliance with Federal and
State regulations, provided that such counseling is not
considered to be the practice of law in a State in
which a Small Business Development Center is located or
in which such counseling is conducted;
``(D) technical assistance; and
``(E) referrals to experts and other providers of
compliance assistance who meet such standards for
educational, technical, and professional competency as
are established by the Administrator.
``(2) Reports.--
``(A) In general.--Each participating Small
Business Development Center shall transmit to the
Administrator a quarterly report that includes--
``(i) a summary of the regulatory
compliance assistance provided by the center
under the program; and
``(ii) any data and information obtained by
the center from a Federal agency regarding
regulatory compliance that the agency intends
to be disseminated to small business concerns.
``(B) Electronic form.--Each report referred to in
subparagraph (A) shall be transmitted in electronic
form.
``(C) Interim reports.--A participating Small
Business Development Center may transmit to the
Administrator such interim reports as the center
considers appropriate.
``(D) Limitation on disclosure requirements.--The
Administrator may not require a Small Business
Development Center to disclose the name or address of
any small business concern that received or is
receiving assistance under the program, except that the
Administrator shall require such a disclosure if
ordered to do so by a court in any civil or criminal
action.
``(d) Data Repository and Clearinghouse.--
``(1) In general.--In carrying out the program, the
Administrator shall--
``(A) act as the repository of and clearinghouse
for data and information submitted by Small Business
Development Centers; and
``(B) transmit to the President, the Committee on
Small Business and Entrepreneurship of the Senate, and
the Committee on Small Business of the House of
Representatives an annual report that includes--
``(i) a description of the types of
assistance provided by participating Small
Business Development Centers under the program;
``(ii) data regarding the number of small
business concerns that contacted participating
Small Business Development Centers regarding
assistance under the program;
``(iii) data regarding the number of small
business concerns assisted by participating
Small Business Development Centers under the
program;
``(iv) data and information regarding
outreach activities conducted by participating
Small Business Development Centers under the
program, including any activities conducted in
partnership with Federal agencies;
``(v) data and information regarding each
case known to the Administrator in which one or
more Small Business Development Centers offered
conflicting advice or information regarding
compliance with a Federal or State regulation
to one or more small business concerns;
``(vi) any recommendations for improvements
in the regulation of small business concerns;
and
``(vii) a list of regulations identified by
the Administrator, after consultation with the
Small Business and Agriculture Regulatory
Enforcement Ombudsman, as being most burdensome
to small business concerns, and recommendations
to reduce or eliminate the burdens of such
regulations.
``(e) Eligibility.--
``(1) In general.--A Small Business Development Center
shall be eligible to receive assistance under the program only
if the center is certified under section 21(k)(2).
``(2) Waiver.-- With respect to a Small Business
Development Center seeking assistance under the program, the
administrator may waive the certification requirement set forth
in paragraph (1) if the Administrator determines that the
center is making a good faith effort to obtain such
certification.
``(3) Effective date.--The restriction described in
paragraph (1) shall not apply to any Small Business Development
Center before October 1, 2003.
``(f) Selection of Participating State Programs.--
``(1) Establishment of program.--In consultation with the
Association and giving substantial weight to the Association's
recommendations, the Administrator shall select the Small
Business Development Center programs of 2 States from each of
the following groups of States to participate in the program:
``(A) Group 1: Maine, Massachusetts, New Hampshire,
Connecticut, Vermont, and Rhode Island.
``(B) Group 2: New York, New Jersey, Puerto Rico,
and the Virgin Islands.
``(C) Group 3: Pennsylvania, Maryland, West
Virginia, Virginia, the District of Columbia, and
Delaware.
``(D) Group 4: Georgia, Alabama, North Carolina,
South Carolina, Mississippi, Florida, Kentucky, and
Tennessee.
``(E) Group 5: Illinois, Ohio, Michigan, Indiana,
Wisconsin, and Minnesota.
``(F) Group 6: Texas, New Mexico, Arkansas,
Oklahoma, and Louisiana.
``(G) Group 7: Missouri, Iowa, Nebraska, and
Kansas.
``(H) Group 8: Colorado, Wyoming, North Dakota,
South Dakota, Montana, and Utah.
``(I) Group 9: California, Guam, Hawaii, Nevada,
and Arizona.
``(J) Group 10: Washington, Alaska, Idaho, and
Oregon.
``(2) Deadline for initial selections.--The Administrator
shall make selections under paragraph (1) not later than 60
days after promulgation of regulations under section 5 of the
National Small Business Regulatory Assistance Act of 2003.
``(3) Additional selections.--Not earlier than the date 3
years after the date of the enactment of this paragraph, the
Administrator may select Small Business Development Center
programs of States in addition to those selected under
paragraph (1). The Administrator shall consider the effect on
the programs selected under paragraph (1) before selecting
additional programs under this paragraph.
``(4) Coordination to avoid duplication with other
programs.--In selecting programs under this subsection, the
Administrator shall give a preference to Small Business
Development Center programs that have a plan for consulting
with Federal and State agencies to ensure that any assistance
provided under this section is not duplicated by an existing
Federal or State program.
``(g) Matching not Required.--Subparagraphs (A) and (B) of section
21(a)(4) shall not apply to assistance made available under the
program.
``(h) Distribution of Grants.--
``(1) In general.--Except as provided in paragraph (2),
each State program selected to receive a grant under subsection
(f) in a fiscal year shall be eligible to receive a grant in an
amount not to exceed the product obtained by multiplying--
``(A) the amount made available for grants under
this section for the fiscal year; and
``(B) the ratio that--
``(i) the population of the State; bears to
``(ii) the population of all the States
with programs selected to receive grants under
subsection (f) for the fiscal year.
``(2) Minimum amount.--The minimum amount that a State
program selected to receive a grant under subsection (f) shall
be eligible to receive under this section for any fiscal year
shall be $200,000. The Administrator shall reduce the amount
described in paragraph (1) as appropriate to carry out the
purposes of this paragraph and subsection (j)(2).
``(i) Evaluation and Report.--Not later than 3 years after the
establishment of the program, the Comptroller General of the United
States shall conduct an evaluation of the program and shall transmit to
the Administrator, the Committee on Small Business and Entrepreneurship
of the Senate, and the Committee on Small Business of the House of
Representatives a report containing the results of the evaluation along
with any recommendations as to whether the program, with or without
modification, should be extended to include the participation of all
Small Business Development Centers.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 2003 and
each fiscal year thereafter.
``(2) Limitation on use of other funds.--The Administrator
may carry out the program only with amounts appropriated in
advance specifically to carry out this section.''.
SEC. 5. PROMULGATION OF REGULATIONS.
After providing notice and an opportunity for comment and after
consulting with the Association (but not later than 180 days after the
date of the enactment of this Act), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
(1) priorities for the types of assistance to be provided
under the program;
(2) standards relating to educational, technical, and
support services to be provided by participating Small Business
Development Centers;
(3) standards relating to any national service delivery and
support function to be provided by the Association under the
program;
(4) standards relating to any work plan that the
Administrator may require a participating Small Business
Development Center to develop; and
(5) standards relating to the educational, technical, and
professional competency of any expert or other assistance
provider to whom a small business concern may be referred for
compliance assistance under the program.
SEC. 6. PRIVACY REQUIREMENTS APPLICABLE TO SMALL BUSINESS DEVELOPMENT
CENTERS.
Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is
amended by adding at the end the following:
``(9) Privacy requirements.--
``(A) In general.--No Small Business Development
Center, consortium of Small Business Development
Centers, or contractor or agent of a Small Business
Development Center shall disclose the name or address
of any individual or small business concern receiving
assistance under this section without the consent of
such individual or small business concern, except
that--
``(i) the Administrator shall require such
disclosure if ordered to do so by a court in
any civil or criminal action; and
``(ii) if the Administrator considers it
necessary while undertaking a financial audit
of a Small Business Development Center, the
Administrator shall require such disclosure for
the sole purpose of undertaking such audit.
``(B) Regulations.-- The Administrator shall issue
regulations to establish standards for requiring
disclosures during a financial audit under subparagraph
(a)(ii).''.
Passed the House of Representatives April 8, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | (This measure has not been amended since it was introduced in the House on January 7, 2003. However, because action occurred on the measure, the summary has been expanded.)National Small Business Regulatory Assistance Act of 2003 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), acting through the Associate Administrator for Small Business Development Centers, to establish a program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal and State regulations; (4) technical assistance; and (5) referrals to experts and other providers of compliance assistance. Requires quarterly reports to the SBA from participating Centers.Directs the Administrator to act as the repository of and clearinghouse for data and information submitted by Centers and to transmit annual program reports to the President and the congressional small business committees.Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Centers programs of two States from each of ten groups of States for participation in the program. Authorizes the Administrator to make additional selections after three years. Directs the Administrator to give selection preference to programs that have a plan for consulting with Federal and State agencies to ensure that assistance provided under this Act is not duplicated by any other Federal or State program. Sets forth the formula for determining program grant amounts.Requires the Comptroller General to evaluate the program and transmit evaluation results to the Administrator and the small business committees.Authorizes appropriations.Provides privacy requirements applicable to such Centers. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Synthetic Drug Prevention,
Treatment, and Education Act''.
SEC. 2. SYNTHETIC RECREATIONAL DRUGS.
Title III of the Public Health Service Act is amended by inserting
after section 317T of such Act (42 U.S.C. 247b-22) the following:
``SEC. 317U. SYNTHETIC RECREATIONAL DRUGS.
``(a) Study.--Not later than 1 year after the date of enactment of
the Synthetic Drug Prevention, Treatment, and Education Act, the
Director of the Centers for Disease Control and Prevention (in this
section referred to as the `Director') shall--
``(1) complete a study on strategies for preventing and
treating the use of synthetic recreational drugs (as identified
pursuant to subsection (b)(3)), including best rehabilitation
practices; and
``(2) submit a report to the Congress on the results of
such study.
``(b) Database.--
``(1) In general.--The Secretary, in coordination with the
Administrator of the Drug Enforcement Administration, shall
establish and maintain a database of synthetic recreational
drugs.
``(2) Availability.--The Secretary shall make the
information in the database under paragraph (1) publicly
available for use in preventing and treating the use of
synthetic recreational drugs.
``(3) Identification of synthetic recreational drugs.--
Beginning not later than 90 days after the date of the
enactment of the Synthetic Drug Prevention, Treatment, and
Education Act, for purposes of this section, the Secretary
shall specify (and update as necessary) a list of substances,
each of which shall satisfy the following criteria:
``(A) The substance is an analogue of a controlled
substance (as defined in section 102 of the Controlled
Substances Act).
``(B) The substance is not marketed as a drug (as
defined in section 201 of the Federal Food, Drug, and
Cosmetic Act).
``(C) The substance is determined by the Secretary
to be marketed for recreational human use, irrespective
of claims to the contrary in the labeling and promotion
of the substance.
Each substance identified on the most recent list specified by
the Secretary pursuant to this paragraph is referred to in this
section as a `synthetic recreational drug'.
``(c) Cannabimimetic Agents.--
``(1) Outreach campaign.--Not later than 1 year after the
date of enactment of the Synthetic Drug Prevention, Treatment,
and Education Act, the Director, in collaboration with the
Assistant Secretary for Mental Health and Substance Use, the
Director of the National Institute on Drug Abuse, the Director
of the National Institutes of Health, and the Administrator of
the Drug Enforcement Administration, shall develop and
implement a national outreach campaign to educate law
enforcement personnel, State and local agencies, health care
professionals, community health organizations, parents, youth,
and other community members about preventing and treating the
use of cannabimimetic agents.
``(2) Grants.--
``(A) In general.--The Director may make grants to
Federally-qualified health centers for programs to
increase public awareness about, and prevent and treat,
the use of cannabimimetic agents.
``(B) Partnership.--A Federally-qualified health
center receiving a grant under subparagraph (A) for a
program, may, to the extent such program is with
respect to increasing awareness about, or preventing,
the use of cannabimimetic agents, partner with a
recipient of grant under section 1032 of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1532) to
carry out such elements of the program.
``(C) Maximum amount.--The maximum amount of a
grant under this section shall be $250,000.
``(D) Authorization of appropriations.--To carry
out this paragraph, there is authorized to be
appropriated $5,000,000 for the period of fiscal years
2018 through 2020.
``(d) Definitions.--In this section:
``(1) The term `cannabimimetic agent' has the meaning given
to that term in section 202(d)(2) of the Controlled Substances
Act.
``(2) The term `Federally-qualified health center' has the
meaning given to such term in section 1861(aa) of the Social
Security Act.''. | Synthetic Drug Prevention, Treatment, and Education Act This bill amends the Public Health Service Act to require the Centers for Disease Control and Prevention (CDC) to study strategies for preventing and treating the use of synthetic recreational drugs, which are substances marketed for recreational use (regardless of claims to the contrary) that are analogous to a controlled substance and are not medications. The Department of Health and Human Services must coordinate with the Drug Enforcement Administration (DEA) to establish and maintain a database of synthetic recreational drugs. The database must be publicly available for use in preventing and treating the use of synthetic recreational drugs. The CDC, in collaboration with the Substance Abuse and Mental Health Services Administration, the National Institute on Drug Abuse, the National Institutes of Health, and the DEA, must develop and implement a national outreach campaign to educate law enforcement personnel, health care professionals, community members, and others about preventing and treating the use of substances similar to marijuana (cannabimimetic agents). The CDC may award grants to federally qualified health centers for public awareness programs regarding substances similar to marijuana. To carry out a public awareness program, grant recipients may partner with recipients of Drug-Free Communities Support Program grants. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water and Public Health
Enhancement Amendments of 1993''.
SEC. 2. STATE REVOLVING FUNDS FOR SAFE DRINKING WATER
Section 1443 of title XIV of the Public Health Service Act (the
Safe Drinking Water Act) is amended by redesignating subsection (c) as
(d) and by adding the following new subsection after subsection (b):
``(c) State Revolving Funds.--
``(1) General authority.--
``(A) Grants to states to establish revolving
funds.--The Administrator shall enter into agreements
with States having primary enforcement responsibility
for public water systems to make capitalization grants,
including letters of credit, to the States under this
subsection to further the health protection objectives
of this Act. The grants shall be allotted to the States
in accordance with this section and deposited in
drinking water treatment revolving funds established by
the State.
``(B) Use of funds.--Amounts deposited in such
revolving funds, including loan repayments and interest
earned on such amounts, shall be used only for
providing loans or other financial assistance of any
kind or nature that the State deems appropriate to
public water systems. Such financial assistance may be
used by a public water system only for expenditures
(not including monitoring, operation, and maintenance
expenditures) of a type or category which the
Administrator has determined, through guidance, will
facilitate compliance with national primary drinking
water regulations applicable to such system under
section 1411 or otherwise significantly further the
health protection objectives of this title. 15 percent
of the amount credited to any revolving fund
established under this section in any fiscal year shall
be available solely for providing loan assistance to
public water systems which regularly serve less than
10,000 individuals.
``(C) Fund management.--Each State revolving fund
under this subsection shall be established, maintained,
and credited with repayments and interest. The fund
corpus shall be available in perpetuity for providing
financial assistance under this section. To the extent
amounts in each such fund are not required for current
obligation or expenditure such amounts shall be
invested in interest bearing obligations of the State
or of the United States. The Administrator and the
States shall take such steps as may be necessary to
insure that amounts made available under this
subsection are deposited in State revolving funds and
earning interest as promptly as practicable after the
commencement of the fiscal year in which such funds are
made available.
``(D) Grants from revolving funds.--A State may not
provide assistance in the form of grants from a State
revolving fund established under this subsection in an
aggregate amount which exceeds the sum of the interest
collected on deposits in such State revolving fund plus
amounts deposited in such fund by the State pursuant to
paragraph (3). Such grants may only be made to public
water systems owned by a governmental or inter-
governmental agency, a non-profit organization, an
Indian tribe, or any combination thereof which the
State finds to be experiencing financial hardship.
``(E) Investor-owned public water systems.--In the
case of any public water system not owned by a
governmental or inter-governmental agency, a non-profit
organization, an Indian tribe, or any combination
thereof, the State may provide assistance from a State
revolving fund under this subsection only to those
systems having the greatest public health needs and
financial need. The State may provide loan assistance
to any such system from such a State revolving fund
only after making a determination that the system has
the ability to repay the loan according to its terms
and conditions. States are authorized to require such
systems to identify a dedicated source for repayment of
the loans and to impose such other requirements as may
be necessary to assure loan repayment.
``(2) Specific requirements.--The Administrator shall enter
into an agreement with a State under this subsection only after
the State has established to the satisfaction of the
Administrator that--
``(A) the State will deposit all grants received
from the Administrator under this subsection, together
with all repayments and interest on such grants, in a
drinking water treatment revolving fund established by
the State in accordance with this subsection; and
``(B) no loan or other financial assistance will be
provided to a public water system from such revolving
fund to be used for any expenditure that could be
avoided or significantly reduced by appropriate
consolidation of that public water system with any
other public water system, except that in such cases
such assistance may be provided from the revolving fund
for such consolidation.
The Administrator, in consultation with the States and public
water systems, shall establish criteria to be applied in
determining when the consolidation of public water systems is
appropriate.
``(3) State contribution.--In the case of grants made after
fiscal year 1994, each agreement under this subsection shall
require that the State deposit in the fund from State moneys an
amount equal to at least 20 percent of the total amount of the
grant to be made to the State on or before the date on which
the grant payment is made to the State.
``(4) Combined financial administration.--Notwithstanding
subparagraph (A) of paragraph (2), a State may combine the
financial administration of a revolving fund established under
this subsection with the financial administration of any other
revolving fund established by the State if the Administrator
determines that--
``(A) the grants under this subsection, together
with loan repayments and interest, will be separately
accounted for and used solely for the purposes
specified in paragraph (1); and
``(B) the authority to establish assistance
priorities and carry out oversight and related
activities (other than financial administration) with
respect to such assistance remains with the State
agency having primary responsibility for administration
of the State program under this part.
``(5) Fund administration.--(A) Each State may use up to 4
percent of the grants in a revolving fund established under
this subsection to cover the reasonable costs of administration
of the assistance program under this subsection and of
providing technical assistance to public water systems within
the State. For fiscal year 1994, each State may use up to 2
percent of the grants in any such revolving fund for public
water system supervision if the State matches such expenditures
with at least an equal amount of non-Federal funds (additional
to the amount expended by the State for public water
supervision in fiscal year 1993). An additional 1 percent of
the grants in such fund shall be used by each State to provide
technical assistance to public water systems in such State.
``(B) The Administrator shall publish such guidance and
promulgate such regulations as may be necessary to carry out
the provisions of this section, including--
``(i) provisions to ensure that each State commits
and expends funds from revolving funds established
under this subsection in accordance with this Act and
applicable Federal and State laws,
``(ii) guidance to prevent waste, fraud, and abuse,
and
``(iii) guidance to avoid the use of funds made
available under this subsection to finance the
expansion of any public water system in anticipation of
future population growth.
Such guidance and regulations shall also insure that the
States, and public water systems receiving assistance under
this subsection, use accounting, audit, and fiscal procedures
that conform to generally accepted accounting standards.
``(C) Each State administering a revolving fund and
assistance program under this subsection shall publish and
submit to the Administrator a report every 2 years on its
activities under this subsection, including the findings of the
most recent audit of the fund. The Administrator shall
periodically audit all revolving funds established under this
subsection in accordance with procedures established by the
Comptroller General.
``(6) Needs survey.--The Administrator shall conduct an
assessment of financial needs of all public water systems in
the United States and submit a report to the Congress
containing the results of such assessment within 2 years after
the date of the enactment of this subsection.
``(7) Indian tribes.--One and \1/2\ percent of the amounts
appropriated to carry out this subsection may be used by the
Administrator to make grants to Indian Tribes and Alaskan
Native Villages which are not eligible to receive either
capitalization grants from the Administrator under this
subsection or assistance from State revolving funds established
under this subsection. Such grants shall be used for
expenditures by such tribes and villages for public water
system expenditures referred to in paragraph (1)(B).
``(8) Authorization of appropriations.--There is authorized
to be appropriated to carry out the purposes of this subsection
$599,000,000 for the fiscal year 1994 and $1,000,000,000 for
each of the fiscal years 1995, 1996, and 1997, and such sums as
may be necessary thereafter.''. | Drinking Water and Public Health Enhancement Amendments of 1993 - Amends the Safe Drinking Water Act to direct the Administrator of the Environmental Protection Agency to enter into agreements with States having primary enforcement responsibility for public water systems to make capitalization grants to be deposited in drinking water treatment revolving funds.
Permits such funds to be used only for providing financial assistance to public water systems for expenditures that will facilitate compliance with national primary drinking water regulations. Allocates 15 percent of amounts in such funds solely for assistance to systems which regularly serve fewer than 10,000 individuals.
Permits assistance to systems not owned by governmental agencies, nonprofit organizations, or Indian tribes based on public health and financial needs and repayment ability.
Sets forth requirements for agreements, including that no financial assistance will be provided to a public water system if expenses could be avoided or significantly reduced by consolidation of such system with another system.
Sets forth provisions concerning State contributions to grants and fund administration.
Directs the Administrator to conduct and report to the Congress on a financial needs assessment of all public water systems.
Authorizes the Administrator to make grants to Indian tribes and Alaskan Native villages which are ineligible for funding under this Act for public water system expenditures.
Authorizes appropriations. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``LGBT Elder Americans Act of 2012''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended--
(1) in paragraph (24)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) status as an LGBT individual.'';
(2) by redesignating--
(A) paragraphs (36) through (54) as paragraphs (38)
through (56), respectively; and
(B) paragraphs (34) and (35) as paragraphs (35) and
(36), respectively;
(3) by inserting after paragraph (33) the following:
``(34) The term `LGBT', used with respect to an individual,
means a lesbian, gay, bisexual, or transgender individual.'';
and
(4) by inserting after paragraph (36), as so redesignated,
the following:
``(37) The term `minority', used with respect to an
individual, includes a lesbian, gay, bisexual, or transgender
individual.''.
(b) Conforming Amendment.--Section 215(e)(1)(J) of the Older
Americans Act of 1965 (42 U.S.C. 3020e-1(e)(1)(J)) is amended by
striking ``minorities'' and inserting ``minority individuals''.
SEC. 3. ADMINISTRATION ON AGING.
(a) Establishment of Administration.--Section 201 of the Older
Americans Act of 1965 (42 U.S.C. 3011) is amended--
(1) in subsection (d)(3)(J), by inserting before the
semicolon the following: ``, including the effectiveness of
such services in meeting the needs of LGBT older individuals'';
and
(2) by adding at the end the following:
``(g) The Assistant Secretary is authorized to designate within the
Administration a person to have responsibility for addressing issues
affecting LGBT older individuals.''.
(b) Functions of Assistant Secretary.--Section 202 of the Older
Americans Act of 1965 (42 U.S.C. 3012) is amended--
(1) in subsection (a)--
(A) in paragraph (16)(A)(ii), by inserting ``, and
separately specifying the number of such individuals
who are LGBT individuals'' before the semicolon;
(B) in paragraph (27)(C), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (28), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(29) conduct studies and collect data to determine the
services that are needed by LGBT older individuals.''; and
(2) by adding at the end the following:
``(g)(1) The Assistant Secretary shall, directly or by grant or
contract, establish and operate the National Resource Center on
Lesbian, Gay, Bisexual, and Transgender Aging (in this subsection
referred to as the `Center').
``(2) To address the unique challenges faced by LGBT older adults,
the Center shall provide national, State, and local organizations,
including those with a primary mission of serving LGBT individuals, and
those with a primary mission of serving older adults, with the
information and technical assistance the organizations need to
effectively serve LGBT older adults.
``(3) The Center shall have 3 primary objectives, consisting of--
``(A) educating aging services organizations about the
existence and special needs of LGBT older adults;
``(B) sensitizing LGBT organizations about the existence
and special needs of older adults; and
``(C) providing educational resources to LGBT older adults
and their caregivers.
``(4)(A) To be eligible to receive funds under this subsection, an
entity--
``(i) shall have demonstrated expertise in working with
organizations or individuals on issues affecting LGBT
individuals;
``(ii) shall have documented experience in providing
training and technical assistance on a national basis or a
formal relationship with an organization that has that
experience; and
``(iii) shall meet such other criteria as the Assistant
Secretary shall issue.
``(B) To be eligible to receive funds under this subsection, an
entity shall submit an application to the Assistant Secretary at such
time, in such manner, and containing such information as the Assistant
Secretary may require.
``(5) The Assistant Secretary shall make available to the Center on
an annual basis such resources as are necessary for the Center to carry
out effectively the functions of the Center under this Act and not less
than the amount of resources made available to the National Resource
Center on Lesbian, Gay, Bisexual, and Transgender Aging for fiscal year
2012.
``(6) The Assistant Secretary shall develop and issue operating
standards and reporting requirements for the Center.''.
(c) Reports.--Section 207 of the Older Americans Act of 1965 (42
U.S.C. 3018) is amended--
(1) in subsection (a)(3), by inserting ``LGBT
individuals,'' after ``low-income individuals,'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, and
separately specify the number of such individuals who
are LGBT individuals'' before the semicolon;
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) the effectiveness of such activities in assisting
LGBT individuals;''; and
(3) by adding at the end the following:
``(d) The Assistant Secretary shall ensure that--
``(1) no individual will be required to provide information
regarding the sexual orientation or gender identity of the
individual as a condition of participating in activities or
receiving services under this Act; and
``(2) no agency or other entity providing activities or
services under this Act, that receives, for the purposes of
this Act, information regarding the sexual orientation or
gender identity of an individual will disclose the information
in any form that would permit such individual to be identified.
``(e) The Assistant Secretary shall develop appropriate protocols,
demonstrations, tools, or guidance for use by State agencies and area
agencies on aging, to ensure successful implementation of data
collection requirements under section 201(d)(3)(J), paragraphs
(16)(A)(ii) and (29) of section 202(a), subsections (a)(3), (c)(1), and
(c)(4), and section 307(a)(6), relating to LGBT individuals.
``(f) The Assistant Secretary shall determine when such data
collection requirements shall apply, taking into consideration the
complexity and importance of each requirement, but each requirement
shall apply not later than 1 year after the date of enactment of the
LGBT Elder Americans Act of 2012.''.
SEC. 4. GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING.
Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C.
3021(a)(2)) is amended--
(1) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) organizations that serve LGBT individuals;
and''.
SEC. 5. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY.
Section 411(a)(11) of the Older Americans Act of 1965 (42 U.S.C.
3032(a)(11)) is amended to read as follows:
``(11) conducting activities of national significance to
promote quality and continuous improvement in the support and
services provided to individuals with greatest social need,
through activities that include needs assessment, program
development and evaluation, training, technical assistance, and
research, concerning--
``(A) addressing physical and mental health,
disabilities, and health disparities;
``(B) providing long-term care, including in-home
and community-based care;
``(C) providing informal care, and formal care in a
facility setting;
``(D) providing access to culturally responsive
health and human services; and
``(E) addressing other gaps in assistance and
issues that the Assistant Secretary determines are of
particular importance to older individuals with
greatest social need.''.
SEC. 6. DATA ON DISCRIMINATION.
Section 712(a)(3) of the Older Americans Act of 1965 (42 U.S.C.
3058g(a)(3)) is amended--
(1) by redesignating subparagraphs (F) through (I) as
subparagraphs (G) through (J); and
(2) by inserting after subparagraph (E) the following:
``(F) collect and analyze data, relating to
discrimination against LGBT older individuals on the
basis of actual or perceived sexual orientation or
gender identity in the admission to, transfer or
discharge from, or lack of adequate care provided in
long term care settings, and shall include the analyses
in the reports;''. | LGBT Elder Americans Act of 2012 - Amends the Older Americans Act of 1965 to include LGBT individuals (lesbian, gay, bisexual, and transgendered individuals) within the purview of such Act, particularly their status as LGBT individuals among those with the greatest social need.
Authorizes the Assistant Secretary of Aging to: (1) designate within the Administration on Aging a person with responsibility for addressing issues affecting LGBT older individuals; (2) conduct studies and collect data to determine the services needed by LGBT older individuals; and (3) establish and operate the National Resource Center on Lesbian, Gay, Bisexual, and Transgendered Aging.
Revises the list of activities of national significance for families and other caregiverrs, for which the Assistant Secretary's grants may be used, to specify those provided to individuals with greatest social need which: (1) address physical and mental health, disabilities, and health disparities; (2) provide long-term care, including in-home and community-based care; (3) provide informal care and formal care in a facility setting; (4) provide access to culturally responsive health and human services; and (5) address other gaps in assistance and issues of particular importance to older individuals with the greatest social need.
Requires a State Long-Term Care Ombudsman to collect and analyze discrimination data with respect to LGBT older individuals in the admission to, transfer or discharge from, or lack of adequate care provided in long-term care settings. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned and Medically Fragile
Infants Assistance Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) throughout the Nation, the number of infants and young
children who have been exposed to drugs taken by their mothers
during pregnancy has increased dramatically;
(2) the inability of parents who abuse drugs to provide
adequate care for such infants and young children and a lack of
suitable shelter homes for such infants and young children have
led to the abandonment of such infants and young children in
hospitals for extended periods;
(3) an unacceptable number of these infants and young
children will be medically cleared for discharge, yet remain in
hospitals as boarder babies;
(4) hospital-based child care for these infants and young
children is extremely costly and deprives them of an adequate
nurturing environment;
(5) training is inadequate for foster care personnel
working with medically fragile infants and young children and
infants and young children exposed to drugs;
(6) a particularly devastating development is the increase
in the number of infants and young children who are infected
with the human immunodeficiency virus (which is believed to
cause acquired immune deficiency syndrome and which is commonly
known as HIV) or who have been perinatally exposed to the virus
or to a dangerous drug;
(7) many such infants and young children have at least one
parent who is an intravenous drug abuser;
(8) such infants and young children are particularly
difficult to place in foster homes, and are being abandoned in
hospitals in increasing numbers by mothers dying of acquired
immune deficiency syndrome, or by parents incapable of
providing adequate care;
(9) there is a need for comprehensive services for such
infants and young children, including foster family care
services, case management services, family support services,
respite and crisis intervention services, counseling services,
and group residential home services;
(10) there is a need to support the families of such
infants and young children through the provision of services
that will prevent the abandonment of the infants and children;
and
(11) there is a need for the development of funding
strategies that coordinate and make the optimal use of all
private resources, and Federal, State, and local resources, to
establish and maintain such services.
SEC. 3. GRANTS FOR PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG
CHILDREN IN HOSPITALS.
(a) In General.--The Secretary of Health and Human Services may
make grants to public and nonprofit private entities for the purpose of
developing, implementing, and operating projects--
(1) to prevent the abandonment of infants and young
children, including the provision of services to members of the
natural family for any condition that increases the probability
of abandonment of an infant or young child;
(2) to identify and address the needs of abandoned infants
and young children;
(3) to assist abandoned infants and young children to
reside with their natural families or in foster care, as
appropriate;
(4) to recruit, train, and retain foster families for
abandoned infants and young children;
(5) to carry out residential care programs for abandoned
infants and young children who are unable to reside with their
families or to be placed in foster care;
(6) to carry out programs of respite care for families and
foster families of infants and young children described in
subsection (b);
(7) to recruit and train health and social services
personnel to work with families, foster care families, and
residential care programs for abandoned infants and young
children; and
(8) to prevent the abandonment of infants and young
children, and to care for the infants and young children who
have been abandoned, through model programs providing health,
educational, and social services at a single site in a
geographic area in which a significant number of infants and
young children described in subsection (b) reside (with special
consideration given to applications from entities that will
provide the services of the project through community-based
organizations).
(b) Priority in Provision of Services.--The Secretary may not make
a grant under subsection (a) unless the applicant for the grant agrees
that, in carrying out the purpose described in subsection (a) (other
than with respect to paragraph (6) of such subsection), the applicant
will give priority to abandoned infants and young children--
(1) who are infected with the human immunodeficiency virus
or who have been perinatally exposed to the virus; or
(2) who have been perinatally exposed to a dangerous drug.
(c) Case Plan With Respect to Foster Care.--The Secretary may not
make a grant under subsection (a) unless the applicant for the grant
agrees that, if the applicant expends the grant to carry out any
program of providing care to infants and young children in foster homes
or in other nonmedical residential settings away from their parents,
the applicant will ensure that--
(1) a case plan of the type described in paragraph (1) of
section 475 of the Social Security Act is developed for each
such infant and young child (to the extent that such infant and
young child is not otherwise covered by such a plan); and
(2) the program includes a case review system of the type
described in paragraph (5) of such section (covering each such
infant and young child who is not otherwise subject to such a
system).
(d) Administration of Grant.--
(1) The Secretary may not make a grant under subsection (a)
unless the applicant for the grant agrees--
(A) to use the funds provided under this section
only for the purposes specified in the application
submitted to, and approved by, the Secretary pursuant
to subsection (e);
(B) to establish such fiscal control and fund
accounting procedures as may be necessary to ensure
proper disbursement and accounting of Federal funds
paid to the applicant under this section; and
(C) to report to the Secretary annually on the
utilization, cost, and outcome of activities conducted,
and services furnished, under this section.
(e) Requirement of Application.--The Secretary may not make a grant
under subsection (a) unless--
(1) an application for the grant is submitted to the
Secretary;
(2) with respect to carrying out the purpose for which the
grant is to be made, the application provides assurances of
compliance satisfactory to the Secretary; and
(3) the application otherwise is in such form, is made in
such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this section.
SEC. 4. GRANTS TO PROVIDE NURTURING HOME ENVIRONMENTS AND FAMILY-
CENTERED SERVICES FOR MEDICALLY FRAGILE INFANTS.
The Secretary may make grants to public and nonprofit entities for
the purposes of developing, implementing, or operating--
(1) programs and activities to prevent the medical neglect
of disabled infants with life-threatening conditions;
(2) information, education, and training programs designed
to improve the provision of services to disabled infants with
life-threatening conditions for--
(A) professional and paraprofessional personnel
concerned with the welfare of disabled infants with
life-threatening conditions, including personnel
employed in child protective services programs and
health care facilities; and
(B) the parents of such infants; and
(3) programs to assist in obtaining or coordinating
necessary services for families of disabled infants with life-
threatening conditions, including--
(A) existing social and health services;
(B) financial assistance; and
(C) services necessary to facilitate adoptive
placement of any such infant who is legally free for
adoption.
SEC. 5. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.
The Secretary shall, directly or through contracts with public and
nonprofit private entities, provide for evaluations of projects carried
out under this Act and for the dissemination of information developed
as result of such projects.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The terms ``abandoned'' and ``abandonment'', with
respect to infants and young children, mean that the infants
and young children are medically cleared for discharge from
acute-care hospital settings, but remain hospitalized because
of a lack of appropriate out-of-hospital placement
alternatives.
(2) The term ``dangerous drug'' means a controlled
substance, as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(3) The term ``natural family'' shall be broadly
interpreted to include natural parents, grandparents, family
members, guardians, children residing in the Household, and
individuals residing in the household on a continuing basis who
are in a care-giving situation with respect to infants and
young children covered under this Act.
(4) The term ``acquired immune deficiency syndrome''
includes infection with the etiologic agent for such syndrome,
any condition indicating that an individual is infected with
such etiologic agent, and any condition arising from such
etiologic agent.
(5) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this Act, there
are authorized to be appropriated $15,000,000 for fiscal year 1996 and
such sums as may be necessary for each of the fiscal years 1997, 1998,
1999, and 2000.
(b) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended.
(1) Conforming amendment.--Section 421(7) of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 5061(7)) is amended to
read as follows:
``(7) the term `border baby' means an infant described in
section 6(1) of the Abandoned and Medically Fragile Infants
Assistance Act of 1995.''. | Abandoned and Medically Fragile Infants Assistance Act of 1995 - Authorizes grants to develop, implement, and operate projects and programs to: (1) prevent, and provide services regarding, abandonment of infants; and (2) prevent medical neglect of, and provide services regarding, disabled infants with life-threatening conditions. Defines "abandoned" to mean infants and young children medically cleared for hospital discharge but remaining hospitalized because of a lack of appropriate out-of-hospital placement alternatives. Authorizes appropriations.
Amends the Domestic Volunteer Service Act of 1973 to replace the definition of "boarder baby" with references to the definition of "abandoned" under this Act. | billsum_train |
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