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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community-Based Residency Training
Act of 2009''.
SEC. 2. TRAINING OF MEDICAL RESIDENTS IN COMMUNITY-BASED SETTINGS.
Part C of title VII of the Public Health Service Act (42 U.S.C.
293k et seq.) is amended by adding at the end the following:
``SEC. 749. TRAINING OF MEDICAL RESIDENTS IN COMMUNITY-BASED SETTINGS.
``(a) Program.--The Secretary shall establish a program for the
training of medical residents in community-based settings consisting of
awarding grants and contracts under this section.
``(b) Development and Operation of Community-Based Programs.--The
Secretary shall make grants to, or enter into contracts with, eligible
entities--
``(1) to plan and develop a new primary care residency
training program, which may include--
``(A) planning and developing curricula;
``(B) recruiting and training residents and
faculty; and
``(C) other activities designated to result in
accreditation of such a program; or
``(2) to operate or participate in an established primary
care residency training program, which may include--
``(A) planning and developing curricula;
``(B) recruitment and training of residents; and
``(C) retention of faculty.
``(c) Eligible Entity.--To be eligible to receive a grant or
contract under subsection (b), an entity must be designated as eligible
to receive payment for the direct costs of medical education under
section 1886(k) of the Social Security Act.
``(d) Preferences.--In awarding grants and contracts under
paragraph (1) or (2) of subsection (b), the Secretary shall give
preference to entities that--
``(1) support teaching programs that address the health
care needs of vulnerable populations; or
``(2) are a Federally qualified health center (as defined
in section 1861(aa)(4) of the Social Security Act) or a rural
health clinic (as defined in section 1861(aa)(2) of such Act).
``(e) Additional Preferences for Established Programs.--In awarding
grants and contracts under subsection (b)(2), the Secretary shall give
preference to entities that have a demonstrated record of training--
``(1) a high or significantly improved percentage of health
professionals who provide primary care;
``(2) individuals who are from disadvantaged backgrounds
(including racial and ethnic minorities underrepresented among
primary care professionals); or
``(3) individuals who practice in settings having the
principal focus of serving underserved areas or populations
experiencing health disparities (including serving patients
eligible for medical assistance under title XIX of the Social
Security Act or for child health assistance under title XXI of
such Act or those with special health care needs).
``(f) Period of Awards.--
``(1) In general.--The period of a grant or contract under
this section--
``(A) shall not exceed 3 years for awards under
subsection (b)(1); and
``(B) shall not exceed 5 years for awards under
subsection (b)(2).
``(2) Special rules.--
``(A) An award of a grant or contract under
subsection (b)(1) shall not be renewed.
``(B) The period of a grant or contract awarded to
an entity under subsection (b)(2) shall not overlap
with the period of any grant or contact awarded to the
same entity under subsection (b)(1).
``(g) Report.--The Secretary shall submit to the Congress an annual
report on the program carried out under this section.
``(h) Definitions.--In this section:
``(1) Health disparities.--The term `health disparities'
includes health and health care disparities and means
population-specific differences in the presence of disease,
health outcomes, or access to health care. For purposes of the
preceding sentence, a population may be delineated by race,
ethnicity, primary language, sex, sexual orientation, gender
identity, disability, socioeconomic status, or rural, urban, or
other geographic setting, and any other population or
subpopulation determined by the Secretary to experience
significant gaps in disease, health outcomes, or access to
health care.
``(2) Primary care resident.--The term `primary care
resident' has the meaning given the term in section
1886(h)(5)(H) of the Social Security Act.
``(3) Primary care residency training program.--The term
`primary care residency training program' means a program
that--
``(A) is an approved medical residency training
program described in section 1886(h)(5)(A) of the
Social Security Act for primary care residents; and
``(B) in the case of entities seeking awards under
subsection (b)(2), is accredited, or operates in
partnership with a program that is accredited, by the
Accreditation Council for Graduate Medical Education or
the American Osteopathic Association.
``(i) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated the following:
``(1) $40,800,000 for fiscal year 2011.
``(2) $43,010,000 for fiscal year 2012.
``(3) $45,050,000 for fiscal year 2013.
``(4) $47,260,000 for fiscal year 2014.
``(5) $49,640,000 for fiscal year 2015.''. | Community-Based Residency Training Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a program for the training of medical residents in community-based settings. Requires the Secretary to make grants to, or enter into contracts with, eligible entities (i.e., entities designated as eligible to receive payment for the direct costs of medical education under provisions of the Social Security Act pertaining to payment to nonhospital providers) to: (1) plan and develop a new primary care residency training program; and (2) operate or participate in an established primary care residency training program.
Directs the Secretary to give preference to entities that: (1) support teaching programs that address the health care needs of vulnerable populations; (2) are a federally qualified health center or a rural health clinic; or (3) have a demonstrated record of training a high or significantly improved percentage of health professionals who provide primary care, individuals who are from disadvantaged backgrounds, or individuals who practice in settings having the principal focus of serving underserved areas or populations experiencing health disparities. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Community Visioning
Improvement Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Small communities are vital components of the nation's
economic, social, agricultural, historic, and cultural fabric.
(2) Our national character has been shaped by and is
forever tied to the landscape in and surrounding small
communities.
(3) A growing number of small communities are facing
significant challenges that place their long-term viability at
risk, including economic hardship, declining population,
eroding tax bases, and environmental pressures.
(4) Revitalizing and strengthening small communities begins
by helping residents of those communities to articulate and
formalize their vision for the future and to develop an action
plan to achieve that vision, including in the areas of economic
development, agriculture, tourism, transportation, land use,
education, recreation, and culture, and by understanding the
amenity characteristics of landscapes.
(5) In many cases, a community's vision for the future is
rooted in and inseparable from the landscape, including the
natural and built environments.
(6) Landscape architects have the education, training, and
skills, including in the areas of community involvement and
public participation, land use planning, design, project
visualization techniques, scenic resource assessment, mapping
and Geographic Information Systems (GIS), environmental
analysis, and environmental psychology, that ideally qualify
them to lead community visioning efforts.
(7) Expanding Federal support for small community visioning
is an investment in the future of small communities and will
leverage additional public and private sector participation in
such efforts.
(8) Successful community visioning efforts have yielded
tangible results with regard to the enhancement of
transportation corridors, economic development initiatives,
land use policies, conservation of natural and community
resources, community master plans, and park and recreation
plans.
SEC. 3. COMMUNITY VISIONING PILOT INITIATIVE.
(a) Purposes.--The purposes of this section are to--
(1) develop and facilitate innovative visions that help
small communities to address pressing local needs;
(2) facilitate coordination between small communities,
land-grant and other universities, and design professionals;
(3) encourage public-private partnerships; and
(4) translate the small community's vision into images of
design projects that integrate physical planning and design
techniques, with sustainable community action, at the
appropriate geographic scale.
(b) Definitions.--In this section:
(1) The term ``small community visioning process'' means
the process described in subsection (c)(2).
(2) The term ``small community'' means a political
subdivision of a State with a population less than 25,000
individuals, an Indian tribe (as defined by section 2(7) of the
Native American Graves Protection and Repatriation Act), a
native Hawaiian organization (as defined by paragraph (11) of
such section), or an Alaskan native village (as defined by
section 3(c) of the Alaska Native Claims Settlement Act).
(3) The term ``design professional'' means a landscape
architect licensed pursuant to State law or other individual
with demonstrated skills, training, and education in community
involvement and public participation, land use planning,
design, project visualization techniques, scenic resource
management, mapping and Geographic Information Systems (GIS),
environmental analysis, and environmental psychology.
(4) The term ``eligible grant recipient'' means a small
community, a land grant university or college established
pursuant to the Morrill Act, an institution of higher education
(as defined in section 101 of the Higher Education Act of
1965), or an economic or community development entity
authorized by a State or political subdivision of a State.
(5) The term ``construction documents'' means technical
documents, drawings, and designs which contain dimensions,
measurements, material specifications, and other technical
information necessary to complete design plans.
(6) The term ``Department'' means the Department of
Agriculture.
(7) The term ``Secretary'' means the Secretary of
Agriculture.
(c) Grant Authority.--
(1) In general.--The Secretary shall make grants to
eligible grant recipients for the purposes of carrying out
small community visioning processes.
(2) Small community visioning process.--In order to be
eligible for a grant under this section, the applicant must use
a small community visioning process that includes the
following:
(A) Soliciting and organizing public
participation.--The broadest segment of the public is
invited to participate, and the process is structured
to maximize participation and maintain efficiency.
(B) Needs determination.--The small community
determines whether the community requires assistance
through this process with a broad-based needs
assessment or whether it has identified a specific need
through a prior community-based process that the
community wants to address through the small community
visioning process. Needs may include the areas of
economic development, transportation, land use,
agriculture, and the natural, cultural, and aesthetic
values of the community.
(C) Developing design options.--Members of the
community engage in a series of discussions to
articulate their vision for addressing the identified
need. Design professionals facilitate the discussions,
help members of the community identify areas of
consensus, and begin translating the vision into
images, including sketches, maps, digital images,
computer simulations, and design concepts. The vision
and design options are refined in an ongoing dialogue
until community consensus is reached and physical
designs for 1 or more projects are finalized.
(D) Implementation planning.--Design professionals,
members of the public, and others develop and finalize
a plan that describes the specific steps the community
would take to achieve its vision. At a minimum, the
plan should identify--
(i) projects relating to that vision,
including projects the community can undertake
and complete with existing resources,
personnel, and funding, and projects which the
community could undertake and complete only
with the infusion of additional resources,
personnel, and funding;
(ii) government agencies, nongovernmental
entities, and other potential partners that
could participate in implementation; and
(iii) possible sources of public and
private funding to achieve the vision.
(d) Application Processes.--
(1) In general.--Not later than 60 days after the Secretary
issues final regulations under subsection (h), the Secretary
shall solicit applications for grants from eligible grant
recipients. The application shall include the following:
(A) A statement of the needs that the small
community would address through the small community
visioning process, or a statement that the small
community requires assistance to identify such a need.
(B) A brief description of process the small
community used or will use to involve a diverse cross-
section of residents of the community in determining
the need.
(C) A description of how the applicant will use the
services of design professionals or university programs
with demonstrated expertise in small community
visioning processes in providing assistance to the
small community.
(D) A description of how the applicant will involve
a diverse cross-section of residents of the small
community in the visioning process.
(E) A description of the phases of the visioning
process, the anticipated outcomes of each phase, and of
the visioning initiative as a whole.
(F) A detailed budget for the visioning process,
including the contribution to be provided by the
applicant pursuant to subsection (h) or a request for
waiver of such a contribution.
(G) A description of the steps the applicant will
take to--
(i) assess the effectiveness of the
visioning process in addressing the community's
need; and
(ii) integrate the findings of the needs
determination into ongoing efforts to implement
the vision developed pursuant to this section.
(2) Alternative application process.--The Secretary may
establish an alternative application process through which
eligible grant recipients may apply for funding sufficient to
facilitate small community visioning processes in 2 or more
small communities without having to apply separately for a
grant for each community. The alternative application shall
include the following:
(A) A description of the applicant's capabilities
to achieve the purposes of this section, including a
description of experience providing the assistance
described in this section.
(B) If the applicant is an institution of higher
education or land grant university or college and has
an accredited undergraduate or graduate degree program
in landscape architecture, a description of the
substantive role that the landscape architecture
program will play in carrying out the purposes of this
section.
(C) A description of how the applicant will use the
services of design professionals and university
programs with demonstrated expertise in small community
visioning processes, in carrying out the purposes of
this section.
(D) A description of the phases of the small
community visioning process, and the anticipated
outcomes of each phase.
(E) A projection of the number of small communities
that the applicant could assist with the grant amount
requested during the fiscal year in which the grant
would be received, and with a proposed schedule for
providing the assistance.
(F) A detailed budget for the activities to be
carried out by the applicant with the grant.
(G) A description of the steps the applicant will
take to--
(i) assess the effectiveness of the
visioning process in addressing each
community's need; and
(ii) support community-based efforts to
integrate the findings of the assessments into
ongoing efforts to implement the vision
developed pursuant to this section.
(e) Grant Award Considerations.--In making grants under this
section, the Secretary shall consider--
(1) the value of making grants to communities of various
population sizes;
(2) the geographic distribution of the grants; and
(3) the value of giving priority to applicants with well-
defined community, private sector, and university
participation.
(f) Grant Amounts and Administrative Expenses.--
(1) Amounts.--A grant under this section shall not exceed--
(A) $25,000, if the application for the grant was
submitted pursuant to subsection (d)(1); or
(B) $250,000, if the application for the grant was
submitted pursuant to subsection (d)(2).
(2) Administrative expenses.--The Secretary may use not
more than 10 percent of the total amount appropriated under
this section for each fiscal year to administer this section. A
recipient of a grant under this section may use not more than
25 percent of the grant for administration.
(3) Limitation.--A grant under this section shall not be
used to develop or produce construction documents.
(g) Recipient Contribution Requirement.--
(1) In general.--As a condition of receiving a grant under
this section, the grantee shall contribute, from non-Federal
sources, to the activities for which the grant is made an
amount equal to 20 percent of total costs of the activities.
(2) Use of in-kind contributions.--The Secretary shall
allow a grantee to meet the requirement of paragraph (1) by
making qualifying in-kind contributions of such type as the
Secretary may allow in regulations.
(3) Waiver.--The Secretary may waive the requirement of
paragraph (1) in the case of a recipient who demonstrates to
the Secretary's satisfaction that the recipient is incapable of
meeting the requirement.
(h) Regulations.--Within 180 days after the date of the enactment
of this section and after opportunity for public comment, the Secretary
shall issue such regulations as the Secretary deems appropriate to
carry out this section.
(i) Report to the Congress.--Not later than 3 years after the date
of the enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that describes, at a minimum--
(1) the most effective practices and procedures used to
assist communities in the small community visioning process;
(2) examples of the public-private partnerships developed
to identify and implement community goals;
(3) examples of the tangible, physical outcomes of small
community visioning processes funded under this section;
(4) recommendations for improving, strengthening, and
expanding the program carried out under this section; and
(5) a list of all grantees under this section, the city and
State in which the grantees are located, and grant amounts
received by each grantee.
(j) Authorization of Appropriations.--
(1) In general.--For grants under this section, there are
authorized to be appropriated to the Secretary not more than
$5,000,000 for each of fiscal years 2008 through 2012.
(2) Reservation of funds for applications to assist
multiple small communities.--Not less than 40 percent of the
amounts made available to carry out this section for each
fiscal year shall be made available for grants for applications
submitted pursuant to subsection (d)(2).
(3) Availability of appropriations.--Funds made available
to carry out this section are authorized to remain available
until expended. | Small Community Visioning Improvement Act - Directs the Secretary of Agriculture to make grants to eligible recipients for small community visioning processes to: (1) help small communities address pressing local needs; (2) facilitate coordination between small communities, land-grant and other universities, and design professionals; (3) encourage public-private partnerships; and (4) develop design projects that integrate physical planning and design techniques with sustainable community action. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Sequestration Investment Tax
Credit Act''.
SEC. 2. CARBON SEQUESTRATION INVESTMENT TAX
CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45E. CARBON SEQUESTRATION INVESTMENT CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--For purposes of section 38, in the case
of an eligible taxpayer's investment in a carbon sequestration
project approved by the implementing panel under section 2 of
the International Carbon Conservation Act, the carbon
sequestration investment credit determined under this section
for the taxable year is an amount equal to--
``(A) $2.50, multiplied by
``(B) the number of tons of carbon the implementing
panel determines was sequestrated in such project
during the calendar year ending with or within such
taxable year, multiplied by
``(C) the percentage of the total investment in
such project which is represented by the investment in
such project which is attributable, directly or
indirectly, to the eligible taxpayer, as determined by
the implementing panel.
``(2) Aggregate dollar limitation.--The credit determined
under paragraph (1) for any taxable year, when added to any
credit allowed to the eligible taxpayer with respect to the
such project in any preceding taxable year, shall not exceed 50
percent of the investment attributable to the eligible taxpayer
with respect to such project through such taxable year.
``(b) Annual Limitation on Aggregate Credit Allowable.--
``(1) In general.--The amount of the carbon sequestration
investment credit determined under subsection (a) for any
taxable year, when added to all such credits allowed to all
eligible taxpayers with respect to the such project for such
taxable year shall not exceed the credit dollar amount
allocated to such project under this subsection by the
implementing panel for the calendar year ending with or within
such taxable year.
``(2) Time for making allocation.--An allocation shall be
taken into account under paragraph (1) only if it is made not
later than the close of the calendar year in which the carbon
sequestration project proposal with respect to such project is
approved by the implementing panel under section 2 of the
International Carbon Conservation Act.
``(3) Aggregate credit dollar amount.--The aggregate credit
dollar amount which the implementing panel may allocate for any
calendar year is equal to $200,000,000.
``(e) Eligible Taxpayer; Implementing Panel.--For purposes of this
section--
``(1) Eligible taxpayer.--A taxpayer is eligible for the
credit under this section with respect to a carbon
sequestration project if such taxpayer has not elected the
application of sections 3 and 4 of the International Carbon
Conservation Act with respect to such project.
``(2) Implementing panel.--The term `implementing panel'
means the implementing panel established under section 2 of
such Act.
``(f) Recapture of Credit in Certain Cases.--
``(1) In general.--If, at any time during the 30-year
period of a carbon sequestration project, there is a recapture
event with respect to such project, then the tax imposed by
this chapter for the taxable year in which such event occurs
shall be increased by the credit recapture amount.
``(2) Credit recapture amount.--For purposes of paragraph
(1)--
``(A) In general.--The credit recapture amount is
an amount equal to the recapture percentage of all
carbon sequestration investment credits previously
allowable to an eligible taxpayer with respect to any
investment in such project that is attributable to such
taxpayer.
``(B) Recapture percentage.--The recapture
percentage shall be 100 percent if the recapture event
occurs during the first 10 years of the project, 66\2/
3\ percent if the recapture event occurs during the
second 10 years of the project, 33\1/3\ percent if the
recapture event occurs during the third 10 years of the
project, and 0 percent if the recapture event occurs at
any time after the 30th year of the project.
``(3) Recapture event.--For purposes of paragraph (1),
there is a recapture event with respect to a carbon
sequestration project if--
``(A) the eligible taxpayer violates a term or
condition of the approval of the project by the
implementing panel at any time,
``(B) the eligible taxpayer adopts a practice which
the implementing panel has specified in its approval of
the project as a practice which would tend to defeat
the purposes of the carbon sequestration program, or
``(C) the eligible taxpayer disposes of any
ownership interest arising out of its investment that
the implementing panel has determined is attributable to the project,
unless the implementing panel determines that such disposition will not
have any adverse effect on the carbon sequestration project.
If an event which otherwise would be a recapture event is
outside the control of the eligible taxpayer, as determined by
the implementing panel, such event shall not be treated as a
recapture event with respect to such taxpayer.
``(4) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (1) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under this subsection shall not be treated as a tax
imposed by this chapter for purposes of determining the
amount of any credit under this chapter or for purposes
of section 55.
``(g) Disallowance of Double Benefit.--
``(1) Basis reduction.--The basis of any investment in a
carbon sequestration project shall be reduced by the amount of
any credit determined under this section with respect to such
investment.
``(2) Charitable deduction disallowed.--No deduction shall
be allowed to an eligible taxpayer under section 170 with
respect to any contribution which the implementing panel
certifies pursuant to section 2 of the International Carbon
Conservation Act to the Secretary constitutes an investment in
a carbon sequestration project that is attributable to such
taxpayer.
``(h) Certification to Secretary.--The implementing panel shall
certify to the Secretary before January 31 of each year with respect to
each eligible taxpayer which has made an investment in a carbon
sequestration project--
``(1) the amount of the carbon sequestration investment
credit allowable to such taxpayer for the preceding calendar
year,
``(2) whether a recapture event occurred with respect to
such taxpayer during the preceding calendar year, and
``(3) the credit recapture amount, if any, with respect to
such taxpayer for the preceding calendar year.
``(i) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including
regulations--
``(1) which limit the credit for investments which are
directly or indirectly subsidized by other Federal benefits,
``(2) which prevent the abuse of the provisions of this
section through the use of related parties, and
``(3) which impose appropriate reporting requirements.''.
(b) Credit Made Part of General Business Credit.--
(1) In general.--Subsection (b) of section 38 of the
Internal Revenue Code of 1986 is amended by striking ``plus''
at the end of paragraph (12), by striking the period at the end
of paragraph (13) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(14) the carbon sequestration investment credit
determined under section 45E(a).''.
(2) Limitation on carryback.--Subsection (d) of section 39
of such Code is amended by adding at the end the following new
paragraph:
``(10) No carryback of carbon sequestration investment
credit before january 1, 2002.--No portion of the unused
business credit for any taxable year which is attributable to
the credit under section 45E may be carried back to a taxable
year ending before January 1, 2002.''.
(c) Deduction for Unused Credit.--Subsection (c) of section 196 of
the Internal Revenue Code of 1986 is amended by striking ``and'' at the
end of paragraph (7), by striking the period at the end of paragraph
(8) and inserting ``, and'', and by adding at the end the following new
paragraph:
``(9) the carbon sequestration investment credit determined
under section 45E(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45E. Carbon sequestration
investment credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to investments made after December 31, 2001. | Carbon Sequestration Investment Tax Credit Act - Amends the Internal Revenue Code to establish a carbon sequestration investment tax credit for eligible taxpayers. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Divorce Equity
Act of 2003''.
SEC. 2. PROPORTIONATE DIVISION OF RETIRED PAY FOR FORMER SPOUSES.
Section 1408(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) In the case of a court order issued on or after the date
of the enactment of the Uniformed Services Divorce Equity Act of 2003
in which the court, pursuant to paragraph (1), provides for treatment
of the disposable retired pay of a member as property of the member and
the member's spouse, the court (unless otherwise expressly provided for
by a spousal agreement) shall award the spouse or former spouse a share
of such retired pay as follows:
``(i) If the spouse or former spouse was married to the
member throughout the service of the member that is creditable
for computation of retired pay, a share equal to 50 percent of
the disposable retired pay of the member.
``(ii) If the spouse or former spouse was not married to
the member throughout the service of the member that is
creditable for computation of retired pay, a share equal to
that proportion of 50 percent of the disposable retired pay of
the member that is the proportion that--
``(I) the number of days of the marriage of the
former spouse to the participant during periods of such
creditable service bears to the total number of days of
such creditable service; or
``(II) in the case of a member for whom retired pay
is payable under chapter 1223 of this title, the number
of points credited under section 12733 of this title
for computation of the member's retired pay that
accrued during the period of marriage bears to the
total number of points credited under that section for
computation of the member's retired pay.
``(B) In subparagraph (A), the term `spousal agreement' means an
agreement between a member and the member's spouse or former spouse
that--
``(i) is in writing, is signed by the parties, and
is notarized; and
``(ii) has not been modified by court order.''.
SEC. 3. DURATION OF PAYMENT OF RETIRED PAY TO FORMER SPOUSES.
(a) Limitation.--Section 1408(c) of title 10, United States Code,
is amended by adding after paragraph (5), as added by section 2, the
following new paragraph:
``(6)(A) If the period of the marriage during which time the member
was qualifying for retired pay through military service is less than
240 months, payments under paragraph (1) shall be made by the member to
the former spouse for a period equal to the number of months of the
marriage during which time the member was qualifying for retired pay
through military service, except that, in the case of payments made
pursuant a court order of divorce, dissolution, annulment, or legal
separation issued after the date of the enactment of Uniformed Services
Divorce Equity Act of 2003, such payments shall terminate upon the
remarriage of the former spouse, if such remarriage occurs before the
end of such period.
``(B) If the period of the marriage during which time the member
was qualifying for retired pay through military service is 240 months
or more, payments under paragraph (1) shall terminate in accordance
with the terms of the applicable court order, but not later than the
date of the death of the member or the date of the death of the spouse
or former spouse to whom payments are being made, whichever occurs
first.''.
(b) Termination of Department of Defense Payments.--Section
1408(d)(4) of such title is amended--
(1) by inserting ``(A)'' after ``(4)''; and
(2) by adding at the end the following:
``(B) In the case of payments from the disposable retired pay of a
member pursuant to this section that are subject to termination by
reason of subsection (c)(6)(A), the Secretary concerned shall terminate
such payments--
``(i) upon written request of the member, if information in
possession of the Secretary or provided by the member is
sufficient for the Secretary to conclude that the provisions
for termination under subsection (c)(6)(A) are satisfied; or
``(ii) upon effective service of a court order modifying
the court order under which the payments to the member's spouse
or former spouse have been made.''.
(c) Transition Provision.--
(1) Marriages terminated before enactment.--With respect to
a court order issued before the date of the enactment of this
Act, if the length of the marriage before the court order
during which time the member was qualifying for retired pay
through military service was less than 240 months--
(A) if payments by the member to the spouse or
former spouse as of the date of the enactment of this
Act have been made for less than the number of months
of the marriage during which time the member was
qualifying for retired pay through military service,
payments shall continue in the amount specified in the
court order until such payments have been made for the
number of months of the marriage during which time the
members was qualifying for retired pay through military
service, but in no event shall such payments terminate
by reason of this paragraph sooner than the end of the
24-month period beginning on the date of the enactment
of this Act; and
(B) if payments by the member to the former spouse
as of the date of the enactment of this Act have been
made for a period equal to or greater than the number
of months of the marriage during which time the member
was qualifying for retired pay through military
service, payments shall terminate 24 months after the
date of the enactment of this Act, unless sooner
terminated under some other provision of law.
(2) Applicability of dod termination provisions.--
Subparagraph (B) of subsection (d)(4) of section 1408 of title
10, United States Code, as added by subsection (b), shall apply
to the provisions of paragraph (1) of this subsection in the
same manner as to subsection (c)(6)(A) of such section 1408, as
added by subsection (a).
(3) Court order defined.--In this subsection, the term
``court order'' has the meaning given that term in section
1408(a)(2) of title 10, United States Code.
SEC. 4. AWARD OF RETIRED PAY TO BE BASED ON RETIREE'S LENGTH OF SERVICE
AND PAY GRADE AT TIME OF DIVORCE.
Section 1408(c) of title 10, United States Code, is amended by
adding after paragraph (6), as added by section 3(a), the following new
paragraph:
``(7) In the case of a member as to whom a final decree of divorce,
dissolution, annulment, or legal separation is issued on or after the
date of the enactment of the Uniformed Services Divorce Equity Act of
2003 and before the date when the member begins to receive retired pay,
the disposable retired pay of the member that a court may treat in the
manner described in paragraph (1) shall be computed based on the pay
grade and the length of service of the member while married to the
spouse or former spouse that are creditable toward entitlement to basic
pay and to retired pay as of the date of the final decree. Amounts so
calculated shall be increased by the cumulative percentage of increases
in retired pay between the date of the final decree and the effective
date of the member's retirement.''.
SEC. 5. PROHIBITION ON COURT ORDERING PAYMENTS BEFORE RETIREMENT BASED
ON IMPUTATION OF RETIRED PAY.
Section 1408(c)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B) After the date of the enactment of the Uniformed Services
Divorce Equity Act of 2003, a court may not order a member to make
payments to a spouse or former spouse before the date of the member's
retirement based upon an imputation of a property interest in future
retired pay.''.
SEC. 6. LIMITATION ON TIME FOR SEEKING DIVISION OF RETIRED PAY.
(a) In General.--Section 1408(c)(4) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(4)''; and
(2) by adding at the end the following new subparagraph:
``(B) In order to be eligible to receive payments from the
disposable retired pay of a member in the manner described in paragraph
(1), the member's spouse or former spouse must obtain a court order for
the treatment of the disposable retired pay of the member as property
of the member and the member's spouse not later than two years after
the date of a final decree of divorce, dissolution, annulment, or legal
separation, including a court ordered, ratified, or approved property
settlement incident to such a decree.''.
(b) Prospective Application.--The amendment made by subsection (a)
shall apply with respect to final decrees of divorce, dissolution,
annulment, or legal separation issued on or after the date of the
enactment of this Act.
(c) Implementation.--With respect to payments to a spouse or former
spouse from a member's disposable retired pay pursuant to a final
decree of divorce, dissolution, annulment, or legal separation issued
before the date of the enactment of this Act, if more than two years
have elapsed between the date of the final decree of divorce,
dissolution, annulment, or legal separation and the issuance of a court
order for the apportionment of the disposable retired pay of a member,
a court may not order that payments of retired pay to a former spouse
be made retroactive to the date of the final decree of divorce,
dissolution, annulment, or legal separation.
SEC. 7. TERMINATION OF LIABILITY FOR PAYMENTS TO FORMER SPOUSES.
Subsection 1408(d)(4)(A) of title 10, United States Code, as
redesignated by section 3(b)(1), is amended by inserting ``and
liability therefor'' after ``section''.
SEC. 8. PROHIBITION ON APPORTIONMENT OF DISABILITY PAY.
(a) In General.--Subsection 1408(e)(4) of title 10, United States
Code, is amended by adding at the end the following new subparagraph:
``(C) Notwithstanding any other provision of law, a court may not
treat as part of the disposable retired pay of a member under this
section or as part of amounts to be paid by a member pursuant to legal
processes under section 459 of the Social Security Act (42 U.S.C. 659)
for the purpose of alimony payments to a former spouse, amounts that--
``(i) are deducted from the retired pay of such member as a
result of a waiver of retired pay required by law in order to
receive disability compensation under title 38; or
``(ii) in the case of a member entitled to retired pay
under chapter 61 of this title, are equal to the amount of
retired pay of the member under that chapter computed using the
percentage of the member's disability on the date when the
member was retired (or the date on which the member's name was
placed on the temporary disability list).''.
(b) Amendments to Social Security Act.--Section 459(h) of the
Social Security Act (42 U.S.C. 659(h)) is amended--
(1) in paragraph (1)(A)(ii)(V), by striking all that
follows ``Armed Forces'' and inserting a semicolon; and
(2) by adding at the end the following new paragraph:
``(3) Limitations with respect to compensation paid to
veterans for service-connected disabilities.--Notwithstanding
any other provision of this subsection--
``(A) compensation described in paragraph
(1)(A)(ii)(V) shall not be subject to withholding
pursuant to this section--
``(i) for payment of alimony; or
``(ii) for payment of child support if the
individual is fewer than 60 days in arrears in
payment of the support; and
``(B) not more than 50 percent of any payment of
compensation described in paragraph (1)(A)(ii)(V) may
be withheld pursuant to this section.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to court orders and legal processes issued on or after June
25, 1981. In the case of a court order or legal process issued before
the date of the enactment of this Act, such amendments shall apply only
with respect to retired pay payable for months beginning on or after
the date of the enactment of this Act.
SEC. 9. TECHNICAL CORRECTIONS.
(a) Gender-Neutral References.--Section 1408 of title 10, United
States Code, is amended as follows:
(1) Subsection (c)(1) is amended by striking ``the member
and his spouse'' and inserting ``the member and the member's
spouse''.
(2) Subsection (c)(4)(A) is amended by striking ``his''
each place it appears and inserting ``the member's''.
(3) Subsection (d)(5) is amended by striking ``the member
and his spouse'' and inserting ``the member and the member's
spouse''.
(4) Subsection (g) is amended by striking ``his'' and
inserting ``the member's''.
(b) Date of Enactment Reference.--Subsection (d)(6) of such section
is amended by striking ``on or after the date of the enactment of this
paragraph'' and inserting ``after August 21, 1996,''.
(c) Subsection Caption.--The heading for subsection (e) of such
section is amended to read as follows: ``Multiple Court Orders.--''. | Uniformed Services Divorce Equity Act of 2003 - Requires a court, in the case of the disposition of monthly retired pay upon a divorce, to award the former spouse 50 percent of such pay of a member of the uniformed services if the former spouse was married to the member throughout the member's creditable service. Reduces such amount proportionately for the reduced period of the marriage in relation to the total service period.Requires that, if the marriage period is: (1) less than 240 months, such payments shall continue for a period equal to the marriage period; and (2) 240 months or more, such payments shall continue at least until the death of the member or former spouse.Provides that for purposes of such monthly payments, the disposable retired pay of a member to whom a final divorce, disillusionment, annulment, or legal separation decree is issued before the member begins to receive such pay shall be computed based on the pay grade and length of service of the member while married. Increases such amount concurrently with retired pay increases. Prohibits a court from ordering such payments before a member's retirement based upon an imputation of a property interest in future retired pay. Requires a former spouse to obtain a court order for reapportionment of disposable military retired pay within two years of the date of the final decree.Prohibits the court from treating as part of a member's disposable retired pay amounts which: (1) have been waived from such pay in order to receive veterans' disability compensation; or (2) represent payment for service-connected disabilities. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Budget Enforcement and Deficit
Reduction Act of 1993''.
SEC. 2. MAXIMUM DEFICIT AMOUNTS AND DISCRETIONARY SPENDING LIMITS FOR
FISCAL YEAR 1994-1998.
(a) Maximum Deficit Amounts.--Section 601(a)(1) of the
Congressional Budget Act of 1974 is amended by striking subparagraphs
(D) and (E) and inserting the following:
``(D) with respect to fiscal year 1994,
$260,800,000,000;
``(E) with respect to fiscal year 1995,
$240,000,000,000;
``(F) with respect to fiscal year 1996,
$210,000,000,000;
``(G) with respect to fiscal year 1997,
$170,000,000,000; and
``(H) with respect to fiscal year 1998,
$130,000,000,000;''.
(b) Discretionary Spending Limits.--(1) Section 601(a)(2) of the
Congressional Budget Act of 1974 is amended by striking subparagraphs
(D) and (E) and by inserting ``and'' at the end of subparagraph (B).
(2) Section 601(a) of the Congressional Budget Act of 1974 is
amended by adding at the end the following new paragraph:
``(3) Discretionary spending limits for fiscal years 1994-
1998.--The term `discretionary spending limit' means--
``(A) for the defense category--
``(i) with respect to fiscal year 1994,
$264,800,000,000 in new budget authority and
$275,800,000,000 in outlays;
``(ii) with respect to fiscal year 1995,
$254,200,000,000 in new budget authority and
$264,800,000,000 in outlays;
``(iii) with respect to fiscal year 1996,
$244,000,000,000 in new budget authority and
$254,200,000,000 in outlays;
``(iv) with respect to fiscal year 1997,
$234,200,000,000 in new budget authority and
$244,000,000,000 in outlays; and
``(v) with respect to fiscal year 1998,
$224,900,000,000 in new budget authority and
$234,300,000,000 in outlays; and
``(B) for the international category, as adjusted
in strict conformance with section 251 of the Balanced
Budget and Emergency Deficit Control Act of 1985--
``(i) with respect to fiscal year 1994,
$21,900,000,000 in new budget authority and
$21,000,000,000 in outlays; and
``(ii) with respect to fiscal year 1995,
1996, 1997, or 1998, the level of new budget
authority and outlays of the preceding fiscal
year, including adjustments for inflation under
such section 251; and
``(C) for the domestic category, as adjusted in
strict conformance with section 251 of the Balanced
Budget and Emergency Deficit Control Act of 1985--
``(i) with respect to fiscal year 1994,
$211,000,000,000 in new budget authority and
$232,000,000,000 in outlays; and
``(ii) with respect to fiscal year 1995,
1996, 1997, or 1998, the level of new budget
authority and outlays of the preceding fiscal
year, including adjustments for inflation under
such section 251.''.
(c) Conforming Amendments.--(1) Section 601(b)(1) of the
Congressional Budget Act of 1974 is amended by striking ``or 1995'' and
inserting ``1995, 1996, 1997, or 1998''.
(2) Section 602(c) of the Congressional Budget Act of 1974 is
amended by striking ``1995'' and inserting ``1998''.
(3) Section 602(d) of the Congressional Budget Act of 1974 is
amended in its side heading by striking ``1995'' and inserting ``1998''
and by striking ``1995'' and inserting ``1998''.
(4) Section 606(c) of the Congressional Budget Act of 1974 is
amended--
(A) in subsection (a), by striking ``or 1995'' and
inserting ``1995, 1996, 1997, or 1998''; and
(B) in subsection (d), by striking ``and 1995'' and
inserting ``1995, 1996, 1997, and 1998''.
(5) Section 607 of the Congressional Budget Act of 1974 is amended
by striking ``1995'' and inserting ``1998''.
SEC. 3. CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY
DEFICIT CONTROL ACT OF 1985.
Part C of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended as follows:
(1) Section 250(a) is amended by striking ``1995'' and
inserting ``1998''.
(2) Section 250(c) is amended--
(A) in paragraph (4), by striking ``(A)'', by
striking ``1991, 1992, and 1993'' and inserting ``1991
through 1998'', and by repealing subparagraph (B);
(B) in paragraph (6)(B), by striking ``or 1995,''
and inserting ``1995, 1996, 1997, or 1998,''; and
(C) in paragraph (14), by striking ``1995'' and
inserting ``1998''.
(3)(A) The side heading of section 251(a) is amended by
striking ``1995'' and inserting ``1998''.
(B) Section 251(b) is amended--
(i) by striking ``or 1995'' and inserting ``1995,
1996, 1997, or 1998'' in the first sentence of
paragraph (1), in paragraph (1)(B)(i), in the first
sentence of paragraph (2), and in paragraph (2)(D);
(ii) in paragraph (1)(B), effective for fiscal year
1994, by striking clause (ii) and inserting the
following new clause:
``(ii) For a budget year the inflation adjustment factor
shall be measured by the average of the estimated gross
national product implicit price deflator index for a fiscal
year divided by the average of the prior fiscal year.'';
(iii) in the first sentence of paragraph (2) by
striking ``through 1995'' and inserting ``through
1998''; and
(iv) in paragraph (2)(F) by striking the comma after ``or
1993'' and all that follows and inserting a period.
(4)(A) The side heading of section 252(a) is amended by
striking ``1995'' and inserting ``1998''.
(B) Section 252(d) is amended by striking ``1995'' and
inserting ``1998'' each place it appears.
(C) Section 252(e) is amended by striking ``or 1995'' and
inserting ``1995, 1996, 1997, or 1998'' and by striking
``through 1995'' and inserting ``through 1998''.
(5) Section 253 is amended--
(A) in subsection (g)(1)(B), by inserting ``or any
subsequent fiscal year through 1998'' after ``fiscal
year 1994'', by striking ``fiscal years 1994 and 1995''
and inserting ``that fiscal year and the subsequent
fiscal year (through fiscal year 1998)'', by striking
the second sentence, and, in the last sentence, by
striking ``through fiscal year'' and all that follows
and inserting: ``shall be deemed to apply for that
fiscal year.'';
(B) in subsection (g)(1)(C), by striking ``or
1995'' and inserting ``1995, 1996, 1997, or 1998''; and
(C) in subsection (h), by striking ``fiscal year
1994 and fiscal year 1995'' both places it appears and
inserting ``fiscal year 1994, 1995, 1996, 1997, and
1998''.
(6) Section 254 is amended--
(A) in subsection (c), by striking ``or 1995'' and
inserting ``1995, 1996, 1997, or 1998'';
(B) in subsection (d)(2), by striking ``1995'' and
inserting ``1998''; and
(C) in paragraphs (2)(A) and (3) of subsection (g),
by striking ``1995'' and inserting ``1998''.
(7) Section 275(b) is amended by striking ``1995'' and
inserting ``1998''. | Budget Enforcement and Deficit Reduction Act of 1993 - Amends the Congressional Budget Act of 1974 to increase the maximum deficit amounts for FY 1994 and 1995 and to establish such amounts for FY 1996 through 1998.
Repeals discretionary spending limits for FY 1994 and 1995. Establishes such limits for FY 1994 through 1998 for the defense, international, and domestic categories. Requires adjustments to the international and domestic categories to be made in strict conformance with enforcement provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethanol Energy Promotion Act of
2001''.
SEC. 2. PROHIBITION ON USE OF MTBE AS A FUEL ADDITIVE
Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is amended
by adding the following at the end of paragraph (1): ``Effective on the
date of the enactment of this sentence, the use of methyl tertiary
butyl ether (MTBE) as a fuel additive is prohibited.''. The
Administrator of the Environmental Protection Agency shall amend the
regulations under section 211(c) of the Clean Air Act (42 U.S.C.
7545(c)) as promptly as practicable after the enactment of this Act to
conform to the amendment made by this section.
SEC. 3. WAIVER OF OXYGEN CONTENT REQUIREMENT REPEALED.
Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended
by striking out the second sentence.
SEC. 4. CREDITS FOR EXCEEDING REDUCTION IN CARBON MONOXIDE AND
VOLATILITY REQUIREMENTS.
Section 211(k)(7) of the Clean Air Act (42 U.S.C. 7545(k)(7)) is
amended by adding the following at the end thereof:
``(D) In addition to the credits described in
subparagraph (A), the Administrator shall also
promulgate regulations under this paragraph permitting
any person who refines, blends, or imports and
certifies a gasoline or a slate of gasoline with an
oxygen content that exceeds the minimum oxygen content
specified in paragraph (2) to take a volatility credit
for such gasoline. Such credit may be used to offset to
an appropriate extent, the Reid Vapor Pressure levels
requirements of subsection (h). The amount of the
credit that is appropriate shall be based on the ozone
forming potential of the gasoline concerned to insure
that allowance of such credit will not increase the
ozone forming potential of such gasoline above that of
other gasoline that meets the requirements of this
subsection.''.
SEC. 5. FEDERAL VEHICLES.
Section 248(f) of the Clean Air Act (42 U.S.C. 7588(f)) is amended
by inserting the following before the period at the end thereof: ``,
and all such vehicles shall be clean fuel vehicles certified under this
part capable of using ethanol as fuel and shall use ethanol wherever
economically feasible, as determined by the Administrator''.
SEC. 6. SMALL ETHANOL PRODUCER CREDIT.
(a) Allocation of Alcohol Fuels Credit to Patrons of a
Cooperative.--Section 40(g) Internal Revenue Code of 1986 (relating to
definitions and special rules for eligible small ethanol producer
credit) is amended by adding at the end the following:
``(6) Allocation of small ethanol producer credit to
patrons of cooperative.--
``(A) Election to allocate.--
``(i) In general.--Notwithstanding
paragraph (4), in the case of a cooperative
organization described in section 1381(a), any
portion of the credit determined under
subsection (a)(3) for the taxable year may, at
the election of the organization, be
apportioned pro rata among patrons of the
organization on the basis of the quantity or
value of business done with or for such patrons
for the taxable year.
``(ii) Form and effect of election.--An
election under clause (i) for any taxable year
shall be made on a timely filed return for such
year. Such election, once made, shall be
irrevocable for such taxable year.
``(B) Treatment of organizations and patrons.--The
amount of the credit apportioned to patrons under
subparagraph (A)--
``(i) shall not be included in the amount
determined under subsection (a) with respect to
the organization for the taxable year,
``(ii) shall be included in the amount
determined under subsection (a) for the taxable
year of each patron for which the patronage
dividends for the taxable year described in
subparagraph (A) are included in gross income,
and
``(iii) shall be included in gross income
of such patrons for the taxable year in the
manner and to the extent provided in section
87.
``(C) Special rules for decrease in credits for
taxable year.--If the amount of the credit of a
cooperative organization (as so defined) determined
under subsection (a)(3) for a taxable year is less than
the amount of such credit shown on the return of the
cooperative organization for such year, an amount equal
to the excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such
patrons under subparagraph (A) for the taxable
year,
shall be treated as an increase in tax imposed by this
chapter on the organization. Such increase shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this subpart
or subpart A, B, E, or G.''.
(b) Definition of Small Ethanol Producer; Improvements to Small
Ethanol Producer
Credit.--
(1) Definition of small ethanol producer.--
(A) In general.--Section 40(g)(1) of the Internal
Revenue Code of 1986 (relating to eligible small
ethanol producer) is amended by striking ``30,000,000''
and inserting ``60,000,000''.
(B) Conforming amendments.--Section 40(g) of such
Code is amended by striking ``30,000,000'' both places
it appears in paragraphs (2) and (5)(A) and inserting
``60,000,000''.
(2) Small ethanol producer credit not a passive activity
credit.--Clause (i) of section 469(d)(2)(A) of such Code
(relating to passive activity credit) is amended by striking
``subpart D'' and inserting ``subpart D, other than section
40(a)(3),''.
(3) Allowing credit against minimum tax.--
(A) In general.--Subsection (c) of section 38 of
such Code (relating to limitation based on amount of
tax) is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the
following:
``(3) Special rules for small ethanol producer credit.--
``(A) In general.--In the case of the small ethanol
producer credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraphs (A) and (B)
thereof shall not apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the small
ethanol producer credit).
``(B) Small ethanol producer credit.--For purposes
of this subsection, the term `small ethanol producer
credit' means the credit allowable under subsection (a)
by reason of section 40(a)(3).''.
(B) Conforming amendment.--Subclause (II) of
section 38(c)(2)(A)(ii) of such Code is amended by
inserting ``or the small ethanol producer credit''
after ``employment credit''.
(4) Small ethanol producer credit not added back to income
under section 87.--Section 87 of such Code (relating to income
inclusion of alcohol fuel credit is amended to read as follows:
``SEC. 87. ALCOHOL FUEL CREDIT.
``Gross income includes an amount equal to the sum of--
``(1) the amount of the alcohol mixture credit determined
with respect to the taxpayer for the taxable year under section
40(a)(1), and
``(2) the alcohol credit determined with respect to the
taxpayer for the taxable year under section 40(a)(2).''.
(c) Conforming Amendment.--Section 1388 of the Internal Revenue
Code of 1986 (relating to definitions and special rules for cooperative
organizations) is amended by adding at the end the following:
``(k) Cross Reference.--For provisions relating to the
apportionment of the alcohol fuels credit between cooperative
organizations and their patrons, see section 40(d)(6).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Ethanol Energy Promotion Act of 2001 - Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether as a fuel additive.Removes authority of the Administrator of the Environmental Protection Agency to waive the reformulated gasoline oxygen content requirement for an ozone nonattainment area.Directs the Administrator to promulgate regulations permitting a person who refines, blends, or imports and certifies gasoline with an oxygen content exceeding the minimum to take a volatility credit, based on the gasoline's ozone forming potential, to offset applicable Reid Vapor Pressure levels requirements.Requires Federal agency fleet vehicles to be certified as capable of using ethanol and to use ethanol wherever economically feasible.Amends the Internal Revenue Code with respect to the small ethanol producer credit to: (1) authorize credit allocation among a cooperative's patrons; (2) increase the gallon capacity for eligible producers; (3) make the credit a non-passive income credit; and (4) remove the credit from the alcohol fuel credit gross income inclusion. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Accountability and
Corporate Responsibility Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Substantial Federal funding, including roughly $8
billion through the American Recovery and Reinvestment Act
(Public Law 111-5), has been or will be awarded to various
States to make high-speed rail in the United States a reality.
Significant additional Federal funding for high-speed rail is
anticipated in the coming years.
(2) Design, engineering, construction, operation, and
maintenance of the rail lines, among other responsibilities,
will be provided by any number of entities following
competitive bidding processes at the various State levels.
(3) High-speed rail offers tremendous economic,
environmental, and other benefits. Specifically, high-speed
rail will reduce travel time between population centers, remove
millions of tons of carbon and other greenhouse gasses from the
atmosphere, and provide jobs in engineering, construction,
operations, maintenance, and other areas.
(4) Given the substantial amount of Federal funds involved,
it is critical that proper due diligence be performed on
prospective bidders and it is imperative that companies
receiving such Federal funds represent our shared commitment to
human rights, respect, decency, and corporate ethics and
responsibility.
(5) Certain entities that have expressed an interest in
competing for high-speed rail grants in a number of States have
engaged in conduct which requires public disclosures and
scrutiny.
(6) Between March 1942 and August 1944, 75,000 Jews and
thousands of other ``undesirables'' were deported from France
to extermination and death camps on trains operated for profit
by certain companies that have expressed an intent to compete
for contracts relating to high-speed rail projects. United
States airmen who were shot down over France were among the
persons deported on these trains to those extermination and
death camps such as Auschwitz and Buchenwald.
(7) Tragically, the victims who were on these trains, many
of whom now reside in the United States, and their families
have yet to receive any measure of justice. Nonetheless, these
victims and their families are facing the prospect that their
Federal tax dollars may be awarded to a company responsible for
transporting them and their loved ones to extermination and
death camps for profit.
SEC. 3. DEFINITIONS.
In this Act:
(1) Direct involvement.--The term ``direct involvement''
means ownership or operation of the trains on which individuals
were deported to extermination camps, death camps, or any
facility used for the purpose of transiting individuals to
extermination or death camps, during the period beginning on
January 1, 1942, and ending on December 31, 1944.
(2) Entity.--
(A) In general.--The term ``entity'' means any
corporation, affiliate, or other entity that controls,
is controlled by or is under common control with, or
that is a member of a partnership or a consortium with,
an entity that certifies that it had any direct
involvement described in section 4(a).
(B) Presumption of control.--An entity shall be
presumed to be in control of another corporation or
entity if it directly or indirectly controls more than
50 percent of the voting securities of the other
corporation or entity.
(C) Equity interest by foreign state.--Such term
shall apply irrespective of whether or not any equity
interest in the entity is or was owned by a foreign
state or government, and if an equity interest in the
entity is or was owned by such a foreign state, such
term shall refer to the corporate entity itself and not
to such foreign state.
(3) Property.--The term ``property'' means any personal
belongings owned or controlled by the victims of the
deportations which may have been taken or confiscated in
connection with the deportations, including jewelry, books,
artifacts, precious metals, and currency.
(4) Records.--The term ``records'' includes any documents,
correspondence, memoranda, receipts, invoices, presentations,
audits, and any other related materials.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 4. CERTAIN ENTITIES INELIGIBLE FOR FEDERALLY FUNDED HIGH-SPEED
RAIL CONTRACTS.
(a) In General.--Any entity that applies for a contract with any
agency or instrumentality of a State or local government for any high-
speed rail project (including the design, engineering, construction,
manufacture, or operation of a high-speed rail network or any
components thereof) that is funded, either partially or fully, by the
Federal Government shall certify to such agency, in advance of
submitting a formal bid to such agency, whether or not such entity had
any direct involvement in the deportation of any individuals to
extermination camps, death camps, or any facility used for the purpose
of transiting individuals to extermination or death camps, during the
period beginning on January 1, 1942, and ending on December 31, 1944.
(b) Disclosures.--If an entity certifies that it had any direct
involvement described in subsection (a), the entity shall certify and
disclose to the agency or instrumentality of a State or local
government the following:
(1) Whether the entity has any records related to the
deportations in its possession, custody, or control. If an
entity acknowledges that it has any such records, it shall
describe in detail the full contents of such records and the
specific locations where such records are maintained.
(2) Whether the entity has any property taken or
confiscated in connection with such deportations in its
possession, custody or control. If an entity acknowledges that
it has any such property, it must describe in detail the
specific property in its possession, custody, or control and
the specific locations where such property is maintained. If
such entity does not have any such property in its possession,
custody, or control, such entity must describe in detail the
point in time and the manner in which the entity disposed of or
converted the property.
(3) Whether the entity has provided restitution and
reparations to all identifiable victims of the deportations
described in subsection (a) or to their families, and whether
the entity has otherwise reached a settlement agreement with
all identifiable victims of such deportations or their
families.
(c) Mitigating Circumstances.--Any entity that certifies that it
had any direct involvement described in subsection (a) may, at its own
discretion, provide any mitigating circumstances in narrative and
documentary form and include such narrative and documentary in its
disclosures.
(d) Ineligibility.--Any entity that certifies that it had any
direct involvement described in subsection (a) shall be ineligible to
be awarded a contract with any agency or instrumentality of a State or
local government for any high-speed rail project described in such
subsection if such entity has failed to make restitutions and
reparations or reach a settlement agreement as described in subsection
(b)(3). | Holocaust Accountability and Corporate Responsibility Act of 2010 - Prescribes a certification requirement for certain entities that apply to a state or local government agency for a contract for a federally-funded high-speed rail project.
Defines such an entity as a corporation, affiliate, or other entity that controls, is controlled by, or is a member of a partnership or a consortium with, an entity that certifies it had direct involvement in the ownership or operation of the trains on which individuals were deported to extermination camps, death camps, or any facility used to transit individuals to extermination or death camps, between January 1, 1942, and December 31, 1944.
Requires such an entity to certify to such agency: (1) whether or not it had any such direct involvement; and (2) if so, to disclose whether it has records, taken property, or made restitution to the victims or their families in connection with such deportations.
Prohibits the award of any contract for a high-speed rail project to any entity certifying direct involvement in such deportations that has failed to make restitution to such victims or their families. | billsum_train |
Provide a summary of the following text: SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Terrorist Attacks
Upon the United States (in this Act referred to as the ``Commission'').
SEC. 2. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the terrorist attacks of September 11, 2001, occurring at
the World Trade Center in New York, New York and at the
Pentagon in Virginia;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the attacks;
(3) make a full and complete accounting of the
circumstances surrounding the attacks, and the extent of the
United States' preparedness for, and response to, the attacks;
and
(4) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent acts of terrorism.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) Members.--Subject to the requirements of subsection (b), the
Commission shall be composed of 10 members, of whom--
(1) 3 members shall be appointed by the majority leader of
the Senate;
(2) 3 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--No member of the
Commission shall be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services,
legal practice, public administration, intelligence gathering,
commerce, including aviation matters, and foreign affairs.
(c) Chairperson; Vice Chairperson.--
(1) In general.--Subject to the requirement of paragraph
(2), the Chairperson and Vice Chairperson of the Commission
shall be elected by the members.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
(d) Initial Meeting.--If 60 days after the date of enactment of
this Act, 6 or more members of the Commission have been appointed,
those members who have been appointed may meet and, if necessary,
select a temporary Chairperson and Vice Chairperson, who may begin the
operations of the Commission, including the hiring of staff.
(e) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairperson or a majority of its
members. Six members of the Commission shall constitute a quorum. Any
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
SEC. 4. FUNCTIONS OF THE COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) investigate the relevant facts and circumstances
relating to the terrorist attacks of September 11, 2001,
including any relevant legislation, Executive order,
regulation, plan, policy, practice, or procedure;
(2) identify, review, and evaluate the lessons learned from
the terrorist attacks of September 11, 2001, regarding the
structure, coordination, management policies, and procedures of
the Federal Government, and, if appropriate, State and local
governments and nongovernmental entities, relative to
detecting, preventing, and responding to such terrorist
attacks; and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations.
(b) Scope of Investigation.--For purposes of subsection (a)(1), the
term ``facts and circumstances'' includes facts and circumstances
relating to--
(1) intelligence agencies;
(2) law enforcement agencies;
(3) diplomacy;
(4) immigration, nonimmigrant visas, and border control;
(5) the flow of assets to terrorist organizations;
(6) commercial aviation; and
(7) other areas of the public and private sectors
determined relevant by the Commission for its inquiry.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may, for purposes of
carrying out this Act--
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, papers, and documents.
(b) Subpoenas.--
(1) Service.--Subpoenas issued under subsection (a)(2) may
be served by any person designated by the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under subsection
(a)(2), the United States district court for the
judicial district in which the subpoenaed person
resides, is served, or may be found, or where the
subpoena is returnable, may issue an order requiring
such person to appear at any designated place to
testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(B) Additional enforcement.--Sections 102 through
104 of the Revised Statutes of the United States (2
U.S.C. 192 through 194) shall apply in the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under authority of this
section.
(c) Closed Meetings.--Notwithstanding any other provision of law
which would require meetings of the Commission to be open to the
public, any portion of a meeting of the Commission may be closed to the
public if the President determines that such portion is likely to
disclose matters that could endanger national security.
(d) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(e) Information From Federal Agencies.--The Commission may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Commission
conducted under this Act. Each such department, agency, or
instrumentality shall, to the extent authorized by law, furnish such
information directly to the Commission upon request.
(f) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(g) Gifts.--The Commission may, to such extent and in such amounts
as are provided in appropriation Acts, accept, use, and dispose of
gifts or donations of services or property.
(h) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(i) Powers of Subcommittees, Members, and Agents.--Any
subcommittee, 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.
SEC. 6. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson and the Vice Chairperson, acting jointly.
(b) Staff.--The Chairperson, in consultation with the Vice
Chairperson, may appoint additional personnel as may be necessary to
enable the Commission to carry out its functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
no rate of pay fixed under this subsection may exceed the equivalent of
that payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code. Any individual appointed
under subsection (a) or (b) shall be treated as an employee for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 7. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate executive departments and agencies shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances in a manner
consistent with existing procedures and requirements, except that no
person shall be provided with access to classified information under
this section who would not otherwise qualify for such security
clearance.
SEC. 9. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to the
President and Congress an initial report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(b) Final Report.--Not later than 6 months after the submission of
the initial report of the Commission, the Commission shall submit to
the President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out this Act $3,000,000, to remain available until expended. | Establishes a National Commission on Terrorist Acts Upon the United States. Directs the Commission to: (1) investigate facts and circumstances relating to the September 11, 2001 terrorist attacks; and (2) evaluate lessons learned regarding the abilities of the Federal Government, and, if appropriate, of State and local governments and nongovernmental entities to detect, prevent, and respond to such attacks. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Premarket Predictability Act of
2011''.
SEC. 2. TRACKING AND REVIEW OF APPLICATIONS FOR INVESTIGATIONAL DEVICE
EXEMPTIONS.
Section 520(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360j(g)) is amended by adding at the end the following:
``(8)(A) Upon the submission of an application for an exemption for
a device under this subsection, the submission of a request to classify
a device under section 513, or the submission of a report for a device
under section 510(k), whichever occurs first, the Secretary shall
assign a tracking number to the device.
``(B) The Secretary shall use such tracking number to record the
following interactions between the Secretary and applicant with respect
to the device:
``(i) Submission or approval of an application for an
exemption under this subsection.
``(ii) Submission or clearance of a report under section
510(k).
``(iii) Any meeting or meeting request, including in
anticipation of the submission of such an application or
report.
``(iv) Submission or approval of an application under
section 515(c).
``(v) Any formal or informal request by the Secretary for
additional information.
``(vi) Any deficiency letter.
``(vii) Any response by the applicant to a request
described in clause (v) or a deficiency letter.
``(viii) Any written submission by the applicant to the
Food and Drug Administration.
``(ix) Any other matter, as determined appropriate by the
Secretary.
``(9) Upon the submission of an application for an exemption under
this subsection for a device, the Secretary shall assign, to review the
application, a reviewer with prior review experience with that type of
device or technology or other relevant expertise.''.
SEC. 3. OTHER RULES RELATING TO INVESTIGATIONAL DEVICE EXEMPTIONS.
Section 520(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360j(g)) is amended--
(1) in paragraph (2)(A), by adding at the end the
following: ``Procedures and conditions pursuant to the
preceding sentence shall require the Secretary, in determining
whether to grant such an exemption, to evaluate whether the
investigational study can be conducted ethically and with
reasonable risk.'';
(2) in paragraph (2)(B)(ii), by striking ``evaluate the
safety and effectiveness of the device'' and inserting
``evaluate whether the investigational study is being conducted
ethically and with reasonable risk'';
(3) in paragraph (4)(B), by adding at the end the
following: ``The Secretary may not disapprove an application
because the investigation does not or may not meet any
requirement, including a data requirement, relating to the
approval or clearance of a device because the Secretary
believes that a different clinical testing design or plan could
produce data more relevant to an approval or clearance
decision.'';
(4) in paragraph (7)(A), by striking ``(7)(A) In the case''
and all that follows through the end paragraph (7)(A) and
inserting the following:
``(7)(A)(i) In the case of a person intending to investigate the
safety or effectiveness of a class II or a class III device, the
Secretary shall ensure that the person has an opportunity, prior to
submitting an application to the Secretary, to submit to the Secretary,
for review, an investigational plan (including a clinical protocol). If
the applicant submits a written request for a meeting with the
Secretary regarding such review, the Secretary shall, not later than 30
days after receiving the request, meet with the applicant for the
purpose of reaching agreement regarding the investigational plan
(including a clinical protocol). The written request shall include a
detailed description of the device, a detailed description of the
proposed conditions of use of the device, information (if available)
regarding the expected performance of the device, and a proposed plan
(including a clinical protocol) for determining--
``(I) whether there is a reasonable assurance of safety and
effectiveness; or
``(II) whether the device is substantially equivalent to or
is at least as safe and effective as a legally marketed device
that is not subject to approval requirements under section 515.
``(ii) In the case where the Secretary fails to meet the applicant
not later than 30 days after receiving a request as described under
clause (i), the proposed plan submitted in such request shall be deemed
to be the agreement reached between the Secretary and the applicant
under subparagraph (B) and such agreement shall not be subject to
change except as provided in subparagraph (B).''; and
(5) in paragraph (7)(B)(ii), by inserting ``that has
emerged since the date of the agreement and that is'' after
``substantial scientific issue''.
SEC. 4. CLARIFICATION OF LEAST BURDENSOME STANDARD.
(a) Premarket Approval.--Section 513(a)(3)(D) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360c(a)(3)(D)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following:
``(iii) In carrying out clause (ii), the Secretary--
``(I) shall not request information unrelated or irrelevant
to a demonstration of reasonable assurance of device
effectiveness;
``(II) shall consider alternative approaches to evaluating
device effectiveness in order to reduce the time, effort, and
cost of reaching proper resolution of the issue;
``(III) shall use all reasonable mechanisms to lessen
review times and render regulatory decisions;
``(IV) shall consider whether pre-clinical data, such as
well-designed bench and animal testing, can meet the statutory
threshold for approval; and
``(V) if clinical data are needed, shall consider
alternatives to randomized, controlled clinical trials and the
use of surrogate endpoints.''.
(b) Substantial Equivalence Determination.--Section 513(i)(1)(D) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)(1)(D)) is
amended--
(1) by striking ``(D) Whenever'' and inserting ``(D)(i)
Whenever''; and
(2) by adding at the end the following:
``(ii) In carrying out clause (i), the Secretary--
``(I) shall focus on whether there is a reasonable
assurance that the device is safe and effective for its
intended use;
``(II) shall not request or accept information unrelated or
irrelevant to the substantial equivalence evaluation;
``(III) shall review the labeling of the device to assess
the intended use of the device, and shall not evaluate issues
that do not present a major impact on the intended use as set
forth in the labeling;
``(IV) shall consider alternative approaches to evaluating
substantial equivalence in order to reduce the time, effort,
and cost of reaching proper resolution of the issue; and
``(V) shall use all reasonable mechanisms to lessen review
times and render regulatory decisions.''.
SEC. 5. AGENCY DOCUMENTATION AND REVIEW OF SIGNIFICANT DECISIONS.
Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by
inserting after section 517 (21 U.S.C. 360g) the following:
``SEC. 517A. AGENCY DOCUMENTATION AND REVIEW OF SIGNIFICANT DECISIONS
REGARDING DEVICES.
``(a) Documentation of Rationale for Significant Decisions.--
``(1) In general.--The Secretary shall completely document
the scientific and regulatory rationale for any significant
decision of the Center for Devices and Radiological Health
regarding submission or review of a report under section
510(k), an application under section 515, or an application for
an exemption under section 520(g), including documentation of
significant controversies or differences of opinion and their
resolution.
``(2) Provision of documentation.--Upon request, the
Secretary shall furnish such complete documentation to the
person who is seeking to submit, or who has submitted, such
report or application.
``(b) Appeal Rights and Procedures.--
``(1) Appeal to center director.--Any person may, within 30
days after a significant decision described in subsection
(a)(1), appeal such decision to the Director of the Center for
Devices and Radiological Health (in this subsection referred to
as the `Center Director').
``(2) Petition; procedures.--The Center Director--
``(A) may require that an appeal under paragraph
(1) be in writing and set forth the decision being
appealed and the grounds for the appeal; and
``(B) subject to paragraph (6), may provide for
such procedures as may be necessary with respect to
such an appeal.
``(3) Resolution by center director.--
``(A) Meeting.--The Center Director shall provide,
upon the request of any person bringing an appeal under
paragraph (1), for at least one meeting, to be held
within 45 days after the filing of the appeal, to
discuss the significant decision involved, the appeal
of such decision, and possible resolutions of the
appeal.
``(B) Final decision.--The Center Director shall
issue a final written decision resolving any appeal
under paragraph (1), including the grounds for such
decision, not later than 90 days after the filing of
the appeal.
``(4) Appeal to commissioner.--
``(A) In general.--Any person who files an appeal
under paragraph (1)--
``(i) within 30 days after receiving any
decision of the Center Director resolving the
appeal, may appeal such decision to the
Commissioner; or
``(ii) if the Center Director has not made
a decision resolving the appeal under paragraph
(1) within 90 days after the filing of such
appeal, may file directly with the Commissioner
an appeal of the significant decision subject
to such appeal under paragraph (1).
``(B) Final decision.--The Commissioner shall issue
a final written decision resolving any appeal under
subparagraph (A), including the grounds for such
decision, not later than 30 days after the filing of
such appeal under subparagraph (A).
``(5) Report.--The Commissioner shall issue a public report
on at least an annual basis that sets forth--
``(A) the number of appeals under paragraph (1) and
the disposition of those appeals;
``(B) for each appeal under paragraph (1), the
number of days taken to reach a final decision under
paragraph (3)(B);
``(C) the number of appeals to the Commissioner
under paragraph (4)(A), including the number of such
appeals under paragraph (4)(A)(ii), and the disposition
of those appeals; and
``(D) the number of appeals for which the
Commissioner does not issue a final decision within 30
days as required by paragraph (4)(B).
``(6) Authority of secretary to establish appeal procedures
and timelines.--
``(A) Establishment.--Subject to subparagraph (B),
the Secretary may, by regulation or guidance, establish
appeal procedures or timelines applicable to appeals
under paragraph (1) or (4).
``(B) Limitation.--No procedure or timeline
established under subparagraph (A) may alter any
requirement or extend or delay any timeline specified
in any of paragraphs (1) through (5).''.
SEC. 6. TRANSPARENCY IN CLEARANCE PROCESS.
(a) Publication of Detailed Decision Summaries.--Section 520(h) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(h)) is amended
by adding at the end the following:
``(5) Subject to subsection (c) and section 301(j), the Secretary
shall regularly publish detailed decision summaries for each clearance
of a device under section 510(k).''.
(b) Application.--The requirement of section 520(h)(5) of the
Federal Food, Drug, and Cosmetic Act, as added by subsection (a),
applies only with respect to clearance of a device occurring after the
date of the enactment of this Act. | Premarket Predictability Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to assign a tracking number to a medical device upon submission of: (1) an application for an exemption of a device for investigational use, (2) a request to classify a device, or (3) a premarket report or notification related to a device. Requires the Secretary to use the tracking number to record interactions between the Secretary and applicant with respect to the device.
Directs the Secretary to: (1) assign a reviewer with prior review experience with the type of of device or technology involved or other relevant expertise to review an application for an exemption of a device for investigational use, and (2) evaluate whether the investigational study can be conducted ethically with reasonable risk in determining whether to grant an exemption for investigational use.
Prohibits the Secretary from disapproving an application because the investigation does not or may not meet any requirement relating to the approval or clearance of a device because the Secretary believes that a different clinical testing design or plan could produce data more relevant to an approval or clearance decision.
Revises the procedures relating to submission of an application to investigate a class II or a class III device, which may include a plan for determining whether the device is substantially equivalent to or is at least as safe and effective as a legally marketed device that is not subject to premarket approval requirements.
Sets forth requirements for the Secretary to meet in determining the least burdensome appropriate means of evaluating medical device effectiveness that would have a reasonable likelihood of resulting in approval.
Requires the Secretary to document the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding device review, approval, or exemption. Sets forth appeal procedures. Requires the Secretary to regularly publish detailed decision summaries for each clearance of a device not requiring premarket approval. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural and Small Town Telework Tax
Credit Act of 2009''.
SEC. 2. EMPLOYER CREDIT FOR TELEWORKING EQUIPMENT AND EXPENSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45R. TELEWORKING EQUIPMENT CREDIT.
``(a) In General.--In the case of an employer, the teleworking
credit determined under this section is an amount equal to--
``(1) the cost of qualified teleworking equipment placed in
service by the taxpayer during the taxable year, and
``(2) the amount of expenses paid or incurred by the
taxpayer during the taxable year to maintain qualified
teleworking equipment.
``(b) Limitation.--The credit determined under this section for a
taxable year shall not exceed the lesser of--
``(1) $1,000 with respect to each qualified teleworking
employee of the employer, or
``(2) $50,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified teleworking equipment.--The term `qualified
teleworking equipment' means telecommunication equipment--
``(A) which is used to enable employees of the
taxpayer to telework, and
``(B) the original use of which begins with the
taxpayer.
``(2) Qualified teleworking employee.--The term `qualified
teleworking employee' means a teleworking employee who
teleworks in any county or group of counties that--
``(A) is not designated by the Office of Management
and Budget as either a micropolitan statistical area or
metropolitan statistical area,
``(B) is designated by the Office of Management and
Budget as a micropolitan statistical area, or
``(C) is designated by the Office of Management and
Budget as a metropolitan statistical area with a
population of no more than 200,000 people.
``(3) Teleworking employee.--The term `teleworking
employee' means any employee of the taxpayer who performs
services for the taxpayer under an arrangement under which the
employee teleworks for the taxpayer at least 20 hours per week
during the taxable year.
``(4) Telework.--The term `telework' means to perform work
functions using electronic information and communication
technologies and thereby reducing or eliminating the physical
commute to and from the traditional worksite.
``(d) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, the
basis of any property for which a credit is determined under
subsection (a) shall be reduced by the amount of credit so
determined.
``(2) Controlled groups.--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 for purposes of this section.
``(3) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit during the useful life
of such property.
``(4) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to expenses related to such property.
``(5) Election not to take credit.--No credit shall be
allowed under subsection (a) for any property or expense if the
taxpayer elects to have this section not apply with respect to
such property or expense.
``(6) Denial of double benefit.--No deduction shall be
allowed under this chapter with respect to any expense which is
taken into account in determining the credit under this
section.''.
(b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code is amended by striking ``and'' at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(38) to the extent provided in section 45R(d)(1).''.
(c) Credit To Be Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'', and by adding at the end of following new paragraph:
``(36) in the case of an employer, the teleworking credit
determined under section 45R(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45R. Teleworking equipment credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service, and expenses paid or incurred,
after the date of the enactment of this Act in taxable years ending
after such date. | Rural and Small Town Telework Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow employers a tax credit for the cost of installing and maintaining qualified teleworking equipment (i.e., electronic and communications equipment used to eliminate the commute to and from traditional worksites). Limits the amount of such credit to the lesser of $1,000 for each teleworking employee or $50,000. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Communication Site Fee Act
of 1994''.
SEC. 2. RADIO AND TELEVISION USE FEE.
The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.) is amended--
(1) by redesignating sections 510 and 511 as sections 511
and 512, respectively; and
(2) by inserting after section 509, the following new
section 510:
``SEC. 510. USE FEES FOR USERS OF COMMUNICATIONS SITES ON PUBLIC LANDS.
``(a) Definitions.--For the purposes of this section--
``(1) the term `ADI TV households' means the area of
dominant influence for television, an exclusive geographic area
based on measurable television viewing patterns, as described
in section 73.3555(e)(3)(i) of title 47, Code of Federal
Regulations, or any succeeding regulation;
``(2) the term `commercial mobile radio communications
site' means a multipurpose communications site that is--
``(A) operated for profit;
``(B) operated by a site owner, manager, or
permittee who leases space to a variety of users,
including individuals and businesses of all sizes, for
the purpose of providing--
``(i) land mobile radio communications
services;
``(ii) paging services;
``(iii) cellular telephone services;
``(iv) private or commercial mobile
services;
``(v) radio or television broadcasting
services;
``(vi) microwave transmissions; and
``(vii) satellite receiver stations; and
other related and compatible users and
services; and
``(C) is located on a site managed by either the
United States Forest Service or the Bureau of Land
Management under the terms of a lease, permit, or
right-of-way;
``(3) the term `FM translator station' means a station in
the broadcast service operated for the purpose of
retransmitting the signals of an FM radio broadcast station or
another FM broadcast translator station without significantly
altering any characteristic of the incoming signal other than
its frequency and amplitude, for the purpose of providing FM
broadcast service to the general public;
``(4) the term `holder' means an individual, partnership,
corporation, association, or other business entity, and any
Federal, State, or governmental entity that has applied for,
and received, a site use authorization;
``(5) the term `MSA population' means the metropolitan
market survey area for radio in an exclusive geographic area
based on measurable listening patterns;
``(6) the term `private radio communication site' means a
communications site that--
``(A) is operated by an entity to provide internal
telecommunications capabilities;
``(B) is operated by an individual, industry, or
other entity with private telecommunications service
requirements;
``(C) provides land mobile, aeronautical, maritime,
microwave, or satellite radio services; and
``(D) is located on a site managed by either the
National Forest Service or the Bureau of Land
Management under the terms of a lease, permit, or
right-of-way;
``(7) the term `radio broadcast communications site' means
a site on which is located a commercial broadcast station
that--
``(A) is licensed for the dissemination of aural
communications intended to be received by the general
public;
``(B) is operated on a channel in either--
``(i) the AM broadcast band of frequencies,
which extends from 535 to 1705 kHz; or
``(ii) the FM broadcast band, which extends
from 88 to 108 MHz;
``(C) is located on a site managed by either the
United States Forest Service or the Bureau of Land
Management under the terms of a lease, permit, or
right-of-way; and
``(D) does not include the operation of--
``(i) FM translators;
``(ii) FM boosters;
``(iii) AM synchronous transmitters; or
``(iv) passive repeaters that operate
pursuant to part 74 of title 47, Code of
Federal Regulations, or succeeding regulation;
``(8) the term `Secretaries' means the Secretary of
Agriculture and the Secretary of the Interior;
``(9) the term `site use authorization' means a permit,
term permit, lease, easement, or right-of-way that authorizes
occupancy, use, rights, or privileges on public land for the
transmission or reception of radio, television, telephone,
telegraph, and other electronic signals and other means of
communication;
``(10) the term `television broadcast communications site'
means a site on which is located a commercial broadcast station
that--
``(A) is licensed for the transmission of
simultaneous visual and aural signals intended to be
received by the general public;
``(B) is operated on a channel in the television
broadcast band, which extends from 54 to 806 MHz;
``(C) is located on a site managed by either the
United States Forest Service or the Bureau of Land
Management under the terms of a lease, permit, or
right-of-way; and
``(D) does not include the operation of--
``(i) low power television stations;
``(ii) UHF or VHF television translator
stations; or
``(iii) passive repeaters that operate
pursuant to part 74 of title 47, Code of
Federal Regulations, or succeeding regulation;
and
``(11) the term `television translator station' means a
station in the broadcast service operated on a VHF or UHF
channel for the purpose of retransmitting the programs and
signals of a television broadcast station, without
significantly altering any characteristic of the original
signal other than its frequency and amplitude, for the purpose
of providing television reception to the general public.
``(b) Broadcast Communications Sites.--
``(1) Establishment of fee.--The Secretary of Agriculture,
with respect to National Forest System land administered by the
Forest Service, and the Secretary of the Interior, with respect
to public lands administered by the Bureau of Land Management,
shall establish and collect an annual fee for the use of radio
and television communications sites and commercial mobile radio
communications sites located on public lands in accordance with
the following fee schedules:
``(A) Television and radio broadcast communications
sites.--
``Television Rental Fee Schedule
------------------------------------------------------------------------
``ADI TV Households (Rank) Rental Fee
------------------------------------------------------------------------
1-10 $42,000
------------------------------------------------------------------------
11-30 21,000
------------------------------------------------------------------------
31-70 10,500
------------------------------------------------------------------------
71-120 5,250
------------------------------------------------------------------------
121-210 2,625
------------------------------------------------------------------------
Non-ADI 2,500.
------------------------------------------------------------------------
``Radio Rental Fee Schedule
------------------------------------------------------------------------
``MSA Population (Rank) Radio Rental Fee
------------------------------------------------------------------------
1-10 $29,400
------------------------------------------------------------------------
11-30 14,700
------------------------------------------------------------------------
31-90 7,350
------------------------------------------------------------------------
91-160 3,675
------------------------------------------------------------------------
161-261 1,838
------------------------------------------------------------------------
Unrated 1,500.
------------------------------------------------------------------------
``(B) Commercial mobile radio communications
sites.--
``Nonbroadcast Fee Schedule
------------------------------------------------------------------------
``Population Served Rental Fee
------------------------------------------------------------------------
1,000,000+ $12,000
------------------------------------------------------------------------
500,000-999,999 5,000
------------------------------------------------------------------------
250,000-499,999 3,500
------------------------------------------------------------------------
150,000-249,999 2,000
------------------------------------------------------------------------
75,000-149,999 1,000
------------------------------------------------------------------------
30,000-74,999 500
------------------------------------------------------------------------
29,999 and fewer 300.
------------------------------------------------------------------------
``(2) Annual review.--The fees established under this
section shall be reviewed annually by the Forest Service and
the Bureau of Land Management.
``(3) Adjustment.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the fee established under this section shall be
adjusted annually to reflect changes in the Consumer
Price Index published by the Department of Labor.
``(B) Limitations.--
``(i) The fee charged for a television or
radio broadcast communications site for any
given year shall not increase less than 3
percent or more than 5 percent of the fee
charged to the holder in the preceding year.
``(ii) The fee charged for a commercial
mobile radio communications site for any given
year shall not increase less than 1 percent or
more than 3 percent of the fee charged to the
holder in the preceding year.
``(C) Notice.--Not later than 60 days before the
effective date of an adjustment under this paragraph,
the Secretaries shall transmit to Congress notice of
such adjustment.
``(4) Limitation on fee.--During the first year in which
the schedule established pursuant to paragraph (1) is in
effect, if the amount of the fee charged for a holder pursuant
to the schedule is--
``(A) greater than the amount that the holder paid
for the use of the site on January 1, 1993, plus
$1,000, the holder shall pay an amount equal to the sum
of--
``(i) the amount the holder paid for the
use of the site on January 1, 1993; and
``(ii) $1,000; or
``(B) less than the amount the holder paid for the
use of the site on January 1, 1993, the holder shall
pay the greater amount until such time as the fee
charged under the schedule equals or exceeds the amount
charged on January 1, 1993.
``(5) Additional users.--In the case of a television or
radio communications site--
``(A) if a holder is permitted under the terms of
the site use authorization to grant access to the site
to users other than the holder, the Secretary concerned
shall charge an annual fee in an amount equal to 25
percent of the gross income the holder receives from
additional users during each year;
``(B) each site use authorization shall require the
holder to provide to the Secretary concerned a
certified list identifying all additional users of the
site and gross revenues received from each additional
user; and
``(C) additional users shall not be required to
obtain separate authorization to use the site.
``(6) Translator stations.--The Secretary of the Interior,
with respect to public lands administered by each of its
internal bureaus, including the Bureau of Land Management,
shall establish and collect an annual fee for the use of
television translator stations and FM translator stations
located on public lands, in accordance with the regulations
governing the collection of such fees on National Forest System
land administered by the National Forest Service of the
Department of Agriculture.
``(7) Regulations.--The Secretaries shall promulgate and
implement appropriate regulations to carry out this section.
The regulations shall implement consistent policies and
procedures between the Department of Agriculture and the
Department of the Interior.
``(8) Advisory groups.--
``(A) Establishment.--Not later than 10 years after
the date of enactment of this section, the Secretaries
shall establish a broad-based advisory group for each
of--
``(i) the television and radio broadcast
industries; and
``(ii) the commercial mobile radio
industry.
``(B) Members.--The members of each advisory group
shall include representatives from the relevant
communications industries.
``(C) Duties.--The advisory groups shall review the
fee schedule and other criteria for determining fair
market value for the use of communications sites on
public land.
``(D) Report.--Not later than 1 year after the date
on which the advisory groups are established under this
paragraph, the advisory groups shall report their
findings to Congress.
``(c) Advisory Committee for Private Radio Communications Site
Users.--
``(1) Establishment.--The Chief Forester of the National
Forest Service and the Director of the Bureau of Land
Management shall jointly establish a broad-based advisory
committee. The advisory committee shall be comprised of an
equal number of representatives from--
``(A) private radio communications site users from
public and private communications sites;
``(B) the National Forest Service; and
``(C) the Bureau of Land Management.
``(2) Duties.--The advisory committee shall--
``(A) review recommendations for acceptable
criteria for determining fair market values and next
best alternative uses;
``(B) review existing methodology for determining
fair market value and next best alternative uses;
``(C) assess the validity of the methodology,
taking into account all reasonable alternatives; and
``(D) evaluate and recommend appropriate fee
waivers or discounts for public services by
communications site users who provide for the public
convenience, interest, and necessity, as required for
licensing under the Communications Act of 1934.
``(3) Report.--Not later than 8 months after the date of
enactment of the Equitable Communication Site Fee Act of 1994,
the advisory committee shall report its finding to the
Committees on Appropriations of the Senate and the House of
Representatives.''. | Equitable Communication Site Fee Act of 1994 - Amends the Federal Land Policy and Management Act of 1976 to direct the Secretaries of Agriculture and the Interior to establish and collect annual fees for the use of radio, television, and commercial mobile radio communications sites located on public lands. Sets forth fee schedules, with required annual fee review by the National Forest Service (Service) and the Bureau of Land Management (Bureau), and provides for annual fee adjustments, with limitations. Requires additional fees for additional site users.
Directs the Secretary of the Interior to establish and collect an annual fee for the use of television translator stations and FM translator stations located on public lands.
Directs the: (1) Secretaries to establish an advisory group for each of the television, radio, and commercial mobile radio industries to determine the fair market value for the use of communications sites on public lands; and (2) Chief Forester of the Service and the Bureau Director to jointly establish an advisory committee to determine fair market values and next best alternative uses for private radio communications site users from public and private communications sites. Requires reports from each of the advisory committees. | billsum_train |
Provide a condensed version of the following text: SECTION 1. ADJUSTMENTS OF DISCRETIONARY SPENDING LIMITS.
(a) Adjustments.--The Director shall reduce the discretionary
spending limit for new budget authority for a fiscal year set forth in
section 601(a)(2) of the Congressional Budget Act of 1974, as adjusted
in strict conformance with section 251 of the Balanced Budget and
Emergency Deficit Control Act of 1985, by the net aggregate amount for
that fiscal year in all deficit reduction line items set forth in each
appropriation bill or rescission bill. The Director shall reduce the
adjusted discretionary spending limit for outlays for that fiscal year
and each outyear as set forth in such section 601(a)(2) as a result of
the reduction of such budget authority, based upon the spendout rates
applicable to the discretionary spending programs to which the deficit
reduction line items apply. Reductions (if any) shall occur on the day
that each such appropriation bill is enacted into law. For purposes of
the Balanced Budget and Emergency Deficit Control Act of 1985, amounts
in deficit reduction line items and outlay reductions associated with
them shall be taken into account only to make the adjustments specified
in this subsection. For purposes of the Congressional Budget Act of
1974, amounts in deficit reduction line items and outlay reductions
associated with them shall be considered budget authority and outlays.
For all other purposes, including subchapter I of chapter 15 of title
31, United States Code (popularly known as the Anti-Deficiency Act),
the amount in deficit reduction line items shall not be considered to
provide authority to enter into obligations. Whenever the Director
makes any adjustment required by this subsection, he shall notify the
House of Representatives, the Senate, and the President on the day such
adjustment is made.
(b) Definition.--As used in this section--
(1) the term ``appropriation bill'' means any general or
supplemental appropriation bill;
(2) the term ``Director'' means the Director of the Office
of Management and Budget; and
(3) the term ``rescission bill'' means any bill which
rescinds budget authority, including a bill referred to by
section 1012 of the Congressional Budget Act of 1974.
SEC. 2. DEFICIT REDUCTION LINE ITEMS IN APPROPRIATION MEASURES AND IN
RESCISSION BILLS.
(a) Deficit Reduction Line Items.--Title III of the Congressional
Budget Act of 1974 is amended by adding at the end the following new
section:
``deficit reduction line items in appropriation bills and rescission
bills
``Sec. 314. (a) Whenever the Committee on Appropriations of the
House of Representatives reports an appropriation bill or a rescission
bill, that bill may contain provisions entitled `Deficit Reduction Line
Item', comprised solely of an amount of deficit reduction associated
with a reduction in a specified discretionary appropriation.
``(b)(1) Any amendment offered in the Committee on Appropriations
(or any subcommittee thereof) of either House of Congress or in either
House of Congress to an appropriation bill or rescission bill to reduce
a particular appropriation for a discretionary spending program may
include a provision designating an amount (not to exceed the amount of
the reduction) for a deficit reduction line item associated with that
appropriation.
``(2) Any amendment offered in the Committee on Appropriations (or
any subcommittee thereof) of either House of Congress or in either
House of Congress to an appropriation bill or rescisison bill to
increase a particular appropriation or reduce a rescission for a
discretionary spending program may include a provision designating an
amount (not to exceed the amount of the increase in the appropriation
or reduction in the rescission) by which the amount for one or more
specified deficit reduction line items is to be reduced (but the
resulting amount may not be less than zero), notwithstanding that any
such deficit reduction line item has been changed by an amendment.
``(3) No amendment establishing or increasing the amount for a
deficit reduction line item shall be in order in the House of
Representatives or Senate unless it is printed in the Congressional
Record at least one day before it is offered.
``(c) It shall not be in order in the House of Representatives or
in the Senate to offer an amendment establishing or increasing the
amount for a deficit reduction line item unless the amendment reduces
an appropriation for a discretionary spending program associated with
that line item by at least an equivalent amount.
``(d) It shall not be in order in the House of Representatives or
the Senate to consider a conference report proposing an amendment to a
deficit reduction line item respecting a particular discretionary
spending program that is beyond the scope of that deficit reduction
line item as so committed to the conference committee.
``(e) As used in this section--
``(1) the term `appropriation bill' means any general or
supplemental appropriation bill; and
``(2) the term `rescission bill' means any bill which
rescinds budget authority, including a bill referred to by
section 1012.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 313 the
following new item:
``Sec. 314. Deficit reduction line items in appropriation bills.''. | Requires the Director of the Office of Management and Budget to reduce discretionary spending limits for new budget authority for a fiscal year by the net aggregate amount for that fiscal year in all deficit reduction line items set forth in an appropriation bill or rescission bill.
Amends the Congressional Budget Act of 1974 to establish congressional procedures for the inclusion of deficit reduction line items in such bills. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Clearance Oversight and
Accountability Act''.
SEC. 2. REPORTS RELATING TO SECURITY CLEARANCES.
(a) Reports.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by adding at the end
the following new section:
``reports on security clearances
``Sec. 508. (a) Quadrennial Audit of Position Requirements.--
``(1) In general.--The President shall every four years
conduct an audit of how the executive branch determines whether
a security clearance is required for a particular position in
the Federal Government.
``(2) Submission.--Not later than 30 days after the
completion of an audit conducted under paragraph (1), the
President shall submit to Congress the results of such audit.
``(b) Report on Security Clearance Determinations.--
``(1) In general.--Not later than February 1 of each year,
the President (or a designee of the President) shall submit to
Congress a report on the security clearance process. Such
report shall include, for each security clearance level--
``(A) the number of government employees who--
``(i) held a security clearance at such
level as of October 1 of the preceding year;
and
``(ii) were approved for a security
clearance at such level during the preceding
fiscal year;
``(B) the number of contractors who--
``(i) held a security clearance at such
level as of October 1 of the preceding year;
and
``(ii) were approved for a security
clearance at such level during the preceding
fiscal year; and
``(C) for each element of the intelligence
community--
``(i) the amount of time it took to process
the fastest 80 percent of security clearance
determinations for such level;
``(ii) the amount of time it took to
process the fastest 90 percent of security
clearance determinations for such level;
``(iii) the number of open security
clearance investigations for such level that
have remained open for--
``(I) 4 months or less;
``(II) between 4 months and 8
months;
``(III) between 8 months and 12
months; and
``(IV) more than a year;
``(iv) the percentage of reviews that
result in a denial or revocation of a security
clearance;
``(v) the percentage of investigations that
resulted in incomplete information; and
``(vi) the percentage of investigations
that did not result in enough information to
make a decision on potentially adverse
information.
``(2) Security clearance levels.--For purposes of paragraph
(1), the Director of National Intelligence may consider--
``(A) security clearances at the level of
confidential and secret as one security clearance
level; and
``(B) security clearances at the level of top
secret or higher as one security clearance level.
``(c) Director of OMB.--Not later than February 1 of each year, the
Director of the Office of Management and Budget shall submit to
Congress a report on security clearance determinations completed or
ongoing during the preceding fiscal year that have taken longer than 1
year to complete. Such report shall include--
``(1) the number of security clearance determinations for
positions as employees of the Federal Government that required
more than 1 year to complete;
``(2) the number of security clearance determinations for
contractors that required more than 1 year to complete;
``(3) the agencies that investigated and adjudicated such
determinations; and
``(4) the cause of significant delays in such
determinations.''.
(2) Report on metrics for adjudication quality.--Not later
than 180 days after the date of enactment of this Act, the
President shall submit to Congress a report on security
clearance investigations and adjudications. Such report shall
include--
(A) Federal Government-wide adjudication guidelines
and metrics for adjudication quality;
(B) a plan to improve the professional development
of security clearance adjudicators;
(C) metrics to evaluate the effectiveness of
interagency clearance reciprocity; and
(D) Federal Government-wide investigation standards
and metrics for investigation quality.
(3) Clerical amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 507 the following
new item:
``Sec. 508. Reports on security clearances.''.
(b) Initial Audit.--The first audit required to be conducted under
section 508(a)(1) of the National Security Act of 1947 (as added by
subsection (a)) shall be completed not later than February 1, 2010. | Security Clearance Oversight and Accountability Act - Amends the National Security Act of 1947 to direct the President: (1) every four years, to conduct an audit of how the executive branch determines whether a security clearance is required for a particular position in the federal government, and report audit results to Congress; (2) every year, to report to Congress on the security clearance process with respect to government employees, government contractors, and intelligence community personnel; and (3) to submit a one-time report to Congress on security clearance investigations and adjudications.
Requires the Director of the Office of Management and Budget (OMB) to report annually to Congress on security clearance determinations completed or ongoing during the preceding fiscal year that have taken longer than one year to complete. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Speak Up to Protect Every Abused Kid
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) children are dependent on the adults in their lives,
including parents, extended family, teachers, health care
providers, and others in their community, to ensure their
safety and well-being;
(2) data from the Administration on Children and Families
for 2012 indicate that 678,810 children in the United States
were reported as being victims of child abuse or neglect, and
11,539 of those children died as a result of such abuse or
neglect;
(3) regardless of whether an adult is legally required to
report child abuse and neglect, every adult who suspects or
knows about child abuse or neglect has a moral duty to report
such concerns to the appropriate authorities; and
(4) establishing a Federal standard for the classes of
individuals that State law establishes as mandated reporters
will protect children and ensure greater consistency among the
laws of States, while allowing States the flexibility to
establish additional classes of individuals as mandated
reporters.
SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING.
The Child Abuse Prevention and Treatment Act is amended by
inserting after section 103 (42 U.S.C. 5104) the following:
``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING.
``(a) In General.--The Secretary shall make grants to eligible
entities to carry out educational campaigns and provide evidence-based
or evidence-informed training regarding State laws for mandatory
reporting of incidents of child abuse or neglect.
``(b) Guidance and Information on Best Practices.--The Secretary
shall develop and disseminate guidance and information on best
practices for--
``(1) educational campaigns to educate members of the
public about--
``(A) the acts and omissions that constitute child
abuse or neglect under State law;
``(B) the responsibilities of adults to report
suspected and known incidents of child abuse or neglect
under State law; and
``(C) the resources available to struggling
families to help prevent child abuse and neglect; and
``(2) evidence-based or evidence-informed training programs
to improve such reporting by adults, with a focus on adults who
work with children in a professional or volunteer capacity.
``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. In determining whether to make a grant under this section,
the Secretary shall determine whether the educational campaign or
training proposed by the entity uses practices described in the
guidance and information developed under subsection (b).
``(d) Use of Funds.--An entity that receives a grant under this
section shall use the funds made available through the grant to carry
out an educational campaign, or provide training, described in
subsection (b).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2015
and $10,000,000 for each of fiscal years 2016 through 2019.''.
SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
Section 106(b) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking ``(B) an
assurance'' and all that follows through the end of
clause (i), and inserting the following:
``(B) an assurance in the form of a certification
by the Governor of the State that the State has in
effect and is enforcing a State law, or has in effect
and is operating a statewide program, relating to child
abuse and neglect that includes--
``(i) provisions or procedures for an
individual described in paragraph (5) to report
suspected or known incidents of child abuse or
neglect to a State child protective service
agency or to a law enforcement agency, which
shall include a State law for mandatory
reporting of such incidents, to either type of
agency, by any individual described in
paragraph (5), in accordance with paragraph
(6);'';
(B) in subparagraph (F), by striking ``; and'' and
inserting ``;'';
(C) in subparagraph (G), by striking the period at
the end and inserting ``;''; and
(D) by inserting after subparagraph (G) the
following:
``(H) an assurance that the State, in developing
the State plan described in paragraph (1), has
established procedures to ensure coordination between
the State law or statewide program described in
subparagraph (B) and relevant law enforcement and State
or community-based victims' services agencies to ensure
that children who are the victims of acts by a
perpetrator other than a parent or caretaker that would
be considered child abuse or neglect under section 3(2)
if the perpetrator of such act were a parent or
caretaker, are referred for appropriate follow-up
services, even if such children do not qualify for the
protections under such State law or statewide program;
and
``(I) an assurance that the State will--
``(i) take primary responsibility to accept
and investigate reports of known and suspected
child abuse or neglect pertaining to an
incident that occurred in that State, even if
the child or the alleged perpetrator resides in
a different State;
``(ii) in the case of a State that takes
primary responsibility to investigate a report
as described in clause (i), share the results
of the investigation with the State where the
child resides and with the State where the
alleged perpetrator resides; and
``(iii) in the case of a State in which the
child or alleged perpetrator resides, but where
the alleged incident did not occur, establish a
plan to assist the State with primary
responsibility for the investigation.''; and
(2) by adding at the end the following:
``(5) Individuals required to report suspected or known
child abuse or neglect.--To satisfy the requirements of
paragraph (2)(B)(i), a State law for mandatory reporting
described in such paragraph shall require all of the following
individuals to report suspected or known incidents of child
abuse or neglect:
``(A) Individuals licensed or certified to practice
in any health-related field licensed by the State,
employees of health care facilities or providers
licensed by the State, who are engaged in the
admission, examination, care or treatment of
individuals, including mental health and emergency
medical services providers.
``(B) Individuals employed by a school who have
direct contact with children, including teachers,
administrators, and independent contractors.
``(C) Peace officers and law enforcement personnel.
``(D) Clergy, including Christian Science
practitioners, except where prohibited on account of
clergy-penitent privilege.
``(E) Day care and child care operators and
employees.
``(F) Employees of social services agencies who
have direct contact with children in the course of
employment.
``(G) Foster parents.
``(H) Court appointed special advocates (employees
and volunteers).
``(I) Camp and after-school employees.
``(J) An individual, paid or unpaid, who, on the
basis of the individual's role as an integral part of a
regularly scheduled program, activity, or service,
accepts responsibility for a child.
``(K) Other individuals, as the applicable State
law or statewide program may require.
``(6) Reporting requirement.--To satisfy the requirements
of paragraph (2)(B)(i), a State law for mandatory reporting
described in such paragraph shall require such individuals to
report suspected or known incidents of child abuse or neglect
directly to the appropriate law enforcement or child welfare
agency (as applicable under State law) and, if applicable, to
the individual's supervisor or employer.''.
SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING.
(a) Eligibility.--Section 107(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5107c(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) support training for adults who work with
children in a professional or volunteer capacity, to
report suspected and known incidents of child abuse or
neglect under State law; and''; and
(2) in paragraph (5), by inserting before the period ``and
the training described in paragraph (4)(C)''.
(b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C.
5107c(d)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) evaluate the State's efforts to train adults who work
with children in a professional or volunteer capacity, to
report suspected and known incidents of child abuse or neglect
under State law.''.
(c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42
U.S.C. 5107c(e)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) experimental, model, and demonstration
programs for testing innovative approaches and
techniques that may improve reporting of and response
to suspected and known incidents of child abuse or
neglect by adults to the State child protective service
agencies or to law enforcement agencies.''.
SEC. 6. GENERAL PROGRAM GRANTS.
Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended by adding at the end the following:
``(f) Mandatory Reporting.--To be eligible to receive any form of
financial assistance under this title, a State shall include in the
corresponding plan or application an assurance that the State has in
effect a State law for mandatory reporting described in section
106(b)(2)(B)(i).''.
SEC. 7. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106f) is amended by adding at the end the following:
``(e) Study and Report on State Mandatory Reporting Laws.--
``(1) Study.--Not later than 4 years after the date of
enactment of the Speak Up to Protect Every Abused Kid Act, the
Secretary shall collect information on and otherwise study the
efforts of States relating to State laws for mandatory
reporting of incidents of child abuse or neglect, in order to
assess the implementation of the amendments made by that Act.
``(2) Report.--
``(A) In general.--Not later than 4 years after the
date of enactment of the Speak Up to Protect Every
Abused Kid Act, the Secretary shall submit to the
appropriate committees of Congress a report containing
the findings of the study under paragraph (1).
``(B) Contents.--The report submitted under
subparagraph (A) shall--
``(i) provide an update on--
``(I) implementation of State laws
for mandatory reporting described in
section 106(b)(2)(B)(i); and
``(II) State efforts to improve
reporting on, and responding to reports
of, child abuse or neglect; and
``(ii) include data regarding any changes
in the rate of substantiated child abuse
reports and changes in the rate of child abuse
fatalities since the date of enactment of the
Speak Up to Protect Every Abused Kid Act.''.
SEC. 8. COMMUNITY-BASED GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(13) an assurance that the State has in effect a State
law for mandatory reporting described in section
106(b)(2)(B)(i).''.
SEC. 9. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
takes effect on the date of enactment of this Act.
(b) Mandatory Reporting Requirements.--The amendments made by
sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and
applications submitted after the date that is 2 years after the date of
enactment of this Act. | Speak Up to Protect Every Abused Kid Act - Expresses the sense of Congress with respect to abused children. Amends the Child Abuse Prevention and Treatment Act (CAPTA) to direct the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain specified assurances about: (1) state laws or programs that include procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to state child protective services agencies or to law enforcement agencies; (2) procedures to ensure coordination between the state law or statewide program and relevant law enforcement and state or community-based victims' services agencies with respect to referrals of child victims of acts by a perpetrator other than a parent or caretaker that would otherwise be considered child abuse or neglect; and (3) primary state responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in the state, even if the child or alleged perpetrator resides in a different state. Requires a state law to require certain licensed, certified, or professional individuals to report suspected or known incidents of child abuse or neglect. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will support training for adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. | billsum_train |
Condense the following text into a summary: SECTION 1. REINSTATEMENT OF APPLICANTS AS TENTATIVE SELECTEES.
(a) In General.--Notwithstanding the order of the Federal
Communications Commission in the proceeding described in subsection
(c), the Commission shall--
(1) reinstate each applicant as a tentative selectee under
the covered rural service area licensing proceeding; and
(2) permit each applicant to amend its application, to the
extent necessary to update factual information and to comply
with the rules of the Commission, at any time before the
Commission's final licensing action in the covered rural
service area licensing proceeding.
(b) Exemption From Petitions To Deny.--For purposes of the amended
applications filed pursuant to subsection (a)(2), the provisions of
section 309(d)(1) of the Communications Act of 1934 (47 U.S.C.
309(d)(1)) shall not apply.
(c) Proceeding.--The proceeding described in this subsection is the
proceeding of the Commission In re Applications of Cellwave Telephone
Services L.P, Futurewave General Partners L.P., and Great Western
Cellular Partners, 7 FCC Rcd No. 19 (1992).
SEC. 2. CONTINUATION OF LICENSE PROCEEDING; FEE ASSESSMENT.
(a) Award of Licenses.--The Commission shall award licenses under
the covered rural service area licensing proceeding within 90 days
after the date of the enactment of this Act.
(b) Service Requirements.--The Commission shall provide that, as a
condition of an applicant receiving a license pursuant to the covered
rural service area licensing proceeding, the applicant shall provide
cellular radiotelephone service to subscribers in accordance with
sections 22.946 and 22.947 of the Commission's rules (47 CFR 22.946,
22.947); except that the time period applicable under section 22.947 of
the Commission's rules (or any successor rule) to the applicants
identified in subparagraphs (A) and (B) of section 4(1) shall be 3
years rather than 5 years and the waiver authority of the Commission
shall apply to such 3-year period.
(c) Calculation of License Fee.--
(1) Fee required.--The Commission shall establish a fee for
each of the licenses under the covered rural service area
licensing proceeding. In determining the amount of the fee, the
Commission shall consider--
(A) the average price paid per person served in the
Commission's Cellular Unserved Auction (Auction No.
12); and
(B) the settlement payments required to be paid by
the permittees pursuant to the consent decree set forth
in the Commission's order, In re the Tellesis Partners
(7 FCC Rcd 3168 (1992)), multiplying such payments by
two.
(2) Notice of fee.--Within 30 days after the date an
applicant files the amended application permitted by section
1(a)(2), the Commission shall notify each applicant of the fee
established for the license associated with its application.
(d) Payment for Licenses.--No later than 18 months after the date
that an applicant is granted a license, each applicant shall pay to the
Commission the fee established pursuant to subsection (c) of this
section for the license granted to the applicant under subsection (a).
(e) Auction Authority.--If, after the amendment of an application
pursuant to section 1(a)(2) of this Act, the Commission finds that the
applicant is ineligible for grant of a license to provide cellular
radiotelephone services for a rural service area or the applicant does
not meet the requirements under subsection (b) of this section, the
Commission shall grant the license for which the applicant is the
tentative selectee (pursuant to section 1(a)(1)) by competitive bidding
pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)).
SEC. 3. PROHIBITION OF TRANSFER.
During the 5-year period that begins on the date that an applicant
is granted any license pursuant to section 1, the Commission may not
authorize the transfer or assignment of that license under section 310
of the Communications Act of 1934 (47 U.S.C. 310). Nothing in this Act
may be construed to prohibit any applicant granted a license pursuant
to section 1 from contracting with other licensees to improve cellular
telephone service.
SEC. 4. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) Applicant.--The term ``applicant'' means--
(A) Great Western Cellular Partners, a California
general partnership chosen by the Commission as
tentative selectee for RSA #492 on May 4, 1989;
(B) Monroe Telephone Services L.P., a Delaware
limited partnership chosen by the Commission as
tentative selectee for RSA #370 on August 24, 1989
(formerly Cellwave Telephone Services L.P.); and
(C) FutureWave General Partners L.P., a Delaware
limited partnership chosen by the Commission as
tentative selectee for RSA #615 on May 25, 1990.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Covered rural service area licensing proceeding.--The
term ``covered rural service area licensing proceeding'' means
the proceeding of the Commission for the grant of cellular
radiotelephone licenses for rural service areas #492 (Minnesota
11), #370 (Florida 11), and #615 (Pennsylvania 4).
(4) Tentative selectee.--The term ``tentative selectee''
means a party that has been selected by the Commission under a
licensing proceeding for grant of a license, but has not yet
been granted the license because the Commission has not yet
determined whether the party is qualified under the
Commission's rules for grant of the license. | Directs the Federal Communications Commission (FCC), notwithstanding its order in the proceeding in re Applications of Cellwave Telephone Services L.P., Futurewave General Partners L.P., and Great Western Cellular Partners, to: (1) reinstate each of three specified applicants as a selectee under the covered rural service area licensing proceeding; and (2) permit application amendments, at any time before final licensing action in the covered rural service area, in order to update factual information and comply with FCC rules. Prohibits the submission of petitions to deny such applications.
Directs the FCC to: (1) award licenses under such proceeding within 90 days after enactment of this Act; (2) require such applicant to provide cellular radiotelephone service to subscribers in accordance with FCC rules (reducing from five to three years the period in which such applicant may expand the system within that market); and (3) establish a fee for each of the licenses under the proceeding (requiring each applicant to pay such fee within 18 months after its application is granted).
Prohibits the FCC, during the five-year period after an application license is granted, from authorizing the transfer or assignment of that license. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Glacier National Park Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on May 11, 1910, President William Howard Taft signed a
bill establishing Glacier National Park, the Nation's 10th
national park;
(2) in 1931, members of the Rotary Clubs of Alberta and
Montana suggested joining Glacier National Park with its
adjacent cross-border Canadian national park, Waterton Lakes
National Park, as a symbol of peace and friendship between the
2 nations;
(3) in 1932, the United States and Canadian Governments
agreed to jointly designate the 2 parks as Waterton-Glacier
International Peace Park, the world's first;
(4) both parks are Biosphere Reserves, and were named as a
World Heritage Site in 1995, highlighting the importance of the
parks, not just to the United States and Canada, but to the
entire world;
(5) Glacier National Park's rugged and soaring mountains,
pristine forests, watchable wildlife, alpine meadows, and
spectacular lakes have inspired generations of people to
explore and experience nature;
(6) known as ``The Crown of the Continent'', Glacier
National Park, with its awe-inspiring beauty, majesty, and
grandeur, is an incredible national treasure; and
(7) 2010 will mark the 100th anniversary of the
establishment of Glacier National Park.
SEC. 3. COIN SPECIFICATIONS.
(a) Denomination.--In commemoration of the 100th anniversary of the
establishment of Glacier National Park, the Secretary of the Treasury
(in this Act referred to as the ``Secretary'') shall mint and issue not
more than 200,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of Glacier National Park and its
natural features and wildlife.
(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 2010; 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
Glacier National Park Fund and the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning on January 1, 2010.
(c) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, the first $2,000,000 of the surcharges received by the
Secretary from the sale of coins issued under this Act shall be paid by
the Secretary to the Glacier National Park Fund of Whitefish, Montana,
for use in--
(1) supporting the celebration, preservation, and promotion
of Glacier National Park; and
(2) maintaining and expanding the infrastructure and
facilities of Glacier National Park.
(c) Audits.--The Glacier National Park Fund of Whitefish, Montana
shall be subject to the audit requirements of section 5134(f)(2) of
title 31, United States Code. | Glacier National Park Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 100th anniversary of the establishment of Glacier National Park in Montana, to mint and issue $1 coins emblematic of the Park, its natural features, and wildlife.
Prohibits the minting of any coins under this Act after December 31, 2010. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulletproof Vest Partnership Grant
Act of 1998''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) too many law enforcement officers die, while protecting
the public, as a result of gunshot wounds;
(2) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(3) more than 92 percent of such law enforcement officers
were killed by firearms;
(4) the number of law enforcement officers who die as a
result of gunshot wounds has declined significantly since the
introduction of modern bulletproof material;
(5) according to studies, between 1985 and 1994, bullet
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States;
(6) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to an armor
vest; and
(7) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply, despite decreases in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State and local law enforcement
departments provide officers with armor vests.
SEC. 3. PROGRAM AUTHORIZED.
(a) Grant Authorization.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of local
government, and Indian tribes to purchase armor vests for use by law
enforcement officers.
(b) Uses of Funds.--Awards shall be distributed directly to the
State, unit of local government, or Indian tribe and shall be used for
the purchase of not more than 1 armor vest for each police officer in a
jurisdiction.
(c) Preferential Consideration.--In awarding grants under this Act,
the Director of the Bureau of Justice Assistance may give preferential
consideration, where feasible, to applications from jurisdictions
that--
(1) have the greatest need for armor vests based on the
percentage of officers in the department who do not have access
to a vest;
(2) have a mandatory wear policy that requires on-duty
officers to wear armor vests whenever feasible; and
(3) have a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation.
(d) Minimum Amount.--Unless all applications submitted by any State
or unit of local government pursuant to subsection (a) have been
funded, each qualifying State or unit of local government shall be
allocated in each fiscal year pursuant to subsection (a) not less than
0.25 percent of the total amount appropriated in the fiscal year for
grants pursuant to that subsection.
(e) Maximum Amount.--A qualifying State or unit of local government
may not receive more than 5 percent of the total amount appropriated in
each fiscal year for grants pursuant to subsection (a).
(f) Matching Funds.--The portion of the costs of a program provided
by a grant under subsection (a) may not exceed 50 percent, unless the
Director of the Bureau of Justice Assistance determines a case of
fiscal hardship and waives, wholly or in part, the requirement under
this subsection of a non-Federal contribution to the costs of a
program.
(g) Allocation of Funds.--At least half of the funds awarded under
this program shall be allocated to units of local government or Indian
tribes with fewer than 100,000 residents.
SEC. 4. APPLICATIONS.
(a) State and Tribal Applications.--To request a grant under this
Act, the chief executive of a State shall submit an application to the
Director of the Bureau of Justice Assistance, signed by the Attorney
General of the State requesting the grant, or Indian tribe shall submit
an application to the Director, in such form and containing such
information as the Director may reasonably require.
(b) Local Applications.--To request a grant under this Act, the
chief executive of a unit of local government shall submit an
application to the Director of the Bureau of Justice Assistance, signed
by the chief law enforcement officer of the unit of local government
requesting the grant, in such form and containing such information as
the Director may reasonably require.
(c) Renewal.--A State, unit of local government, or Indian tribe is
eligible to receive a grant under this Act every 3 years.
(d) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Director of the Bureau of Justice Assistance
shall promulgate regulations to implement this section (including the
information that must be included and the requirements that the States
and units of local government must meet) in submitting the applications
required under this Section.
SEC. 5. PROHIBITION OF PRISON INMATE LABOR.
Any State, unit of local government, or Indian tribe that receives
financial assistance provided using funds appropriated or otherwise
made available by this Act may not purchase equipment or products
manufactured using prison inmate labor.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) The term ``armor vest'' means--
(A) body armor which has been tested through the
voluntary compliance testing program operated by the
National Law Enforcement and Corrections Technology
Center of the National Institute of Justice (NIJ), and
found to comply with the requirements of NIJ Standard
0101.03, or any subsequent revision of such standard;
or
(B) body armor which exceeds the specifications
stated in subparagraph (A), and which the law
enforcement officer's agency or department permits the
officer to wear on duty.
(2) The term ``State'' means each of the 50 States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, American Samoa, and the Northern Mariana Islands.
(3) The term ``qualifying State or unit of local
government'' means any State or unit of local government which
has submitted an application for a grant, or in which an
eligible entity has submitted an application for a grant, which
meets the requirements prescribed by the Director of the Bureau
of Justice Assistance and the conditions set out in section 3.
(4) The term ``Indian tribe'' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
SEC. 7. AUTHORIZATION FOR APPROPRIATIONS.
There are authorized to be appropriated $25,000,000 for each fiscal
year to carry out this program.
SEC. 8. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products. | Bulletproof Vest Partnership Grant Act of 1998 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States, units of local government, and Indian tribes to purchase armor vests for use by law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, have a mandatory wear policy, and have a violent crime rate at or above the national average.
Sets forth provisions regarding matching funds and allocation of funds, State, tribal, and local applications, and grant application renewal.
Prohibits any State, unit of local government, or Indian tribe that receives financial assistance provided using funds appropriated or otherwise made available by this Act from purchasing equipment or products manufactured using prison inmate labor.
Authorizes appropriations.
Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``John P. Smith Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN TRIBAL
TRANSPORTATION FACILITIES.
(a) Definition of Tribal Transportation Safety Project.--
(1) In general.--In this section, the term ``tribal
transportation safety project'' means a project described in
paragraph (2) that is eligible for funding under section 202 of
title 23, United States Code, and that--
(A) corrects or improves a hazardous road location
or feature; or
(B) addresses a highway safety problem.
(2) Projects described.--A project described in this
paragraph is a project for one or more of the following:
(A) An intersection safety improvement.
(B) Pavement and shoulder widening (including the
addition of a passing lane to remedy an unsafe
condition).
(C) Installation of rumble strips or another
warning device, if the rumble strips or other warning
devices do not adversely affect the safety or mobility
of bicyclists and pedestrians, including persons with
disabilities.
(D) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
crashes.
(E) An improvement for pedestrian or bicyclist
safety or the safety of persons with disabilities.
(F) Construction and improvement of a railway-
highway grade crossing safety feature, including the
installation of protective devices.
(G) The conduct of a model traffic enforcement
activity at a railway-highway crossing.
(H) Construction of a traffic calming feature.
(I) Elimination of a roadside hazard.
(J) Installation, replacement, and other
improvements of highway signage and pavement markings
or a project to maintain minimum levels of
retroreflectivity that addresses a highway safety
problem consistent with a State strategic highway
safety plan.
(K) Installation of a priority control system for
emergency vehicles at signalized intersections.
(L) Installation of a traffic control or other
warning device at a location with high crash potential.
(M) Transportation safety planning.
(N) Collection, analysis, and improvement of safety
data.
(O) Planning integrated interoperable emergency
communications equipment, operational activities, or
traffic enforcement activities (including police
assistance) relating to work zone safety.
(P) Installation of guardrails, barriers (including
barriers between construction work zones and traffic
lanes for the safety of road users and workers), and
crash attenuators.
(Q) The addition or retrofitting of structures or
other measures to eliminate or reduce crashes involving
vehicles and wildlife.
(R) Installation of yellow-green signs and signals
at pedestrian and bicycle crossings and in school
zones.
(S) Construction and operational improvements on a
high risk rural road (as defined in section 148(a) of
title 23, United States Code).
(T) Geometric improvements to a road for the
purposes of safety improvement.
(U) A road safety audit.
(V) Roadway safety infrastructure improvements
consistent with the recommendations included in the
publication of the Federal Highway Administration
entitled ``Handbook for Designing Roadways for the
Aging Population'' (FHWA-SA-14-015), dated June 2014
(or a revised or updated publication).
(W) Truck parking facilities eligible for funding
under section 1401 of MAP-21 (23 U.S.C. 137 note;
Public Law 112-141).
(X) Systemic safety improvements.
(Y) Installation of vehicle-to-infrastructure
communication equipment.
(Z) Pedestrian hybrid beacons.
(AA) Roadway improvements that provide separation
between pedestrians and motor vehicles, including
medians and pedestrian crossing islands.
(BB) A physical infrastructure safety project not
described in subparagraphs (A) through (AA).
(b) New Categorical Exclusions.--
(1) Review of existing categorical exclusions.--The
Secretary shall review the categorical exclusions under section
771.117 of title 23, Code of Federal Regulations (or successor
regulations), to determine which, if any, are applicable for
use by the Secretary in review of projects eligible for
assistance under section 202 of title 23, United States Code.
(2) Review of tribal transportation safety projects.--The
Secretary shall identify tribal transportation safety projects
that meet the requirements for categorical exclusions under
sections 1507.3 and 1508.4 of title 40, Code of Federal
Regulations.
(3) Proposal.--The Secretary shall issue a proposed rule,
in accordance with sections 1507.3 and 1508.4 of title 40, Code
of Federal Regulations, to propose any categorical exclusions
identified under paragraphs (1) and (2).
(4) Deadline.--Not later than 180 days after the date of
enactment of this Act, and after considering any comments on
the proposed rule issued under paragraph (3), the Secretary
shall promulgate a final rule for the categorical exclusions,
in accordance with sections 1507.3 and 1508.4 of title 40, Code
of Federal Regulations.
(5) Technical assistance.--The Secretary of Transportation
shall provide technical assistance to the Secretary in carrying
out this subsection.
(c) Reviews of Tribal Transportation Safety Projects.--
(1) In general.--The Secretary or the head of another
Federal agency responsible for a decision related to a tribal
transportation safety project shall complete any approval or
decision for the review of the tribal transportation safety
project required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal
law on an expeditious basis using the shortest existing
applicable process.
(2) Review of applications.--Not later than 45 days after
the date of receipt of a complete application by an Indian
tribe for approval of a tribal transportation safety project,
the Secretary shall--
(A) take final action on the application; or
(B) provide the Indian tribe a schedule for
completion of the review described in paragraph (1),
including the identification of any other Federal
agency that has jurisdiction with respect to the
project.
(3) Decisions under other federal laws.--In any case in
which a decision under any other Federal law relating to a
tribal transportation safety project (including the issuance or
denial of a permit or license) is required, not later than 45
days after the Secretary has made all decisions of the lead
agency under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the project, the head of
the Federal agency responsible for the decision shall--
(A) make the applicable decision; or
(B) provide the Indian tribe a schedule for making
the decision.
(4) Extensions.--The Secretary or the head of an applicable
Federal agency may extend the period under paragraph (2) or
(3), as applicable, by an additional 30 days by providing the
Indian tribe notice of the extension, including a statement of
the need for the extension.
(5) Notification and explanation.--In any case in which a
required action is not completed by the deadline under
paragraph (2), (3), or (4), as applicable, the Secretary or the
head of a Federal agency, as applicable, shall--
(A) notify the Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the
House of Representatives of the failure to comply with
the deadline; and
(B) provide to the Committees described in
subparagraph (A) a detailed explanation of the reasons
for the failure to comply with the deadline.
SEC. 4. PROGRAMMATIC AGREEMENTS FOR CATEGORICAL EXCLUSIONS.
(a) In General.--The Secretary shall enter into programmatic
agreements with Indian tribes that establish efficient administrative
procedures for carrying out environmental reviews for projects eligible
for assistance under section 202 of title 23, United States Code.
(b) Inclusions.--A programmatic agreement under subsection (a)--
(1) may include an agreement that allows an Indian tribe to
determine, on behalf of the Secretary, whether a project is
categorically excluded from the preparation of an environmental
assessment or environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) shall--
(A) require that the Indian tribe maintain adequate
capacity in terms of personnel and other resources to
carry out applicable agency responsibilities pursuant
to section 1507.2 of title 40, Code of Federal
Regulations (or successor regulations);
(B) set forth the responsibilities of the Indian
tribe for making categorical exclusion determinations,
documenting the determinations, and achieving
acceptable quality control and quality assurance;
(C) allow--
(i) the Secretary to monitor compliance of
the Indian tribe with the terms of the
agreement; and
(ii) the Indian tribe to execute any needed
corrective action;
(D) contain stipulations for amendments,
termination, and public availability of the agreement
once the agreement has been executed; and
(E) have a term of not more than 5 years, with an
option for renewal based on a review by the Secretary
of the performance of the Indian tribe.
Passed the Senate November 29, 2017.
Attest:
Secretary.
115th CONGRESS
1st Session
S. 302
_______________________________________________________________________
AN ACT
To enhance tribal road safety, and for other purposes. | John P. Smith Act (Sec. 3) This bill modifies the approval process under the National Environmental Policy Act (NEPA) for tribal transportation safety projects to categorically exclude qualifying projects from requirements to conduct environmental assessments and environmental impact statements. A tribal transportation safety project is one that is eligible for assistance under the tribal transportation program and that: (1) corrects or improves a hazardous road location or feature, or (2) addresses a highway safety problem. The Department of the Interior must: (1) review existing Federal Highway Administration categorical exclusions to determine applicability to tribal transportation program projects, and (2) identify tribal transportation safety projects that meet general categorical exclusion requirements. Interior must establish categorical exclusions for tribal projects consistent with its findings. The bill prescribes requirements for the expedited review and approval of tribal transportation safety projects under NEPA or other federal laws. (Sec. 4) Interior must enter into five-year programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for tribal transportation program projects. An agreement may allow a tribe to determine whether a project is categorically excluded from the preparation of an environmental assessment or impact statement under NEPA. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Check Cashing Consumer Protection
Act of 1994''.
SEC. 2. UNIFORM STATE LICENSING AND REGULATION OF CHECK CASHING
SERVICES.
(a) Uniform Laws and Enforcement.--For purposes of protecting the
consumers of check cashing services from fraud and abuse, it is the
sense of the Congress that the several States should--
(1) establish uniform laws for licensing and regulating
businesses which--
(A) provide check cashing services, transmit money,
or issue or redeem money orders, travelers' checks, and
other similar instruments; and
(B) are not depository institutions (as defined in
section 19(b)(1)(A) of the Federal Reserve Act); and
(2) provide sufficient resources to the appropriate State
agency to enforce such laws and regulations prescribed pursuant
to such laws.
(b) Model Statute.--It is the sense of the Congress that the
several States should develop, through the auspices of the National
Conference of Commissioners on Uniform State Laws, the American Law
Institute, or such other forum as the States may determine to be
appropriate, a model statute to carry out the goals described in
subsection (a) which would include the following:
(1) Licensing requirements.--A requirement that any issuer,
redeemer, or cashier of travelers' checks, checks, money
orders, or similar instruments, and any transmitter of money,
other than a depository institution (as defined in section
19(b)(1)(A) of the Federal Reserve Act), be licensed and
regulated by an appropriate State agency in order to engage in
any such activity within the State.
(2) Licensing standards.--A requirement that--
(A) in order for any issuer, redeemer, or cashier
of travelers' checks, checks, money orders, or similar
instruments, and any transmitter of money to be
licensed in the State, the appropriate State agency
shall review and approve--
(i) the business record and the capital
adequacy of the business seeking the license;
and
(ii) the competence, experience, integrity,
and financial ability of any individual who--
(I) is a director, officer, or
supervisory employee of such business;
or
(II) owns or controls such
business;
(B) as a condition for the issuance and continued
validity of the license the business may not impose,
charge, or collect any fee for cashing or redeeming any
travelers' check, check, money order or similar
instrument in excess of the amount which is equal to
the greater of--
(i) an amount equal to 1.5 percent
of the face amount of such check or
money order (not to exceed $8); or
(ii) 50 cents; and
(C) any record, on the part of any business seeking
the license or any person referred to in subparagraph
(A)(ii), of--
(i) any criminal activity;
(ii) any fraud or other act of personal
dishonesty;
(iii) any act, omission, or practice which
constitutes a breach of a fiduciary duty; or
(iv) any suspension or removal, by any
agency or department of the United States or
any State, from participation in the conduct of
any federally or State licensed or regulated
business,
be grounds for the denial of any such license by the
appropriate State agency.
(3) Procedures to ensure compliance with federal cash
transaction reporting requirements.--A civil or criminal
penalty for operating any business referred to in paragraph (1)
without establishing and complying with appropriate procedures
to ensure compliance with subchapter II of chapter 53 of title
31, United States Code (relating to records and reports on
monetary instruments transactions).
(4) Criminal penalties for operation of business without a
license.--A criminal penalty for operating, within the State,
any business referred to in paragraph (1) after the effective
date of the model statute without a license issued by the
State.
(c) Study Required.--The Secretary of the Treasury shall conduct a
study of--
(1) the progress made by the several States in developing
and enacting a model statute which--
(A) meets the requirements of subsection (b); and
(B) furthers the goals of--
(i) preventing money laundering by
businesses which are required to be licensed
under any such statute; and
(ii) protecting the payment system,
including the receipt, payment, collection, and
clearing of checks, from fraud and abuse by
such businesses; and
(2) the adequacy of--
(A) the activity of the several States in enforcing
the requirements of such statute; and
(B) the resources made available to the appropriate
State agencies for such enforcement activity.
(d) Report Required.--Before the end of the 3-year period beginning
on the date of the enactment of this Act and by the end of each 1-year
period beginning after the end of such period, the Secretary of the
Treasury shall submit a report to the Congress containing the findings
and recommendations of the Secretary in connection with the study under
subsection (c), together with such recommendations for legislative and
administrative action as the Secretary may determine to be appropriate,
including any recommendation pursuant to subsection (e).
(e) Recommendations for Incentives or Sanctions in Cases of
Inadequate Regulation and Enforcement by States.--If the Secretary of
the Treasury determines that any State has failed--
(1) to enact a statute which meets the requirements
described in subsection (b);
(2) to undertake adequate activity to enforce such statute;
or
(3) to make adequate resources available to the appropriate
State agency for such enforcement activity,
the report submitted pursuant to subsection (d) shall contain
recommendations for legislation establishing incentives which may be
provided or sanctions which may be imposed to remedy such failure. | Check Cashing Consumer Protection Act of 1994 - Expresses the sense of the Congress that States should: (1) establish uniform laws for licensing and regulating businesses which are not depository institutions and which provide check cashing services, transmit money, or issue or redeem money orders, travelers' checks, and similar instruments; and (2) provide sufficient resources to the appropriate State agency to enforce such laws and regulations. Asks the States to develop a model statute which includes, with respect to such businesses: (1) licensing requirements and standards; (2) procedures to ensure compliance with Federal cash transaction reporting requirements; and (3) criminal penalties for operation of such a business without a license.
Directs the Secretary of the Treasury to study and report to the Congress on the States' progress in developing and enacting a model statute meeting appropriate requirements and recommendations for appropriate legislative and administrative action, including possible incentives or sanctions for States failing to enact an appropriate model statute or failing to enforce such statute. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Payment Reauthorization Act
of 1994''.
SEC. 2. AUTHORIZATION OF ANNUAL FEDERAL PAYMENT TO DISTRICT OF COLUMBIA
FOR FISCAL YEAR 1996.
Section 503 of the District of Columbia Self-Government and
Governmental Reorganization Act (sec. 47-3406.1, D.C. Code) is amended
by adding at the end the following new subsection:
``(c) There is authorized to be appropriated as the annual Federal
payment to the District of Columbia for fiscal year 1996
$660,000,000.''.
SEC. 3. PERFORMANCE AND FINANCIAL ACCOUNTABILITY REQUIREMENTS FOR
DISTRICT GOVERNMENT.
(a) In General.--Subpart 2 of part D of title IV of the District of
Columbia Self-Government and Governmental Reorganization Act is
amended--
(1) in the heading for such subpart, by striking ``Audit'' and
inserting ``Audits and Accountability Requirements''; and
(2) by adding at the end the following new section:
``performance and financial accountability
``Sec. 456. (a) Performance Accountability Plan.--
``(1) Submission of annual plan.--Not later than March 1 of
each year (beginning with 1995), the Mayor shall develop and submit
to the Committee on the District of Columbia of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, the Committees on Appropriations of the House of
Representatives and the Senate, and the Comptroller General a
performance accountability plan for all departments, agencies, and
programs of the government of the District of Columbia for the
subsequent fiscal year.
``(2) Contents of plan.--The performance accountability plan
for a fiscal year shall contain the following:
``(A) A statement of measurable, objective performance
goals established for all significant activities of the
government of the District of Columbia during the fiscal year
(including activities funded in whole or in part by the
District but performed in whole or in part by some other public
or private entity) that describe an acceptable level of
performance by the government and a superior level of
performance by the government.
``(B) A description of the measures of performance to be
used in determining whether the government has met the goals
established under subparagraph (A) with respect to an activity
for a fiscal year. Such measures shall analyze the quantity and
quality of the activities involved, and shall include measures
of program outcomes and results.
``(C) The title of the District of Columbia management
employee most directly responsible for the achievement of each
goal and the title of such employee's immediate supervisor or
superior.
``(3) Description of activities subject to court order.--In
addition to the material included in the performance accountability
plan for a fiscal year under paragraph (2), the plan shall include
a description of the activities of the government of the District
of Columbia that are subject to a court order during the fiscal
year and the requirements placed on such activities by the court
order.
``(b) Performance Accountability Report.--
``(1) Submission of report.--Not later than March 1 of each
year (beginning with 1997), the Mayor shall develop and submit to
the Committee on the District of Columbia of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, the Committees on Appropriations of the House of
Representatives and the Senate, and the Comptroller General a
performance accountability report on activities of the government
of the District of Columbia during the fiscal year ending on the
previous September 30.
``(2) Contents of report.--The performance accountability
report for a fiscal year shall contain the following:
``(A) For each goal of the performance accountability plan
submitted under subsection (a) for the year, a statement of the
actual level of performance achieved compared to the stated
goal for an acceptable level of performance and the goal for a
superior level of performance.
``(B) The title of the District of Columbia management
employee most directly responsible for the achievement of each
goal and the title of such employee's immediate supervisor or
superior.
``(C) A statement of the status of any court orders
applicable to the government of the District of Columbia during
the year and the steps taken by the government to comply with
such orders.
``(3) Evaluation of report.--The Comptroller General, in
consultation with the Director of the Office of Management and
Budget, shall review and evaluate each performance accountability
report submitted under this subsection and not later than April 15
of each year shall submit comments on such report to the Committee
on the District of Columbia of the House of Representatives, the
Committee on Governmental Affairs of the Senate, and the Committees
on Appropriations of the House of Representatives and the Senate.
``(c) Financial Accountability Plan and Report.--
``(1) Development and submission.--Not later than March 1 of
each year (beginning with 1995), the Mayor shall develop and submit
to the Committee on the District of Columbia of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, the Committees on Appropriations of the House of
Representatives and the Senate, and the Comptroller General a 5-
year financial plan for the government of the District of Columbia
that contains a description of the steps the government will take
to eliminate any differences between expenditures from, and
revenues attributable to, each fund of the District of Columbia
during the first 5 fiscal years beginning after the submission of
the plan.
``(2) Report on compliance.--
``(A) Submission of report.--Not later than March 1 of
every year (beginning with 1997), the Mayor shall submit a
report to the Committee on the District of Columbia of the
House of Representatives, the Committee on Governmental Affairs
of the Senate, the Committees on Appropriations of the House of
Representatives and the Senate, the Comptroller General, and
the Director of the Congressional Budget Office on the extent
to which the government of the District of Columbia was in
compliance during the preceding fiscal year with the applicable
requirements of the financial accountability plan submitted for
such fiscal year under this subsection.
``(B) Evaluation of report.--The Comptroller General, in
consultation with the Director of the Congressional Budget
Office, shall review and evaluate the financial accountability
compliance report submitted under subparagraph (A) and not
later than April 15 of each year shall submit comments on such
report to the Committee on the District of Columbia of the
House of Representatives, the Committee on Governmental Affairs
of the Senate, and the Committees on Appropriations of the
House of Representatives and the Senate.
``(d) Quarterly Financial Reports.--
``(1) Submission of quarterly financial reports.--Not later
than fifteen days after the end of every calendar quarter
(beginning with a report for the quarter beginning October 1,
1994), the Mayor shall submit to the Committee on the District of
Columbia of the House of Representatives, the Committee on
Governmental Affairs of the Senate, and the Subcommittees on the
District of Columbia of the Committees on Appropriations of the
House of Representatives and the Senate, a report on the financial
and budgetary status of the government of the District of Columbia
for the previous quarter.
``(2) Contents of report.--Each quarterly financial report
submitted under paragraph (1) shall include the following
information:
``(A) A comparison of actual to forecasted cash receipts
and disbursements for each month of the quarter, as presented
in the District's fiscal year consolidated cash forecast which
shall be supported and accompanied by cash forecasts for the
general fund and each of the District government's other funds
other than the capital projects fund and trust and agency
funds.
``(B) A projection of the remaining months cash forecast
for that fiscal year.
``(C) Explanations of (i) the differences between actual
and forecasted cash amounts for each of the months in the
quarter, and (ii) any changes in the remaining months forecast
as compared to the original forecast for such months of that
fiscal year.
``(D) The effect of such changes, actual and projected, on
the total cash balance of the remaining months and for the
fiscal year.
``(E) Explanations of the impact on meeting the budget, how
the results may be reflected in a supplemental budget request,
or how other policy decisions may be necessary which may
require the agencies to reduce expenditures in other areas.
``(F) An aging of the outstanding receivables and payables,
with an explanation of how they are reflected in the forecast
of cash receipts and disbursements.
``(G) For each department or agency, the actual number of
full-time equivalent positions, the actual number of full-time
employees, the actual number of part-time employees, and the
actual number of temporary employees, together with the source
of funding for each such category of positions and
employees.''.
(b) Clerical Amendments.--The table of contents of the District of
Columbia Self-Government and Governmental Reorganization Act is
amended--
(1) in the item relating to subpart 2 of part D of title IV, by
striking ``Audit'' and inserting ``Audits and Accountability
Requirements''; and
(2) by inserting after the item relating to section 455 the
following new item:
``Sec. 456. Performance and financial accountability.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Federal Payment Reauthorization Act of 1994 - Amends the District of Columbia Self-Government and Governmental Reorganization Act to authorize $660 million to be appropriated as the Federal payment to the District of Columbia (DC) for FY 1996.
Requires the Mayor, by March 1 of each year, to develop and submit to specified congressional committees and the Comptroller General: (1) a performance accountability plan for all departments, agencies, and programs of the DC government for the subsequent fiscal year, including a description of the activities that are subject to a court order and the requirements placed on such activities by such order; and (2) a performance accountability report on activities of DC government during the fiscal year ending the previous September 30.
Directs the Comptroller General to review and evaluate each performance accountability report and submit comments to those congressional committees.
Requires the Mayor, by March 1 of each year, to develop and submit to specified congressional committees and the Comptroller General: (1) a five-year financial plan for the DC government that describes steps the government will take to eliminate any differences between expenditures from, and revenues attributable to, each DC fund during the first five fiscal years beginning after submission of the plan; and (2) a report on the extent to which the DC government was in compliance during the preceding fiscal year with the applicable requirements of such plan (beginning with 1997).
Directs the Comptroller General to review and evaluate the financial accountability compliance report and submit comments to such congressional committees.
Requires the Mayor to submit quarterly financial reports on the financial and budgetary status of the DC government for the previous quarter. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thirteenth Amendment Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The economic contributions of enslaved African
Americans to the American economy between 1691 and 1860 were
immeasurable. This labor force was used to build the
foundations upon which America stands today.
(2) From the 16th through the 19th centuries, most colonial
economies in the Americas were dependent on human-trafficking
and the use of enslaved African labor for their survival. This
included the North American mercantile and shipping sectors
that were dependent on slave-produced cotton, rice, sugar and
indigo, and the profits derived from triangular trade with the
West Indies, Africa, and Europe.
(3) Enslaved Africans in the United States were also
recognized as an important element in the political and
economic capital in the nation's political economy.
(4) Over the course of 246 years, slaves contributed an
estimated 605 billion hours of forced free labor, the gain from
which provided ``seed capital'' for the American economy,
helped finance the birth of American finance and industrial
sectors, contributed to the growth of most of the ``Fortune
500'' companies, and ultimately assisted the nation in
financing both world wars.
(5) During the Civil War, after Union forces repelled a
Confederate invasion at the battle of Antietam in 1862,
President Abraham Lincoln issued the Emancipation Proclamation,
which declared that all slaves in states then in rebellion
would be ``forever free'' as of January 1, 1863. By his action,
Lincoln added a new and revolutionary dimension to the nation's
war aims: from being a conflict to preserve the Union, the
Civil War grew to be a crusade to end black slavery and fulfill
the promise of the Declaration of Independence.
(6) In the spring of 1864, Charles Sumner introduced an
anti-slavery amendment in the Senate, much like the amendments
that were introduced in the House by Representatives James
Ashley and James Wilson in December of 1863, which declared all
persons as equal, prohibited the slavery, and granted Congress
the power to enforce these provisions. After extensive debate,
the 13th Amendment was formed from this proposal, with the
omission of the declaration of equality of all persons, and
passed the Senate on April 8, 1864, by a vote of 38-6.
(7) Debates between abolitionists and supporters of slavery
focused on the moral issue of slavery and various
interpretations of ``natural law''. Representative John
Farnsworth of Illinois stated that ``the old fathers who made
the constitution believed that slavery was at war with the
rights of human nature'', and pointed out the contradiction
between the existence of inalienable rights and the institution
of slavery. Some members within the Republican Party, such as
Charles Sumner, sought an interpretation of the Constitution
that rejected slavery as incompatible with moral law.
(8) President Lincoln took an active role in promoting the
13th Amendment in Congress. He ensured that the Republican
Party's 1864 election platform included a provision supporting
a constitutional amendment to ``terminate and forever prohibit
the existence of Slavery''. His efforts were met with success
when the House passed the bill on January 31, 1865, with a vote
of 119-56.
(9) On February 1, 1865, Illinois became the first state to
ratify the proposed 13th Amendment; it was joined by 17 other
states by the end of the month. Georgia ratified on December 6,
1865, becoming the 27th of 36 states to approve the Amendment,
thus achieving the constitutional requirement that it be
ratified by three-fourths of the states. Secretary of State
William Seward declared the 13th Amendment to be part of the
Constitution on December 18.
(10) The Smithsonian National Museum of African American
History and Culture (hereafter referred to in this section as
the ``NMAAHC'') was established by an Act of Congress in 2003,
in Public Law 108-184.
(11) It is fitting that the NMAAHC receive the surcharges
from the sale of coins issued under this Act because the Museum
is devoted to the documentation of African American life, and,
among other areas, encompasses the period of slavery and the
era of Reconstruction.
(12) The surcharge proceeds from the sale of a
commemorative coin, which would have no net cost to the
taxpayers, would raise valuable funding to supplement the
endowment and educational outreach funds of the NMAAHC.
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 in commemoration of the Sesquicentennial Anniversary of
the passage of the 13th Amendment:
(1) $50 bi-metallic platinum and gold coins.--Not more than
250,000 $50 coins, which shall--
(A) have a weight, diameter, and thickness
determined by the Secretary; and
(B) contain platinum and .9167 pure gold.
(2) $20 gold coins.--Not more than 250,000 $20 coins, which
shall--
(A) weigh 33.931 grams;
(B) have a diameter of 32.7 millimeters; and
(C) contain .900 pure gold.
(3) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 31.103 grams;
(B) have a diameter of 40.6 millimeters; and
(C) contain .999 fine silver.
(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 the purposes of sections 5134 and 5136
of title 31, United States Code, all coins minted under this Act shall
be considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this Act
shall be emblematic of the Thirteenth Amendment and the abolishment of
slavery in America.
(b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``1865-2015''; 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 Act--
(1) shall be based on the economic contributions of
slavery, and include images of the pathway from slavery to
freedom;
(2) may include, on the $20 coins, that the design elements
be in high relief;
(3) may include, on the $50 coins--
(A) on the obverse, an illustration of Columbia or
similar figure representing Liberty, the female
representation of America; and
(B) on the reverse, a single eagle, and a set of
stars on one or both sides;
(4) shall be selected by the Secretary after consultation
with the Commission of Fine Arts; and
(5) shall be reviewed by the Citizens Coinage Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period of Issuance.--The Secretary may issue coins minted under
this Act only during the calendar year beginning January 1, 2016,
except that the Secretary may initiate sales of such coins, without
issuance, before such date.
(c) Minting in 2016.--Notwithstanding section 5112(d)(1) of title
31, United States Code, the Secretary may continue to mint the coins
under this Act in the year 2016.
SEC. 6. SALE OF COINS.
(a) Sales 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 required under section 7(a) with respect
to such coins; and
(3) the cost of designing and issuing such 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 at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sales prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Smithsonian National Museum of African American History and Culture
to carry out the purposes of the museum, which goes beyond simply
telling the history of African Americans, creating an opportunity for
anyone who cares about African American Culture a place to explore,
learn, and revel in the rich history of African American Culture.
(c) Audits.--The Smithsonian National Museum of African American
History and Culture shall be subject to the audit requirements of
section 5134(f)(2) of title 31, United States Code, with regard to the
amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code. The Secretary of the Treasury may issue guidance to
carry out this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act is recovered by the United States Treasury,
consistent with sections 5112(m) and 5134(f) of title 31,
United States Code. | Thirteenth Amendment Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue the following coins in commemoration of the sesquicentennial anniversary of the passage of the Thirteenth Amendment to the Constitution (formally abolished slavery in the United States): up to 250,000 $50 bi-metallic platinum and gold coins, up to 250,000 $20 gold coins, and up to 500,000 $1 silver coins. Requires such coins to be considered legal tender and numismatic items. Permits the Secretary to issue such coins only during the calendar year beginning January 1, 2016, except that sales may be initiated, without issuance, before such date. Requires specified surcharges received by the Secretary from the sale of such coins to be paid to the Smithsonian National Museum of African American History and Culture. Directs the Secretary to ensure that: (1) the minting and issuing of such coins will not result in any net cost to the U.S. government; and (2) no funds, including applicable surcharges, are disbursed to the Museum until the total cost of designing and issuing all such coins is recovered by the Treasury. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Assault Forensic Evidence
Registry Act of 2010'' or the ``SAFER Act of 2010''.
SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE
BACKLOGS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.'';
(2) in subsection (c)(3), in the matter preceding
subparagraph (A), by inserting ``from funds made available
under subsection (j)(1)'' after ``paragraph (1)'';
(3) in subsection (d)(3)(C), by striking ``subsection (j)''
and inserting ``subsection (j)(1)'';
(4) in subsection (j)--
(A) by striking ``There are'' and inserting the
following:
``(1) In general.--There are''; and
(B) by adding at the end the following new
paragraph:
``(2) Amounts for auditing sexual assault evidence
backlogs.--In addition to amounts appropriated under paragraph
(1), there are authorized to be appropriated to the Attorney
General for grants for the purpose described in subsection
(a)(6) $10,000,000 for each of fiscal years 2011 through
2014.'';
(5) in subsection (k), in the matter preceding paragraph
(1), by striking ``subsection (j)'' and inserting ``subsection
(j)(1)''; and
(6) by adding at the end the following new subsection:
``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(6) only if the State or
unit of local government--
``(A) submits a plan for performing the audit of
samples described in such subsection; and
``(B) includes in such plan a good-faith estimate
of the number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(6) shall--
``(A) not later than 1 year after receiving such
grant--
``(i) complete the audit referred to in
paragraph (1)(A) in accordance with the plan
submitted under such paragraph; and
``(ii) for each sample of sexual assault
evidence identified in such audit, subject to
paragraph (4), enter into the Sexual Assault
Forensic Evidence Registry established under
section 3 of the SAFER Act of 2010 the
information listed in subsection (b)(1) of such
section;
``(B) not later than 14 days after receiving
possession of a sample of sexual assault evidence that
was not in the possession of the State or unit of local
government at the time of such audit, subject to
paragraph (4), enter into such Registry the information
listed in such subsection with respect to the sample;
and
``(C) not later than 30 days after a change in the
status referred to in subparagraph (E) of such
subsection of a sample with respect to which the State
or unit of local government has entered information
into such Registry, update such status.
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline in paragraph (2)(A) to a
State or unit of local government that demonstrates that more
time is required for compliance with such paragraph.
``(4) Samples exempt from registry requirement.--A State or
unit of local government is not required under paragraph (2) to
enter into the Registry described in such paragraph information
with respect to a sample of sexual assault evidence if--
``(A) the sample is not considered criminal
evidence (such as a sample collected anonymously from a
victim who is unwilling to make a criminal complaint);
or
``(B) the sample relates to a sexual assault for
which the prosecution of each perpetrator is barred by
a statute of limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting
testing' means, with respect to a sample of sexual
assault evidence, that--
``(i) the sample has been collected and is
in the possession of a State or unit of local
government;
``(ii) DNA and other appropriate forensic
analyses have not been performed on such
sample; and
``(iii) the sample is related to a criminal
case or investigation in which final
disposition has not yet been reached.
``(B) Final disposition.--The term `final
disposition' means, with respect to a criminal case or
investigation to which a sample of sexual assault
evidence relates--
``(i) the conviction or acquittal of all
suspected perpetrators of the crime involved;
``(ii) a determination by the State or unit
of local government in possession of the sample
that the case is unfounded; or
``(iii) a declaration by the victim of the
crime involved that the act constituting the
basis of the crime was not committed.
``(C) Possession.--The term `possession', used with
respect to possession of a sample of sexual assault
evidence by a State or unit of local government,
includes possession by an individual who is acting as
an agent of the State or unit of local government for
the collection of the sample.''.
SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall establish a Sexual
Assault Forensic Evidence Registry (in this section referred to as the
``Registry'') that--
(1) allows States and units of local government to enter
information into the Registry about samples of sexual assault
evidence that are in the possession of such States or units of
local government and are awaiting testing; and
(2) tracks the testing and processing of such samples.
(b) Information in Registry.--
(1) In general.--A State or unit of local government that
chooses to enter information into the Registry about a sample
of sexual assault evidence shall include the following
information:
(A) The date of the sexual assault to which the
sample relates.
(B) The city, county, or other appropriate locality
where the sexual assault occurred.
(C) The date on which the sample was collected.
(D) The date on which information about the sample
was entered into the Registry.
(E) The status of the progression of the sample
through testing and other stages of the evidentiary
handling process, including the identity of the entity
in possession of the sample.
(F) The date or dates after which the State or unit
of local government would be barred by any applicable
statutes of limitations from prosecuting a perpetrator
of the sexual assault for the sexual assault.
(G) Such other information as the Attorney General
considers appropriate.
(2) Personally identifiable information.--The Attorney
General shall ensure that the Registry does not include
personally identifiable information or details about a sexual
assault that might lead to the identification of the
individuals involved, except the information listed in
paragraph (1).
(c) Sample Identification Number.--A State or unit of local
government that chooses to enter information about a sample of sexual
assault evidence into the Registry shall assign to the sample a unique
numeric or alphanumeric identifier. In assigning the identifier, a
State or unit of local government may use a case-numbering system used
for other purposes, but the Attorney General shall ensure that the
identifier assigned to each sample is unique with respect to all
samples entered by all States and units of local government.
(d) Update of Information.--A State or unit of local government
that chooses to enter information about a sample of sexual assault
evidence into the Registry shall, not later than 30 days after a change
in the status of the sample referred to in subsection (b)(1)(E), update
such status.
(e) Internet Access.--The Attorney General shall make the Registry
accessible to the public on an appropriate Internet website.
(f) Technical Assistance.--The Attorney General shall--
(1) provide a means by which an entity that does not have
access to the Internet may enter information into the Registry;
and
(2) provide the technical assistance necessary to allow
States and units of local government to participate in the
Registry.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of the
fiscal years 2011 through 2014.
SEC. 4. REPORT ON BEST PRACTICES FOR TESTING AND USE OF DNA EVIDENCE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall develop and
disseminate to law enforcement agencies and other appropriate entities
a report on best practices for the testing and use of DNA evidence
collected as part of the criminal investigation of sexual assault
cases. In developing the best practices, the Attorney General shall
take into account that sexual assault perpetrators are often habitual
offenders, may commit many acts of sexual violence against both
strangers and victims known to them, and may commit other violent
crimes and crimes against property.
(b) Content.--The best practices developed under subsection (a)
shall--
(1) establish the appropriate prioritization of testing of
samples of sexual assault evidence, including samples related
to--
(A) cases in which a suspect has been identified
and cases in which a suspect has not been identified;
and
(B) cases in which the assault was committed by a
stranger and cases in which the assault was committed
by someone known to the victim;
(2) describe the protocols for appropriately handling and
storing samples of sexual assault evidence;
(3) describe the evidentiary value of and make
recommendations pertaining to testing all samples of sexual
assault evidence, including samples related to--
(A) cases in which a suspect has been identified
and cases in which a suspect has not been identified;
(B) cases in which the assault was committed by a
stranger and cases in which the assault was committed
by someone known to the victim;
(C) cases in which prosecution of a perpetrator is
barred by an applicable statute of limitations; and
(D) cases in which forensic evidence has been
collected from a victim who, pursuant to section
2010(d)(1) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-4(d)(1)), chooses
not to participate in the criminal justice system or
cooperate with law enforcement; and
(4) make recommendations with respect to notifying a victim
that the sample of sexual assault evidence of the victim has
been tested, including victims in cases--
(A) that are actively being investigated (including
cases being actively investigated after a period of
dormancy); and
(B) in which prosecution of a perpetrator is barred
by an applicable statute of limitations.
(c) Sense of Congress.--It is the sense of Congress that law
enforcement agencies and other appropriate entities should use the best
practices developed and disseminated under subsection (a) to develop,
evaluate, and improve DNA evidence protocols.
SEC. 5. REPORTS TO CONGRESS.
Not later than 90 days after the end of each fiscal year for which
a grant is made for the purpose described in section 2(a)(6) of the DNA
Analysis Backlog Elimination Act of 2000, as added by section 2(1) of
this Act, the Attorney General shall submit to Congress a report that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of such Act, as added by section
2(6) of this Act; and
(3) summarizes the processing status of the samples of
sexual assault evidence on which information has been entered
into the Sexual Assault Forensic Evidence Registry established
under section 3, including the number of samples that have not
been tested. | Sexual Assault Forensic Evidence Registry Act of 2010 or the SAFER Act of 2010 - Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) allow states or local governments to use grant funds under such Act to conduct audits of samples of sexual assault evidence that are awaiting testing; and (2) provide funding in FY2011-FY2014 for such purpose. Authorizes the Attorney General to award grants for such audits only if the grant recipient (i.e., a state or local government) submits a plan for performing the audit of samples of sexual assault evidence and includes a good-faith estimate of the number of such samples.
Requires the Attorney General to: (1) establish a Sexual Assault Forensic Evidence Registry to include information about samples of sexual assault evidence awaiting testing and to track the testing and processing of such samples; and (2) develop and disseminate to law enforcement and other appropriate agencies a report on best practices for the testing and use of DNA evidence collected as part of a criminal investigation of sexual assault cases. Sets forth requirements relating to information required to be included in such Registry, the protection of personally identifiable information in the Registry, and the updating of information in the Registry.
Expresses the sense of Congress that law enforcement agencies and other appropriate entities should use the best practices developed by the Attorney General to develop, evaluate, and improve DNA evidence protocols. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Common Application
Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``Assistant Secretary'' means the Assistant
Secretary of Commerce for Economic Development;
(3) the term ``Executive agency'' has the same meaning as
in section 105 of title 5, United States Code;
(4) the term ``Executive Committee'' means the Executive
Committee on a Small Business Common Application established
under section 4; and
(5) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 3. ESTABLISHMENT OF A SMALL BUSINESS COMMON APPLICATION AND WEB
PORTAL.
(a) Common Application and Web Portal.--Subject to the availability
of appropriations, the Administrator, in consultation with the
Executive Committee, shall establish a small business common
application and web portal.
(b) Common Application and Web Portal.--
(1) In general.--The web portal established under
subsection (a) shall allow a small business concern to submit a
single common application to apply for Federal assistance
provided by any Executive agency, including--
(A) a loan;
(B) a loan guarantee;
(C) a grant;
(D) technical assistance;
(E) counseling services; and
(F) other forms of assistance provided by an
Executive agency.
(2) Goals.--The small business common application and web
portal established under subsection (a) shall--
(A) maximize the ability of small business concerns
to use the common application and web portal to
interact with Executive agencies;
(B) maintain high standards for data privacy and
security;
(C) increase the degree and ease of information
sharing and coordination among programs serving small
business concerns that are carried out by Executive
agencies, including State and local offices of
Executive agencies; and
(D) minimize redundancy in the administration of
programs that use the common application and web
portal.
(c) Use of Common Application and Web Portal.--Each Executive
agency that provides Federal assistance to small business concerns
shall amend the rules of the Executive agency to provide for use of the
common application and web portal to apply for such Federal assistance.
(d) Rules.--Not later than 1 year after the date of enactment of
this Act, the Administrator, in consultation with the Executive
Committee, shall issue final rules establishing the small business
common application and web portal under this section.
(e) Maintenance and Amendment.--The Administrator shall maintain
the small business common application and web portal established under
subsection (a).
SEC. 4. EXECUTIVE COMMITTEE ON A SMALL BUSINESS COMMON APPLICATION.
(a) Establishment.--There is established in the Economic
Development Administration an Executive Committee on a Small Business
Common Application, which shall--
(1) make recommendations regarding the establishment of the
small business common application and web portal under section
3;
(2) monitor the implementation of the small business common
application and web portal; and
(3) make periodic recommendations to the Administrator for
the improvement of the small business common application and
web portal.
(b) Membership.--
(1) In general.--The members of the Executive Committee
shall consist of--
(A) the Assistant Secretary; and
(B) 1 senior officer or employee having policy and
technical expertise appointed by each of--
(i) the Administrator of the General
Services Administration;
(ii) the Administrator of the Small
Business Administration;
(iii) the Director of the National
Institutes of Health;
(iv) the Director of the National Science
Foundation;
(v) the President of the Export-Import
Bank;
(vi) the Secretary of Agriculture;
(vii) the Secretary of Defense;
(viii) the Secretary of Health and Human
Services;
(ix) the Secretary of Labor;
(x) the Secretary of State;
(xi) the Secretary of the Treasury; and
(xii) the Secretary of Veterans Affairs.
(2) Chairperson.--The Assistant Secretary shall serve as
chairperson of the Executive Committee.
(3) Period of appointment.--Members of the Executive
Committee shall be appointed for a term of 3 years.
(4) Vacancies.--A vacancy in the Executive Committee shall
be filled in the same manner as the original appointment, not
later than 30 days after the date on which the vacancy occurs.
(c) Meetings.--
(1) In general.--The Executive Committee shall meet at the
call of the chairperson of the Executive Committee.
(2) Quorum.--A majority of the members of the Executive
Committee shall constitute a quorum.
(3) First meeting.--The first meeting of the Executive
Committee shall take place not later than 30 days after the
date of enactment of this Act.
(4) Public meeting.--The Executive Committee shall hold at
least one public meeting before the date described in
subsection (d)(1) to receive comments from small business
concerns and other interested parties.
(d) Duties.--
(1) Recommendations.--Not later than 180 days after the
date of enactment of this Act, upon a vote of the majority of
members of the Executive Committee then serving, the Executive
Committee shall submit to the Administrator recommendations
relating to the establishment of the small business common
application and web portal described in section 3.
(2) Transmission to executive agencies.--The Executive
Committee shall transmit to each Executive agency a complete
copy of the recommendations submitted under paragraph (1).
(3) Recommendations by executive agencies.--Not later than
30 days after the date on which the Executive Committee
transmits recommendations to the Executive agency under
paragraph (2), each Executive agency that provides Federal
assistance to small business concerns shall submit to Congress
recommendations, if any, for legislative changes necessary for
the Executive agency to carry out this Act.
(e) Personnel Matters.--
(1) Compensation of members.--The members of the Executive
Committee shall serve without compensation in addition to that
received for their services as officers or employees of the
United States.
(2) Detail of employees.--The Administrator may detail to
the Executive Committee any employee of the Economic
Development Administration, and such detail shall be without
interruption or loss of civil service status or privilege.
(f) Federal Advisory Committee Act.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to
the Executive Committee.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator such
sums as may be necessary to carry out this Act. | Small Business Common Application Act of 2012 - Directs the Administrator of the Small Business Administration (SBA) to establish and maintain a small business common application and web portal (application and portal) to allow small businesses to submit a single common application for federal assistance provided by any executive agency, including loans and loan guarantees, grants, technical assistance, and counseling services.
Establishes in the Economic Development Administration an Executive Committee on a Small Business Common Application, which shall: (1) make recommendations regarding the establishment of the application and portal, (2) monitor their implementation, and (3) make periodic recommendations to the Administrator for their improvement. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Relief Well Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the April 20, 2010, explosion and sinking of the mobile
offshore drilling unit Deepwater Horizon resulted in the
largest release of petroleum in the history of the United
States, causing tens of billions of dollars in economic damages
and widespread devastation of natural resources;
(2) numerous attempts over several months failed to stem
the flow of oil from the Deepwater Horizon incident, including
the use of--
(A) a containment dome to cover the leak;
(B) a top kill procedure to plug the well with
viscous drilling fluid;
(C) a junk shot to clog the well with various waste
materials; and
(D) a cut and cap procedure to excise a damaged
riser pipe and apply an oil collection device;
(3) all of the attempts described in paragraph (2) failed
to permanently stop the flow of oil;
(4) drilling emergency relief wells is the most effective
procedure to permanently stop the flow of oil from a damaged
well;
(5) the success of relief wells in stopping oil spills has
been demonstrated in the Ixtoc Spill in Mexico in 1979 and the
Montara Spill in Australia in 2009, which were 2 of the largest
oil spills in recent history;
(6) although emergency relief wells successfully stopped
the Ixtoc and Montara spills, the emergency relief wells--
(A) took several months to complete; and
(B) required multiple successive attempts before
finally stopping the flow of oil;
(7) other governments have maintained emergency relief well
policies to ensure that preparations are made for emergency
relief wells before an emergency blowout;
(8) although no measure can prevent a spill or leak or make
drilling safe, relief wells are the most proven way of stopping
a spill or leak after a spill or leak has occurred; and
(9) if emergency wells had been prepared at the mobile
offshore drilling unit Deepwater Horizon at the initiation of
drilling, months of disaster relief measures could have been
eliminated, and tens of millions of gallons of oil could have
been prevented from entering the Gulf of Mexico and damaging
the surrounding economies and natural resources.
SEC. 3. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.
(a) Geological and Geophysical Explorations.--Section 11 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended--
(1) in subsection (c)(3)--
(A) in subparagraph (C), by striking ``and'';
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following:
``(D) a plan for drilling at least 1 emergency
relief well concurrently with the drilling of the
proposed well; and''; and
(2) in subsection (e), by adding at the end the following:
``(3) Emergency relief well.--Any exploratory drilling
conducted under a lease shall be accompanied by the concurrent
drilling of at least 1 emergency relief well, subject to any
applicable requirements established by the Secretary.
``(4) Alternative measures.--The Secretary, in consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Commerce, may require, as an alternative
to the emergency relief well requirement under paragraph (3),
measures that the Secretary, after a period of notice and
public comment, determines would be at least as effective at
stopping a major release from a proposed well as the measures
required under that paragraph.''.
(b) Oil and Gas Development and Production.--Section 25 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) a plan for drilling at least 1 emergency relief well
concurrently with the proposed well;''; and
(2) by adding at the end the following:
``(m) Emergency Relief Wells.--
``(1) In general.--Any development and production drilling
conducted under a lease granted under this Act shall be
accompanied by the concurrent drilling of at least 1 emergency
relief well, subject to any applicable requirements established
by the Secretary.
``(2) Alternative measures.--The Secretary, in consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Commerce, may require, as an alternative
to the emergency relief well requirement under paragraph (1),
measures that the Secretary, after a period of notice and
public comment, determines would be at least as effective at
stopping a major release from a proposed well as the measures
required under that paragraph.''. | Emergency Relief Well Act - Amends the Outer Continental Shelf Lands Act, with respect to geological and geophysical explorations as well as oil and gas development and production, to require an exploration plan submitted for approval to include a plan for drilling at least one emergency relief well concurrently with the drilling of the proposed well.
Requires any exploratory drilling in submerged lands of the outer Continental Shelf conducted under a lease (including drilling for oil and gas development and production) to be accompanied by the concurrent drilling of at least one emergency relief well, subject to any applicable requirements established by the Secretary of the Interior.
Authorizes the Secretary to require, as an alternative to such emergency relief well requirement, measures that would be at least as effective at stopping a major release from a proposed well. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Mining Control and
Reclamation Amendments Act of 1995''.
SEC. 2. STATEMENT OF FINDINGS AND POLICY.
Section 101 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201) is amended--
(1) by striking ``and'' at the end of paragraph (j);
(2) by striking the period at the end of paragraph (k) and
inserting ``; and''; and
(3) by adding at the end the following:
``(l) a majority of the coal-producing States have
developed programs that regulate surface and underground coal
mining operations within their borders in an environmentally
sound manner, taking into account the diversity in terrain,
climate, chemical, and other physical conditions in areas
subject to mining operations; and
``(m) duplication in regulatory programs should be avoided
and States assume the exclusive responsibility under approved
State programs for permitting and enforcement of the provision
of this Act with respect to surface coal mining and reclamation
operations within the States.''.
SEC. 3. FUNCTIONS OF OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT.
Section 201(c)(1) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1211(c)) is amended to read as follows:
``(1)(A) administer the programs for controlling surface
coal mining operations which are required by this Act;
``(B) review and approve or disapprove State programs for
controlling surface coal mining operations and reclaiming
abandoned mine lands;
``(C) except in a State with an approved State program--
``(i) make those investigations and inspections
necessary to ensure compliance with this Act,
``(ii) conduct hearings, administer oaths, issue
subpoenas, and compel the attendance of witnesses and
production of written or printed material, and
``(iii) review and vacate or modify or approve
orders and decisions, and order the suspension,
revocation, or withholding of any permit for failure to
comply with any of the provisions of this Act or any
rules and regulations adopted pursuant thereto;''.
SEC. 4. STATE PROGRAMS.
Section 503 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1253) is amended by adding at the end the following:
``(e) With respect to a State with an approved State program--
``(1) the State program shall apply in lieu of this Act to
surface coal mining and reclamation operations in the State;
and
``(2) the provisions of this Act and the regulations
promulgated by the Secretary pursuant to this Act shall not
become effective with respect to surface coal mining and
reclamation operations within a State with an approved State
program until such time as the State has amended its approved
State program and the permittee has been provided a reasonable
time (as determined by the regulatory authority) to conform
ongoing surface coal mining and reclamation operations to any
revised or additional requirements under such amended State
program.''.
SEC. 5. FEDERAL PROGRAMS.
Section 504(b) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1254(b)) is amended by striking ``section 521'' and
inserting ``section 521(b)''.
SEC. 6. PERMITS.
Section 506 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1256) is amended by adding at the end the following:
``(e) A surface coal mining and reclamation operation that is in
compliance with the terms and conditions of a permit issued pursuant to
this Act shall be deemed to be in compliance with the environmental
protection standards of this Act and the approved State program or
Federal program or Federal lands program pursuant to this Act, except
that the regulatory authority may, pursuant to section 511(c) of this
Act, require reasonable revisions of a permit to ensure compliance with
this Act and regulatory program.''.
SEC. 7. ENFORCEMENT.
(a) Notice for Abatement.--Section 521(a)(3) of such Act (30 U.S.C.
1271(a)(3)) is amended by striking ``or section 504(b)''.
(b) Suspension and Revocation Order.--Section 521(a)(4) of such Act
(30 U.S.C. 1271(a)(4)) is amended by striking ``or section 504''.
(c) State Responsibility.--Section 521(a) (30 U.S.C. 1271(a)) is
amended by adding at the end the following:
``(6)(A) Except as provided in subparagraph (B) and paragraph (2)
of this subsection, the regulatory authority shall have the sole
responsibility for issuance of a notice to the permittee or his agent
of a violation of any requirement of this Act or any permit condition
required by this Act, and the suspension or revocation of any permit
issued pursuant to a State program, which determination by the State
regulatory authority shall be subject to administrative and judicial
review in accordance with State law.
``(B) The responsibility for enforcement at any surface coal mining
and reclamation operation of any provision of the Federal Water
Pollution Control Act or any State law enacted pursuant thereto, or
other Federal laws relating to preservation of water quality, including
(but not limited to) compliance with effluent limitations and water
quality standards shall rest with the regulatory authority approved by
the United State Environmental Protection Agency under such water
quality laws.''.
SEC. 8. JUDICIAL REVIEW.
(a) Order of ALJ.--Section 526(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1276) is amended by adding at the
end the following:
``(3) For the purposes of this section, an order of an
administrative law judge in a proceeding conducted pursuant to section
554 of title 5, United States Code, shall be deemed a final decision of
the Secretary subject to judicial review in accordance with this
section.''.
(b) Actions Relating to State Program.--Section 526 of such Act (30
U.S.C. 1276) is amended by striking subsection (e) and inserting the
following:
``(e) Action of the State regulatory authority pursuant to an
approved State program shall be subject to judicial review by a court
of competent jurisdiction in accordance with State law.
``(f) Where there is an approved State program, any action of the
Secretary pursuant to section 521(b) shall be subject to judicial
review by the United States district court for the district which
includes the capital of the State whose program is at issue.''.
SEC. 9. TIME LIMITATION.
(a) In General.--Title VII of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1291 and following) is amended by
adding the following new section at the end thereof:
``SEC. 722. TIME LIMITATION.
``An action, suit, or any other proceeding under this Act for the
enforcement of any violation, fine, penalty, or forfeiture, pecuniary
or otherwise, shall be barred unless commenced within three years from
the date on which the violation first occurs.''.
(b) Technical Amendment.--The table of contents in the first
section of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. prec. 1201) is amended by inserting after the item for section
719 the following:
``Sec. 720. Subsidence.
``Sec. 721. Research.
``Sec. 722. Time limitation.''.
SEC. 10. DEFINITIONS.
Section 701(28) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1291(28)) is amended to read as follows:
``(28) `surface coal mining operation'--
``(A)(i) means an activity conducted on the surface
of land in connection with a surface coal mine or,
subject to the requirements of section 516, surface
operations of an underground coal mine, the products of
which enter commerce or the operations of which
directly or indirectly affect interstate commerce; and
``(ii) includes excavation for the purpose of
obtaining coal by such common methods as--
``(I) contour, strip, auger, mountaintop
removal, box, cut, open pit, and area mining;
``(II) the use of explosives and blasting,
in situ distillation or retorting, leaching or
other chemical or physical processing; and
``(III) the cleaning, concentrating, other
processing or preparation, or loading of coal
for interstate commerce at or near the mine
site; but
``(iii) does not include the extraction of coal
incidental to the extraction of oth4er minerals where
coal does not exceed 16\2/3\ percent of the tonnage of
minerals removed for purposes of commercial use or sale
or coal explorations subject to section 512; and
``(B)(i) means the land on which such an activity
occurs or where such an activity disturbs the natural
land surface; and
``(ii) includes land adjacent to land described in
clause (i) the use of which is incidental to any such
activity, land affected by the construction of new
roads to gain access to the site of such an activity
and for haulage, and excavations, workings,
impoundments, dams, ventilation shafts, entryways,
refuse banks, dumps, stockpiles, overburden piles,
spoil banks, culm banks, tailings, holes or
depressions, repair areas, storage areas, processing
areas, shipping areas, and other areas on which are
sited structures, facilities, or other property or
materials on the surface, resulting form or incident to
such an activity; but
``(C) does not include the construction,
improvement, or use of a road that is--
``(i)(I) designated as a public road under
the law of the jurisdiction in which the road
is located; or
``(II) maintained under the authority of a
governmental entity; and
``(ii) constructed in a manner similar to
or better than the construction of other roads
that are of the same classification in the
jurisdiction and are open to public use.''. | Surface Mining Control and Reclamation Amendments Act of 1995 - Amends the Surface Mining Control and Reclamation Act of 1977 to: (1) repeal certain oversight functions of the Office of Surface Mining Reclamation and Enforcement; (2) provide for an approved State program for surface coal mining and reclamation operations which shall apply in that State in lieu of the Act; (3) declare the Act inapplicable to surface coal mining and reclamation operations within a State with an approved State program until such program has been amended, and the permittee has been provided reasonable time to conform operations to the amended program; and (4) declare that operations in compliance with a permit issued under the Act shall be deemed to be in compliance with its environmental protection standards and those of an approved State or Federal program pursuant to the Act.
Amends enforcement guidelines to grant a State regulatory authority sole enforcement responsibility for the Act and relevant State law, subject only to State administrative and judicial review. Confers enforcement responsibility for Federal water quality laws (including State law enacted pursuant thereto) upon the regulatory authority approved by the Environmental Protection Agency.
Revises judicial review guidelines to: (1) repeal the provision construing the availability of judicial review of a State regulatory authority as not limiting the operation of rights with respect to citizens' suits to compel compliance with Federal law; and (2) declare that an action by the Secretary of the Interior regarding inadequate State enforcement is subject to judicial review by the U.S. district court for the district which includes the capital of the State whose program is at issue.
Establishes a three-year statute of limitations for an enforcement proceeding under this Act.
Redefines surface coal mining operations to exclude public roads from the regulatory purview of the Act. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nuclear Proliferation
Prevention Act''.
SEC. 2. PROHIBITION ON NUCLEAR TRADE WITH IRAN.
(a) In General.--Chapter 11 of the Atomic Energy Act of 1954 is
amended by adding at the end the following new section:
``SEC. 135. PROHIBITION ON NUCLEAR TRADE WITH IRAN'S NUCLEAR SUPPLIERS.
``(a) Prohibitions.--Notwithstanding any other provision of this
Act, any international arrangement or any agreement for cooperation
made pursuant to this Act, or any other provision of law, no license,
approval, or authorization for the export or reexport, or transfer, or
retransfer, whether directly or indirectly, of any--
``(1) special nuclear material,
``(2) source material,
``(3) byproduct material,
``(4) production facility,
``(5) utilization facility,
``(6) items or components which are designed or intended to
be used in a production or utilization facility, or with
respect to which there is a risk of diversion for use in such a
facility,
``(7) items or components which are designed or intended
for use in the construction of a production or utilization
facility,
``(8) items and assistance requiring any authorization,
licensing, or other approval pursuant to this Act, or
``(9) any nuclear-related items on the Commerce Control
List maintained under part 774 of title 15, Code of Federal
Regulations (or any successor to such list),
may be made to any country that the President determines has, since
January 1, 2004, provided to the Islamic Republic of Iran any special
nuclear material, source material, byproduct material, production
facility, utilization facility, or items, components, or technologies
which are or can be used in a production or utilization facility or in
(or to develop, test, or manufacture) a nuclear explosive device.
``(b) Exceptions.--Subsection (a) shall not apply to exports,
reexports, transfers, or retransfers of radiation monitoring
technologies, surveillance equipment, seals, cameras, tamper-indication
devices, nuclear detectors, monitoring systems, or equipment necessary
to safely store, transport, or remove hazardous materials, whether such
items, services, or information are regulated by the Department of
Energy, the Department of Commerce, or the Nuclear Regulatory
Commission, except to the extent that such technologies, equipment,
seals, cameras, devices, detectors, or systems are available for use in
the design or construction of nuclear reactors or nuclear weapons.
``(c) Waivers.--The President may waive the application of
subsection (a) to a country if the President determines and certifies
to the Congress that the waiver will not result in any increased risk
that the Islamic Republic of Iran will acquire nuclear weapons, nuclear
reactors, or any materials or components of nuclear weapons and that--
``(1) the government of such country has not, within the
preceding 12-month period, provided any material support to the
Islamic Republic of Iran in acquiring nuclear materials,
nuclear reactors, or any technology or component which is or
could be used to manufacture a nuclear explosive device;
``(2) in the judgment of the President, the government of
such country has provided adequate, verifiable assurances that
it will cease all further exports or transfers of nuclear-
weapons-usable technology or material, and has put in place and
enforced effective export controls on transfers or exports of
such technology or material by nongovernmental entities;
``(3) the waiver is in the vital national security interest
of the United States; or
``(4) the waiver is essential to prevent or respond to a
serious radiological hazard in the country receiving the waiver
that may or does threaten public health and safety.
``(d) Cooperative Threat Reduction Programs.--This section shall
not apply to any license, approval, or authorization which the
President determines is necessary to implement Cooperative Threat
Reduction Programs. For purposes of this subsection, Cooperative Threat
Reduction Programs are the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).
``(e) Application.--This section shall apply with respect to any
license, approval, or authorization described in subsection (a) which
is made, or required to be made, on or after the date of the enactment
of this section.''.
(b) Conforming Amendment.--The table of contents of the Atomic
Energy Act of 1954 is amended by inserting after the item relating to
section 134 the following new item:
``Sec. 135. Prohibition on nuclear trade with Iran's nuclear
suppliers.''.
SEC. 3. REPORT TO CONGRESS.
Not later than 6 months after the date of the enactment of this
Act, the President shall submit a report to the Congress containing the
following information:
(1) A complete list of missile and nuclear materials and
technology provided to Iran by any entity in the People's
Republic of China, including the Chinese Government, or by the
government of, or any other entity in, any other country.
(2) An estimate and assessment of the current status of
efforts by Iran to acquire nuclear explosives and their
delivery vehicles.
(3) An assessment of the extent to which the agreement
recently reached between the Islamic Republic of Iran and the
governments of Great Britain, France, and Germany could
effectively limit further efforts by Iran to acquire nuclear
explosives.
(4) An evaluation of the basis for and credibility of
claims recently set forth by an Iranian resistance group that
Iran may be enriching uranium at a secret facility unknown to
United Nations weapons inspectors.
(5) Whether the United States has provided United Nations
and International Atomic Energy Agency (IAEA) weapons
inspectors with full access to the intelligence that forms the
basis for any conclusion that Iran is actively pursuing a
nuclear weapons program.
(6) The steps the United States is taking to ensure that
the United Nations and IAEA inspectors receive full access to
all suspected Iranian nuclear sites and that the United States
works together with the international community to ensure that
Iran provides such inspectors with full cooperation in their
efforts to verify that Iran has complied with its obligations
under the Treaty on the Non-Proliferation of Nuclear Weapons
and the agreement referred to in paragraph (3). | Iran Nuclear Proliferation Prevention Act - Amends the Atomic Energy Act of 1954 to prohibit granting any license, approval, or authorization for the export, re-export, transfer, or retransfer of specified components and facilities to a country that the President determines has provided to the Islamic Republic of Iran special nuclear material, source material, byproduct material, production facility, utilization facility, or items, components, or technologies which can be used in a production or utilization facility or in a nuclear explosive device.
Cites exceptions and defines circumstances under which the President is authorized to waive such prohibition.
Declares the prohibition inapplicable to any license, approval, or authorization which the President determines is necessary to implement the Cooperative Threat Reduction Programs.
Directs the President to report to Congress on efforts by Iran to acquire nuclear explosives and delivery vehicles, including actions by foreign countries or entities to provide Iran with nuclear materials, technology, and missiles. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Prevention for Youth Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The President's Emergency Plan for AIDS Relief (in this
Act referred to as ``PEPFAR'') is an unprecedented effort to
combat the global AIDS epidemic, with $9,000,000,000 targeted
for initiatives in 15 focus countries.
(2) The PEPFAR prevention goal is to avert 7,000,000 HIV
infections in the 15 focus countries--most in sub-Saharan
Africa where heterosexual intercourse is by far the predominant
mode of HIV transmission.
(3) The PEPFAR strategy for prevention of sexual
transmission of HIV is shaped by 3 elements: the ABC model,
defined as ``Abstain, Be faithful, use Condoms'', the promotion
of ``abstinence-until-marriage'', and deference to local
prevention needs.
(4) The United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 requires that at least
one-third of all prevention funds be reserved for abstinence-
until-marriage programs. In implementing this requirement, the
U.S. Global AIDS Coordinator has required that 50 percent of
prevention funding be dedicated to sexual transmission
prevention activities. This requirement severely limits
countries from employing strategies for the prevention of
sexual transmission other than abstinence, because the other
sexual transmission prevention programs under PEPFAR (such as
the purchase of condoms and management of sexually transmitted
infections) cannot exceed one-sixth of the total prevention
funds.
(5) The Government Accountability Office (GAO) issued a
report in April, 2006, ``Spending Requirement Presents
Challenges For Allocating Funding under the President's
Emergency Plan for AIDS Relief'', that found ``significant
challenges'' associated with meeting the earmark for
abstinence-until-marriage programs.
(6) GAO found that a majority of country teams report that
fulfilling the requirement presents challenges to their ability
to respond to local epidemiology and cultural and social norms.
(7) GAO found that, although some country teams may be
exempted from the abstinence-until-marriage spending
requirement, country teams that are not exempted have to spend
more than the 33 percent of prevention funds on abstinence-
until-marriage activities--sometimes at the expense of other
programs.
(8) Indeed, according to GAO, the proportion of HIV
prevention funds dedicated to ``other prevention'' activities
(i.e. the purchase and promotion of condoms, management of
sexually transmitted infections other than HIV, and messages or
programs to reduce injection drug use) declined from 23 percent
in fiscal year 2005 to 18 percent in fiscal year 2006 for
country teams that did not receive exemptions.
(9) GAO found that, as a result of the abstinence-until-
marriage spending requirement, some countries have had to
reduce planned funding for Prevention of Mother-to-Child
Transmission programs, thereby limiting services for pregnant
women and their children.
(10) GAO found that the abstinence-until-marriage spending
requirement limited or reduced funding for programs directed to
high-risk groups, such as services for married discordant
couples, sexually active youth, and commercial sex workers.
(11) GAO found that the abstinence-until-marriage spending
requirement made it difficult for countries to fund medical and
blood safety activities.
(12) GAO found that, because of the abstinence-until-
marriage spending requirement, some countries would likely have
to reduce funding for condom procurement and condom social
marketing.
(13) In addition, GAO found that two-thirds of focus
country teams reported that the policy for implementing the ABC
model is unclear and open to varying interpretations, causing
confusion about which groups may be targeted and whether youth
may receive the ABC message.
(14) GAO found that the ABC guidance does not clearly
delineate permissible C activities under the ABC model. Program
staff reported that they feel ``constrained'' by restrictions
on promoting or marketing condoms to youth. Other country teams
reported confusion about whether PEPFAR funds may be used for
broad condom social marketing, even to adults in a generalized
epidemic.
(15) Each day, an estimated 13,400 people worldwide are
newly infected with HIV.
(16) Sub-Saharan Africa is home to almost two-thirds of the
estimated 40,000,000 people currently living with HIV.
(17) In many African countries, the epidemic has spread
among the general population. The HIV prevalence rate for the
general population is 8 percent across sub-Saharan Africa.
Among the United States focus countries in sub-Saharan Africa,
the HIV prevalence rate ranges from 4 percent in Uganda to 37
percent in Botswana.
(18) According to the Joint United Nations Programme on
HIV/AIDS, young people between the ages of 15 and 24 are ``the
most threatened by AIDS'' and ``are at the centre of HIV
vulnerability''. Globally, this age group accounts for half of
all new HIV cases each year. More than 7,000 young people
contract the virus every day.
(19) Most young people in sub-Saharan Africa have sex
before marriage during their adolescent years. In many
countries, at least half of all women have sex before age 20
and before marriage. Among young men, more than 70 percent have
premarital sex before age 20.
(20) Many adolescents, who are sexually active and not yet
married, have inadequate information on how to protect
themselves against HIV. Fewer than half of young people in sub-
Saharan Africa mention abstinence, monogamy, or condom use as a
way of avoiding HIV.
(21) Young people who have sex are at greater risk of
acquiring HIV than adults, partly because of their lack of
knowledge. They are apt to change partners frequently, have
more than 1 partner in the same time period, or engage in
unprotected sex.
(22) Coercion and sexual violence undercut the ability of
young people--women in particular--to prevent HIV and
contribute to the vulnerability to infection. In addition,
gender inequality makes it much more difficult for young women
to negotiate abstinence from sex or to insist that their
partners remain faithful or use condoms.
(23) Marriage does not protect young women from HIV, even
when they are faithful to their husbands. In some settings, it
appears marriage actually increases a woman's HIV risk. In some
African countries, married women aged 15-19 have higher HIV
infection levels than nonmarried sexually active women of the
same age.
(24) A recent USAID-funded review found that sex and HIV
education programs that encourage abstinence but also discuss
the use of condoms do not increase sexual activity as critics
of sex education have long alleged. Sex education can help
delay the initiation of intercourse, reduce the frequency of
sex and the number of sexual partners, and also increase condom
use.
(25) Young people are our greatest hope for changing the
course of the AIDS epidemic. According to the World Health
Organization, ``Focusing on young people is likely to be the
most effective approach to confronting the epidemic,
particularly in high prevalence countries.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that sexually active young people, both
unmarried and married, who live in a country where HIV infection is
spreading through the general population, rather than being confined to
specific populations, such as sex workers and their clients, injecting
drug users, and men who have sex with men, and the rate of HIV
infection among people between the ages of 15 and 49 exceeds 1 percent
should be--
(1) considered at high risk of contracting HIV infection;
and
(2) provided with the knowledge, skill-building programs,
and tools to protect themselves from HIV infection, including--
(A) medically accurate information on public health
benefits and failure rates of multiple strategies for
eliminating or reducing the risks of contracting HIV
and other sexually transmitted infections; and
(B) information about correct and consistent use of
condoms as well as abstinence and the importance of
reducing casual sexual partnering.
SEC. 4. ALLOCATION OF FUNDS.
Section 403 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673) is amended--
(1) in subsection (a), in the second sentence, by striking
``HIV/AIDS prevention'' and inserting ``prevention of the
sexual transmission of HIV''; and
(2) by adding at the end the following new subsection:
``(c) Abstinence-Until-Marriage Programs.--The term `abstinence-
until-marriage programs' means programs that place the highest priority
on encouraging individuals who have not yet married to abstain from
sexual activity, which if practiced 100 percent correctly and
consistently is the only certain way to protect against exposure to HIV
and other sexually transmitted infections. The programs include
information on the health benefits of delayed sexual debut in reducing
the transmission of HIV and may be used to support the wide range of
approaches that promote skill-building strategies for practicing
abstinence.''.
SEC. 5. ASSISTANCE TO YOUNG PEOPLE.
Section 104A(d)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b-2(d)(3)) is amended--
(1) in subparagraph (A), by inserting ``sexually active
young people, both unmarried and married, who live in a country
experiencing a generalized HIV epidemic,'' after ``infected
with HIV/AIDS,''; and
(2) by adding at the end the following new subparagraph:
``(C) In subparagraph (A), the term `generalized epidemic'
means, with respect to a country, that--
``(i) HIV infection is spreading through the
general population of such country, rather than being
confined to specific populations, such as sex workers
and their clients, injecting drug users, and men who
have sex with men; and
``(ii) the rate of HIV infection among people
between the ages of 15 and 49 exceeds 1 percent.''. | HIV Prevention for Youth Act - Expresses the sense of Congress that sexually active young people who live in a country where HIV infection is spreading through the general population, rather than being confined to specific populations should be: (1) considered at high risk of contracting HIV infection; and (2) provided with the knowledge, skill-building programs, and tools to protect themselves from HIV infection.
Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to define "abstinence-until-marriage programs" as programs that place the highest priority on encouraging unmarried individuals to abstain from sexual activity, which if practiced 100% correctly and consistently is the only certain way to protect against exposure to HIV and other sexually transmitted infections. (Such programs include information on the health benefits of delayed sexual debut in reducing HIV transmission and may be used to support approaches that promote skill-building strategies for practicing abstinence.) Reserves at least 33% of the Act's appropriations for FY2006-FY2008 for prevention of the sexual transmission of HIV (currently, for HIV/AIDS prevention).
Amends the Foreign Assistance Act of 1961 to include within the activities for which HIV/AIDS assistance is available preventive intervention education for sexually active young people who live in a country experiencing a generalized HIV epidemic.
Defines " generalized epidemic" as a country where: (1) HIV infection is spreading through the general population, rather than being confined to specific populations, such as sex workers and their clients, injecting drug users, and men who have sex with men; and (2) the HIV infection rate among people between the ages of 15 and 49 exceeds 1%. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Work, Hope, and
Opportunity for the Disaster Area Today Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or 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. REDUCTION IN INCOME TAX WITHHOLDING DEPOSITS TO REFLECT FICA
PAYROLL TAX CREDIT FOR CERTAIN EMPLOYERS LOCATED IN
SPECIFIED PORTIONS OF THE GO ZONE DURING 2007.
(a) General Rule.--In the case of any applicable calendar quarter--
(1) the aggregate amount of required income tax deposits of
an eligible employer for the calendar quarter following the
applicable calendar quarter shall be reduced by the payroll tax
credit equivalent amount for the applicable calendar quarter,
and
(2) the amount of any deduction allowable to the eligible
employer under chapter 1 of the Internal Revenue Code of 1986
for taxes paid under section 3111 of such Code with respect to
employment during the applicable calendar quarter shall be
reduced by such payroll tax credit equivalent amount.
For purposes of the Internal Revenue Code of 1986, an eligible employer
shall be treated as having paid, and an eligible employee shall be
treated as having received, any wages or compensation deducted and
withheld but not deposited by reason of paragraph (1).
(b) Carryovers of Unused Amounts.--If the payroll tax credit
equivalent amount for any applicable calendar quarter exceeds the
required income tax deposits for the following calendar quarter--
(1) such excess shall be added to the payroll tax credit
equivalent amount for the next applicable calendar quarter, and
(2) in the case of the last applicable calendar quarter,
such excess shall be used to reduce required income tax
deposits for any succeeding calendar quarter until such excess
is used.
(c) Payroll Tax Credit Equivalent Amount.--For purposes of this
section--
(1) In general.--The term ``payroll tax credit equivalent
amount'' means, with respect to any applicable calendar
quarter, an amount equal to 7.65 percent of the aggregate
amount of wages or compensation--
(A) paid or incurred by the eligible employer with
respect to employment of eligible employees during the
applicable calendar quarter, and
(B) subject to the tax imposed by section 3111 of
the Internal Revenue Code of 1986.
(2) Trade or business requirement.--A rule similar to the
rule of section 51(f) of such Code shall apply for purposes of
this section.
(3) Limitation on wages subject to credit.--For purposes of
this subsection, only wages and compensation of an eligible
employee in an applicable calendar quarter, when added to such
wages and compensation for any preceding applicable calendar
quarter, not exceeding $15,000 shall be taken into account with
respect to such employee.
(d) Eligible Employer; Eligible Employee.--For purposes of this
section--
(1) Eligible employer.--
(A) In general.--The term ``eligible employer''
means any employer which conducts an active trade or
business in one or more specified portions of the GO
Zone and employs not more than 100 full-time employees
on the date of the enactment of this Act.
(B) Specified portions of the go zone.--The term
``specified portions of the GO Zone'' has the meaning
given such term by section 1400N(d)(6)(C) of the
Internal Revenue Code of 1986.
(2) Eligible employee.--The term ``eligible employee''
means with respect to an eligible employer an employee whose
principal place of employment with such eligible employer is in
one or more specified portions of the GO Zone. Such term shall
not include an employee described in section 401(c)(1)(A).
(e) Applicable Calendar Quarter.--For purposes of this section, the
term ``applicable calendar quarter'' means any of the 4 calendar
quarters beginning in 2007.
(f) Special Rules.--For purposes of this section--
(1) Required income tax deposits.--The term ``required
income tax deposits'' means deposits an eligible employer is
required to make under section 6302 of the Internal Revenue
Code of 1986 of taxes such employer is required to deduct and
withhold under section 3402 of such Code.
(2) Aggregation rules.--Rules similar to the rules of
subsections (a) and (b) of section 52 of the Internal Revenue
Code of 1986 shall apply.
(3) Employers not on quarterly system.--The Secretary of
the Treasury shall prescribe rules for the application of this
section in the case of an eligible employer whose required
income tax deposits are not made on a quarterly basis.
(4) Adjustments for certain acquisitions, etc.--Under
regulations prescribed by the Secretary--
(A) Acquisitions.--If, after December 31, 2006, an
employer acquires the major portion of a trade or
business of another person (hereafter in this paragraph
referred to as the ``predecessor'') or the major
portion of a separate unit of a trade or business of a
predecessor, then, for purposes of applying this
section for any calendar quarter ending after such
acquisition, the amount of wages or compensation deemed
paid by the employer during periods before such
acquisition shall be increased by so much of such wages
or compensation paid by the predecessor with respect to
the acquired trade or business as is attributable to
the portion of such trade or business acquired by the
employer.
(B) Dispositions.--If, after December 31, 2006--
(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which paragraph (1) applies,
and
(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar quarter ending after such disposition, the
amount of wages or compensation deemed paid by the
employer during periods before such disposition shall
be decreased by so much of such wages as is
attributable to such trade or business or separate
unit.
(5) Other rules.--
(A) Government employers.--This section shall not
apply if the employer is the Government of the United
States, the government of any State or political
subdivision of the State, or any agency or
instrumentality of any such government.
(B) Treatment of other entities.--Rules similar to
the rules of subsections (d) and (e) of section 52 of
such Code shall apply for purposes of this section.
SEC. 3. BONUS BUSINESS TRAVEL DEDUCTION IN SPECIFIED PORTIONS OF THE GO
ZONE.
(a) In General.--Section 274(n)(2) (relating to exceptions) is
amended by striking ``or'' at the end of subparagraph (D), by striking
the period at the end of subparagraph (E)(iv) and inserting ``, or'',
and by inserting after subparagraph (E)(iv) the following new
subparagraph:
``(F) such expense is for goods, services, or
facilities made available before January 1, 2010, in
one or more specified portions of the GO Zone (as
defined in section 1400N(d)(6)(C).''.
(b) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date.
SEC. 4. EXTENSION OF INCREASED EXPENSING FOR QUALIFIED SECTION 179 GULF
OPPORTUNITY ZONE PROPERTY LOCATED IN SPECIFIED PORTIONS
OF THE GO ZONE.
Paragraph (2) of section 1400N(e) (relating to qualified section
179 Gulf Opportunity Zone property) is amended--
(1) by striking ``this subsection, the term'' and inserting
``this subsection--
``(A) In general.--The term'', and
(2) by adding at the end the following new subparagraph:
``(B) Extension for certain property.--In the case
of property substantially all of the use of which is in
one or more specified portions of the GO Zone (as
defined in subsection (d)(6)(C)), such term shall
include section 179 property (as so defined) which is
described in subsection (d)(2), determined--
``(i) without regard to subsection (d)(6),
and
``(ii) by substituting, in subparagraph
(A)(v) thereof--
``(I) `2009' for `2007', and
``(II) `2009' for `2008'.''.
SEC. 5. EXTENSION OF WORK OPPORTUNITY TAX CREDIT FOR HURRICANE KATRINA
EMPLOYEES HIRED BY SMALL BUSINESSES LOCATED IN SPECIFIED
PORTIONS OF THE GO ZONE.
(a) In General.--Section 201(b)(1) of the Katrina Emergency Tax
Relief Act of 2005 (Public Law 109-73) is amended by striking ``who is
hired during the 2-year period'' and all that follows and inserting
``who--
``(A) is hired during the 2-year period beginning
on such date for a position the principal place of
employment which is located in the core disaster area,
or
``(B) is hired--
``(i) during the period beginning on the
date of the enactment of the Work, Hope,
Opportunity, and Disaster Area Tax Act of 2007
and ending before January 1, 2010, for a
position the principal place of employment
which is located in one or more specified
portions of the GO Zone (as defined in
subsection 1400N(d)(6)(C) of the Internal
Revenue Code of 1986), and
``(ii) by an employer who has no more than
100 employees on the date such individual is
hired, and''.
(b) Effective Date.--The amendment made by this section take effect
as if included in section 201 of the Katrina Emergency Tax Relief Act
of 2005.
SEC. 6. EXTENSION AND MODIFICATION OF 15-YEAR STRAIGHT-LINE COST
RECOVERY FOR QUALIFIED LEASEHOLD IMPROVEMENTS AND
QUALIFIED RESTAURANT IMPROVEMENTS LOCATED IN SPECIFIED
PORTIONS OF THE GO ZONE; 15-YEAR STRAIGHT-LINE COST
RECOVERY FOR CERTAIN IMPROVEMENTS TO RETAIL SPACE LOCATED
IN SPECIFIED PORTIONS OF THE GO ZONE.
(a) Extension of Leasehold and Restaurant Improvements.--
(1) In general.--Clauses (iv) and (v) of section
168(e)(3)(E) (relating to 15-year property) are each amended by
striking ``January 1, 2008'' and inserting ``January 1, 2008
(January 1, 2009, in the case of property placed in service in
one or more specified portions of the GO Zone (as defined in
subsection 1400Nd)(6)(C))''.
(2) Effective date.--The amendment made by this subsection
shall apply to property placed in service after December 31,
2007.
(b) Modification of Treatment of Qualified Restaurant Property as
15-Year Property for Purposes of Depreciation Deduction.--
(1) Treatment to include new construction.--Paragraph (7)
of section 168(e) (relating to classification of property) is
amended to read as follows:
``(7) Qualified restaurant property.--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified restaurant
property' means any section 1250 property which is an
improvement to a building if--
``(i) such improvement is placed in service
more than 3 years after the date such building
was first placed in service, and
``(ii) more than 50 percent of the
building's square footage is devoted to
preparation of, and seating for on-premises
consumption of, prepared meals.
``(B) Property located in certain areas of go
zone.--In the case of property placed in service in one
or more specified portions of the GO Zone (as defined
in subsection 1400Nd)(6)(C)), such term means any
section 1250 property which is a building (or its
structural components) or an improvement to such
building if more than 50 percent of such building's
square footage is devoted to preparation of, and
seating for on-premises consumption of, prepared
meals.''.
(2) Effective date.--The amendment made by this subsection
shall apply to any property placed in service after the date of
the enactment of this Act.
(c) Recovery Period for Depreciation of Certain Improvements to
Retail Space.--
(1) 15-year recovery period.--Section 168(e)(3)(E)
(relating to 15-year property) is amended by striking ``and''
at the end of clause (vii), by striking the period at the end
of clause (viii) and inserting ``, and'', and by adding at the
end the following new clause:
``(ix) any qualified retail improvement
property placed in service before January 1,
2009, in one or more specified portions of the
GO Zone (as defined in subsection
1400Nd)(6)(C).''.
(2) Qualified retail improvement property.--Section 168(e)
is amended by adding at the end the following new paragraph:
``(8) Qualified retail improvement property.--
``(A) In general.--The term `qualified retail
improvement property' means any improvement to an
interior portion of a building which is nonresidential
real property if--
``(i) such portion is open to the general
public and is used in the retail trade or
business of selling tangible personal property
to the general public, and
``(ii) such improvement is placed in
service more than 3 years after the date the
building was first placed in service.
``(B) Improvements made by owner.--In the case of
an improvement made by the owner of such improvement,
such improvement shall be qualified retail improvement
property (if at all) only so long as such improvement
is held by such owner. Rules similar to the rules under
paragraph (6)(B) shall apply for purposes of the
preceding sentence.
``(C) Certain improvements not included.--Such term
shall not include any improvement for which the
expenditure is attributable to--
``(i) the enlargement of the building,
``(ii) any elevator or escalator,
``(iii) any structural component
benefitting a common area, or
``(iv) the internal structural framework of
the building.''.
(3) Requirement to use straight line method.--Section
168(b)(3) is amended by adding at the end the following new
subparagraph:
``(I) Qualified retail improvement property
described in subsection (e)(8).''.
(4) Alternative system.--The table contained in section
168(g)(3)(B) is amended by inserting after the item relating to
subparagraph (E)(viii) the following new item:
``(E)(ix).................................................. 39''.
(5) Effective date.--The amendments made by this section
shall apply to property placed in service after the date of the
enactment of this Act. | Work, Hope, and Opportunity for the Disaster Area Today Act - Allows small business employers (employers of not more than 100 full time employees) in specified areas of the Gulf Opportunity (GO) Zone to claim a credit against the employment tax liabilities of their GO Zone employees. Limits to $15,000 per employee the amount of wages eligible for such credit in any calendar quarter.
Amends the Internal Revenue Code to allow a full tax deduction for business meal and entertainment expenses (normally, only 50% of such expenses are deductible) incurred in specified areas of the GO Zone prior to January 1, 2010.
Extends through 2009: (1) the increased expensing allowance for GO Zone investment property; and (2) the work opportunity tax credit for hiring Hurricane Katrina employees.
Extends through 2008 provisions allowing accelerated depreciation of qualified leasehold, restaurant, and retail improvement property located in specified areas of the GO Zone. | billsum_train |
Change the following text into a summary: SECTION 1. RESTORATION OF MISSING PERSONS AUTHORITIES APPLICABLE TO
DEPARTMENT OF DEFENSE AS IN EFFECT BEFORE ENACTMENT OF
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997.
(a) Applicability to Department of Defense Civilian Employees and
Contractor Employees.--(1) Section 1501 of title 10, United States
Code, is amended--
(A) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) Covered Persons.--Section 1502 of this title applies in the
case of the following persons:
``(1) Any member of the armed forces on active duty who
becomes involuntarily absent as a result of a hostile action,
or under circumstances suggesting that the involuntary absence
is a result of a hostile action, and whose status is
undetermined or who is unaccounted for.
``(2) Any civilian employee of the Department of Defense,
and any employee of a contractor of the Department of Defense,
who serves with or accompanies the armed forces in the field
under orders who becomes involuntarily absent as a result of a
hostile action, or under circumstances suggesting that the
involuntary absence is a result of a hostile action, and whose
status is undetermined or who is unaccounted for.''; and
(B) by adding at the end the following new subsection:
``(f) Secretary Concerned.--In this chapter, the term `Secretary
concerned' includes, in the case of a civilian employee of the
Department of Defense or contractor of the Department of Defense, the
Secretary of the military department or head of the element of the
Department of Defense employing the employee or contracting with the
contractor, as the case may be.''.
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out ``one military
officer'' and inserting in lieu thereof ``one individual
described in paragraph (2)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) An individual referred to in paragraph (1) is the following:
``(A) A military officer, in the case of an inquiry with
respect to a member of the armed forces.
``(B) A civilian, in the case of an inquiry with respect to
a civilian employee of the Department of Defense or of a
contractor of the Department of Defense.''.
(3) Section 1504(d) of such title is amended--
(A) in paragraph (1), by striking out ``who are'' and all
that follows in that paragraph and inserting in lieu thereof
``as follows:
``(A) In the case of a board that will inquire into the
whereabouts and status of one or more members of the armed
forces (and no civilians described in subparagraph (B)), the
board shall be composed of officers having the grade of major
or lieutenant commander or above.
``(B) In the case of a board that will inquire into the
whereabouts and status of one or more civilian employees of the
Department of Defense or contractors of the Department of
Defense (and no members of the armed forces), the board shall
be composed of--
``(i) not less than three employees of the
Department of Defense whose rate of annual pay is equal
to or greater than the rate of annual pay payable for
grade GS-13 of the General Schedule under section 5332
of title 5; and
``(ii) such members of the armed forces as the
Secretary considers advisable.
``(C) In the case of a board that will inquire into the
whereabouts and status of both one or more members of the armed
forces and one or more civilians described in subparagraph
(B)--
``(i) the board shall include at least one officer
described in subparagraph (A) and at least one employee
of the Department of Defense described in subparagraph
(B)(i); and
``(ii) the ratio of such officers to such employees
on the board shall be roughly proportional to the ratio
of the number of members of the armed forces who are
subjects of the board's inquiry to the number of
civilians who are subjects of the board's inquiry.'';
and
(B) in paragraph (4), by striking out ``section
1503(c)(3)'' and inserting in lieu thereof ``section
1503(c)(4)''.
(4) Paragraph (1) of section 1513 of such title is amended to read
as follows:
``(1) The term `missing person' means--
``(A) a member of the armed forces on active duty
who is in a missing status; or
``(B) a civilian employee of the Department of
Defense or an employee of a contractor of the
Department of Defense who serves with or accompanies
the armed forces in the field under orders and who is
in a missing status.''.
(b) Report on Preliminary Assessment of Status.--(1) Section 1502
of such title is amended--
(A) in subsection (a)(2)--
(i) by striking out ``10 days'' and inserting in
lieu thereof ``48 hours''; and
(ii) by striking out ``Secretary concerned'' and
inserting in lieu thereof ``theater component commander
with jurisdiction over the missing person'';
(B) in subsection (a), as amended by subparagraph (A)--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(ii) by inserting ``(1)'' after ``Commander.--'';
and
(iii) by adding at the end the following new
paragraph:
``(2) However, if the commander determines that operational
conditions resulting from hostile action or combat constitute an
emergency that prevents timely reporting under paragraph (1)(B), the
initial report should be made as soon as possible, but in no case later
than ten days after the date on which the commander receives such
information under paragraph (1).'';
(C) by redesignating subsection (b) as subsection (c);
(D) by inserting after subsection (a), as amended by
subparagraphs (A) and (B), the following new subsection (b):
``(b) Transmission Through Theater Component Commander.--Upon
reviewing a report under subsection (a) recommending that a person be
placed in a missing status, the theater component commander shall
ensure that all necessary actions are being taken, and all appropriate
assets are being used, to resolve the status of the missing person. Not
later than 14 days after receiving the report, the theater component
commander shall forward the report to the Secretary of Defense or the
Secretary concerned in accordance with procedures prescribed under
section 1501(b) of this title. The theater component commander shall
include with such report a certification that all necessary actions are
being taken, and all appropriate assets are being used, to resolve the
status of the missing person.''; and
(E) in subsection (c), as redesignated by subparagraph (C),
by adding at the end the following new sentence: ``The theater
component commander through whom the report with respect to the
missing person is transmitted under subsection (b) shall ensure
that all pertinent information relating to the whereabouts and
status of the missing person that results from the preliminary
assessment or from actions taken to locate the person is
properly safeguarded to avoid loss, damage, or modification.''.
(2) Section 1503(a) of such title is amended by striking out
``section 1502(a)'' and inserting in lieu thereof ``section 1502(b)''.
(3) Section 1504 of such title is amended by striking out ``section
1502(a)(2)'' in subsections (a), (b), and (e)(1) and inserting in lieu
thereof ``section 1502(a)''.
(4) Section 1513 of such title is amended by adding at the end the
following new paragraph:
``(8) The term `theater component commander' means, with
respect to any of the combatant commands, an officer of any of
the armed forces who (A) is commander of all forces of that
armed force assigned to that combatant command, and (B) is
directly subordinate to the commander of the combatant
command.''.
(c) Frequency of Subsequent Reviews.--Subsection (b) of section
1505 of such title is amended to read as follows:
``(b) Frequency of Subsequent Reviews.--(1) In the case of a
missing person who was last known to be alive or who was last suspected
of being alive, the Secretary shall appoint a board to conduct an
inquiry with respect to a person under this subsection--
``(A) on or about three years after the date of the initial
report of the disappearance of the person under section 1502(a)
of this title; and
``(B) not later than every three years thereafter.
``(2) In addition to appointment of boards under paragraph (1), the
Secretary shall appoint a board to conduct an inquiry with respect to a
missing person under this subsection upon receipt of information that
could result in a change of status of the missing person. When the
Secretary appoints a board under this paragraph, the time for
subsequent appointments of a board under paragraph (1)(B) shall be
determined from the date of the receipt of such information.
``(3) The Secretary is not required to appoint a board under
paragraph (1) with respect to the disappearance of any person--
``(A) more than 30 years after the initial report of the
disappearance of the missing person required by section 1502(a)
of this title; or
``(B) if, before the end of such 30-year period, the
missing person is accounted for.''.
(d) Penalties for Wrongful Withholding of Information.--Section
1506 of such title is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Wrongful Withholding.--Except as provided in subsections (a)
through (d), any person who knowingly and willfully withholds from the
personnel file of a missing person any information relating to the
disappearance or whereabouts and status of a missing person shall be
fined as provided in title 18 or imprisoned not more than one year, or
both.''.
(e) Information To Accompany Recommendation of Status of Death.--
Section 1507(b) of such title is amended adding at the end the
following new paragraphs:
``(3) A description of the location of the body, if
recovered.
``(4) If the body has been recovered and is not
identifiable through visual means, a certification by a
practitioner of an appropriate forensic science that the body
recovered is that of the missing person.''.
(f) Scope of Preenactment Review.--(1) Section 1509 of such title
is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) Special Rule for Persons Classified as `KIA/BNR'.--In the
case of a person described in subsection (b) who was classified as
`killed in action/body not recovered', the case of that person may be
reviewed under this section only if the new information referred to in
subsection (a) is compelling.''.
(2)(A) The heading of such section is amended by inserting ``,
special interest'' after ``Preenactment''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 76 of such title is amended by inserting ``,
special interest'' after ``Preenactment''.
(g) Effective Date.--The amendments made by this section shall take
effect immediately after the enactment of the National Defense
Authorization Act for Fiscal Year 1997.
Passed the House of Representatives September 27, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial District of the Virgin
Islands Act of 2005''.
SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIRGIN ISLANDS AS AN
ARTICLE III COURT.
(a) Establishment.--
(1) In general.--Chapter 5 of title 28, United States Code,
is amended by inserting after section 126 the following new
section:
``Sec. 126A. Virgin Islands
``The Virgin Islands constitutes one judicial district comprising
two divisions.
``(1) The Saint Croix Division comprises the Island of
Saint Croix and adjacent islands and cays.
`` Court for the Saint Croix Division shall be held at
Christiansted.
``(2) The Saint Thomas and Saint John Division comprises
the Islands of Saint Thomas and Saint John and adjacent islands
and cays.
`` Court for the Saint Thomas and Saint John Division shall
be held at Charlotte-Amalie.''.
(2) Conforming amendment.--The table of contents for
chapter 5 of title 28, United States Code, is amended by
inserting after the item relating to section 126 the following:
``126A. Virgin Islands.''.
(3) Number of judges.--The table contained in section
133(a) of title 28, United States Code, is amended by inserting
after the item relating to Vermont the following:
``Virgin Islands............................................... 2''.
(b) Revised Organic Act of the Virgin Islands.--
(1) Repeals.--Sections 25, 26, and 27 of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1615, 1616, and
1617) are repealed.
(2) Bill of rights.--Section 3 of the Revised Organic Act
of the Virgin Islands (48 U.S.C. 1561) is amended in the 23d
undesignated paragraph--
(A) by inserting ``article III;'' after ``section
9, clauses 2 and 3;''; and
(B) by striking ``: Provided, however'' and all
that follows through the end of the paragraph and
inserting the following: ``; except that all offenses
under the laws of the Virgin Islands which are
prosecuted in the courts established by local law shall
continue to be prosecuted by information, except those
that are required by local law to be prosecuted by
indictment by grand jury.''.
(3) Jurisdiction of local courts.--Section 21 of the
Revised Organic Act of the Virgin Islands (48 U.S.C. 1611) is
amended to read as follows:
``SEC. 21. JURISDICTION OF COURTS OF THE VIRGIN ISLANDS.
``(a) Jurisdiction of the Courts of the Virgin Islands.--The
judicial power of the Virgin Islands shall be vested in such appellate
court and lower local courts as may have been or may hereafter be
established by local law. The courts of the Virgin Islands established
by local law shall have jurisdiction over all causes of action in the
Virgin Islands over which any court established by the Constitution and
laws of the United States does not have exclusive jurisdiction.
``(b) Practice and Procedure.--The rules governing the practice and
procedure of the courts established by local law and those prescribing
the qualifications and duties of the judges and officers thereof, oaths
and bonds, and the times and places of holding court shall be governed
by local law or the rules promulgated by those courts.''.
(4) Jurisdiction over criminal matters and income tax.--
Section 22 of the Revised Organic Act of the Virgin Islands (48
U.S.C. 1612) is amended to read as follows:
``SEC. 22. JURISDICTION OVER INCOME TAX.
``The United States District Court for the District of the Virgin
Islands shall have exclusive jurisdiction over all criminal and civil
proceedings in the Virgin Islands with respect to the income tax laws
applicable to the Virgin Islands, regardless of the degree of the
offense or of the amount involved, except the ancillary laws relating
to the income tax enacted by the legislature of the Virgin Islands. Any
act or failure to act with respect to the income tax laws applicable to
the Virgin Islands which would constitute a criminal offense described
in chapter 75 of the Internal Revenue Code of 1986 shall constitute an
offense against the government of the Virgin Islands and may be
prosecuted in the name of the government of the Virgin Islands by
appropriate officers thereof in the United States District Court for
the District of the Virgin Islands without the request or consent of
the United States attorney for the Virgin Islands.''.
(5) Relations between united states courts and local
courts.--Section 23 of the Revised Organic Act of the Virgin
Islands (48 U.S.C. 1613) is amended to read as follows:
``SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED STATES AND LOCAL
COURTS.
``(a) In General.--The relations between the courts established by
the Constitution or laws of the United States (including the United
States District Court for the District of the Virgin Islands) and the
courts established by local law with respect to appeals, certiorari,
removal of causes, the issuance of writs of habeas corpus, and other
matters or proceedings shall be governed by the laws of the United
States pertaining to the relations between the courts of the United
States, including the Supreme Court of the United States, and the
courts of the several States in such matters and proceedings, except
that for the first 15 years following the establishment of the
appellate court authorized by section 21(a) of this Act, the United
States Court of Appeals for the Third Circuit shall have jurisdiction
to review by writ of certiorari all final decisions of the highest
court of the Virgin Islands from which a decision could be had.
``(b) Reports to Congress.--The Judicial Council of the Third
Circuit shall submit reports to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives at intervals of 5 years following the establishment of
the appellate court authorized by section 21(a) of this Act as to
whether that court has developed sufficient institutional traditions to
justify direct review by the Supreme Court of the United States from
all final decisions of the highest court of the Virgin Islands.
``(c) Rules.--The United States Court of Appeals for the Third
Circuit shall have jurisdiction to promulgate rules necessary to carry
out the provisions of this section.''.
(6) Appellate jurisdiction of district court.--Section 23A
of the Revised Organic Act of the Virgin Islands (48 U.S.C.
1613a) is amended by striking ``District Court of the Virgin
Islands'' each place it appears and inserting ``United States
District Court for the District of the Virgin Islands''.
(7) Assignment of additional judges to the court.--Section
24 of the Revised Organic Act of the Virgin Islands (48 U.S.C.
1614) is amended to read as follows:
``SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE COURT.
``Whenever it appears to be necessary for the proper dispatch of
the business of the United States District Court for the District of
the Virgin Islands--
``(1) the chief judge of the Third Judicial Circuit of the
United States may assign--
``(A) a judge of a court of record of the Virgin
Islands established by local law,
``(B) a circuit or district judge of the Third
Judicial Circuit, or
``(C) a recalled senior judge of the District Court
of the Virgin Islands, or
``(2) the Chief Justice of the United States may assign any
other United States circuit or district judge, with the consent
of that judge and the chief judge of the circuit from which the
judge is assigned,
to serve temporarily as a judge of the United States District Court for
the District of the Virgin Islands. After the establishment of the
appellate court authorized by section 21(a) of this Act, no judge
described in paragraph (1)(A) may be assigned to the district court
under this section.''.
(c) Pleadings and Proceedings in English.--All pleadings and
proceedings in the United States District Court for the District of the
Virgin Islands shall be conducted in the English language.
(d) Savings Provisions.--
(1) Pending cases.--With respect to any complaint or
proceeding pending in the District Court of the Virgin Islands
on the day before the effective date of this Act, such
complaint or proceeding may, on and after such effective date,
be pursued to final determination in the United States District
Court for the District of the Virgin Islands, the United States
Court of Appeals for the Third Circuit, and the United States
Supreme Court.
(2) Existing officers of the court.--Any individual who, on
the effective date of this Act, is serving as the United States
Attorney for the Virgin Islands, or the United States marshal
for the Virgin Islands, may continue in such office until a
successor is appointed pursuant to the provisions of title 28,
United States Code.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Judicial Comparisons.--Section 333 of title 28, United States
Code, is amended by striking ``, the District Court of the Virgin
Islands,''.
(b) Retirement and Survivors' Annuities.--
(1) Retirement.--Section 373 of title 28, United States
Code, is amended in subsections (a) and (e) by striking ``, the
District Court of the Northern Mariana Islands, or the District
Court of the Virgin Islands'' and inserting ``or the District
Court of the Northern Mariana Islands''.
(2) Survivors' annuities.--Section 376(a) of title 28,
United States Code, is amended in paragraphs (1)(B) and (2)(B)
by inserting ``(as in effect before the effective date of the
Judicial District of the Virgin Islands Act of 2005)'' after
``the District Court of the Virgin Islands''.
(3) Calculation of service as a judge.--In the case of a
judge of a district court retiring under section 371 of title
28, United States Code, after the effective date of this Act,
service by the judge as a judge of the District Court of the
Virgin Islands before the effective date of this Act shall be
included in calculating service under section 371(c) of such
title.
(4) Rights of existing retirees not affected.--Nothing in
this Act shall be construed to affect the rights of any judge
who has retired as a judge of the District Court of the Virgin
Islands before the effective date of this Act.
(c) Courts Defined.--Section 610 of title 28, United States Code,
is amended by striking ``the United States District Court for the
District, the Canal Zone,'' and by striking ``the District Court of the
Virgin Islands,''.
(d) Magistrate Judges.--Section 631(a) of title 28, United States
Code, is amended--
(1) in the first sentence, by striking ``Virgin Islands,
Guam, and'' and inserting ``Guam and''; and
(2) in the second sentence, by striking ``Virgin Islands,
Guam, or'' and inserting ``Guam or''.
(e) Investigations by Attorney General.--Section 526(a)(2) of title
28, United States Code, is amended by striking ``and of the district
court of the Virgin Islands''.
(f) Courts of Appeals.--
(1) Section 1291 of title 28, United States Code, is
amended by striking ``, the United States District Court for
the District of the Canal Zone,'' and all that follows through
``Virgin Islands'' and inserting ``and the District Court of
Guam''.
(2) Section 1292 of title 28, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``, the
United States District Court for the District of the
Canal Zone'' and all that follows through ``Virgin
Islands,'' and inserting ``and the District Court of
Guam,''; and
(B) in subsection (d)(4)(A), by striking ``the
District Court of the Virgin Islands,''.
(3) Section 1294 of title 28, United States Code, is
amended by striking paragraphs (2) and (3) and redesignating
paragraph (4) as paragraph (2).
(g) Court of Appeals for the Federal Circuit.--Section 1295(a) of
title 28, United States Code, is amended in paragraphs (1) and (2) by
striking ``the United States District Court for the District of the
Canal Zone'' and all that follows through ``Virgin Islands,'' and
inserting ``the District Court of Guam,''.
(h) Federal Tort Claims.--Section 1346(b)(1) of title 28, United
States Code, is amended by striking ``, together with'' and all that
follows through ``Virgin Islands,''.
(i) Court Reporters.--Section 753(a) of title 28, United States
Code, is amended in the first paragraph by striking ``, the United
States District Court for the District of the Canal Zone'' and all that
follows through ``Virgin Islands'' and inserting ``and the District
Court of Guam''.
(j) Representation of Certain Defendants.--Section 3006A(j) of
title 18, United States Code, is amended by striking ``the District
Court of the Virgin Islands,''.
(k) Venue.--Sections 1404(d) and 1406(c) of title 28, United States
Code, are each amended by striking ``, the District Court for the
Northern Mariana Islands, and the District Court of the Virgin
Islands,'' and inserting ``and the District Court for the Northern
Mariana Islands,''.
(l) Bankruptcy Judges.--The table contained in section 152(a)(2) of
title 28, United States Code, is amended by inserting after the item
relating to Vermont the following new item:
``Virgin Islands............................................... 2''.
(m) Other Title 18 Amendments.--(1) Section 23 of title 18, United
States Code, is amended--
(A) by striking ``Guam, the'' and inserting ``Guam and'';
and
(B) by striking ``, and the District Court of the Virgin
Islands''.
(2) Section 6001(4) of title 18, United States Code, is amended by
striking ``the District Court of the Virgin Islands,''.
SEC. 4. ADDITIONAL REFERENCES.
Any reference in any provision of law to the District Court of the
Virgin Islands shall, after the effective date of this Act, be deemed
to be a reference to the United States District Court for the District
of the Virgin Islands.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect at
the end of the 90-day period beginning on the date of the enactment of
this Act. | Judicial District of the Virgin Islands Act of 2005 - Amends the Federal judicial code to establish a two-judge Article III court in the Virgin Islands (with court held in Christiansted for the Saint Croix Division, and in Charlotte-Amalie for the Saint Thomas and Saint John Division). Requires pleadings and procedures to be conducted in the English language.
Amends the Revised Organic Act of the Virgin Islands to state that: (1) the judicial power of the Virgin Islands shall be vested in an appellate court and lower local courts as may have been or may hereafter be established by local law (eliminates references to the district court of the Virgin Islands); and (2) the U.S. district court of the Virgin Islands shall have exclusive jurisdiction over all income-tax related criminal and civil proceedings in the Virgin Islands, except for ancillary tax laws enacted by the Virgin Islands legislature.
Sets forth provisions respecting: (1) assignment of additional judges; and (2) relations between U.S. courts and local courts under such Act. | billsum_train |
Summarize the following text: SECTION 1. ELECTRONIC BENEFIT TRANSFERS.
(a) In General.--Section 7(h) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(h)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) through (D)
as subparagraphs (B) through (E), respectively;
(B) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) Definitions.--In this subsection:
``(i) Community-supported agriculture
program.--The term `community-supported
agriculture program' or `CSA' means a farm
business or a group of agricultural producers
that form a partnership with consumers through
which consumers buy a subscription for farm
products in advance and the farm business or
group of agricultural producers commits to
supplying and delivering the products to a
common distribution point or directly to the
consumers.
``(ii) Farmers market.--The term `farmers
market' means a regularly scheduled assembly of
2 or more agricultural producers for the direct
sale of locally grown fresh fruits and
vegetables and other staple foods to consumers.
``(iii) Farm stand; roadside stand.--
``(I) In general.--The terms `farm
stand' and `roadside stand' mean a
retail outlet for the direct sale of
locally grown fresh fruits and
vegetables and other staple foods in
rural or urban areas.
``(II) Inclusion.--The terms `farm
stand' and `roadside stand' may include
a single stall in a farmers market.
``(iv) Green cart.--The term `green cart'
means a mobile retail food vendor who sells
fresh fruits and vegetables on a regular basis
from an unmotorized cart.
``(v) Route vendor.--
``(I) In general.--The term `route
vendor' means a mobile retail food
vendor who sells unprepared food from a
vehicle directly to consumers along a
scheduled route or by arranged
delivery.
``(II) Inclusion.--The term `route
vendor' includes vendors who provide
food services in disaster or other
emergency situations.
``(vi) Wireless retailer.--The term
`wireless retailer' includes--
``(I) a farmers market;
``(II) a farm stand;
``(III) a green cart;
``(IV) a route vendor;
``(V) an entity operating a
community-supported agriculture
program; and
``(VI) an individual farmer
affiliated with an entity described in
subclauses (I) through (V).'';
(C) in subparagraph (C) (as so redesignated) by
striking ``subparagraph (A)'' and inserting
``subparagraph (B)'';
(D) in clause (i) of subparagraph (E) (as so
redesignated), by inserting ``, including wireless
technology'' before the semicolon at the end; and
(E) by adding at the end the following:
``(F) State flexibility for wireless ebt systems.--
Subject to paragraph (2), a State agency may--
``(i) procure and implement any wireless
electronic benefit transfer system that the
State agency considers to be appropriate and
that meets all industry security standards; and
``(ii) use appropriate wireless technology
available to the State agency in implementing
the wireless electronic benefit transfer
system, including smart phone technology and
other technologies, so long as the technologies
meet all industry security standards.'';
(2) in paragraph (2)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) in subparagraph (H), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(I) a requirement that, for purposes of program
participation, State agencies and the Food and
Nutrition Service treat wireless retailers in the same
manner as retail food stores that use wired electronic
benefit transfer equipment by providing the retail food
stores with wireless electronic benefit transfer
equipment that ensures immediate benefit account
verification;
``(J) a system for wireless retail food stores to
receive funds in an amount not exceeding the cost of a
wireless point-of-sale terminal if alternative wireless
technology is used; and
``(K) the potential for entering into a contract or
memoranda of understanding with a statewide nonprofit
organization, such as a statewide farmers market
association, to assist the State agency by providing
outreach, training, and administration in wireless
electronic benefit transfer equipment deployment at
multiple-vendor farmers markets, particularly in cases
in which scrip (such as farmers market tokens) is used
to simplify program participation by agricultural
producers and vendors.'';
(3) in paragraph (3)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) in the case of wireless retailers,
wireless electronic benefit and wireless EBT
connection services are available.'';
(4) in paragraph (5), by inserting before the period at the
end ``, including wireless electronic benefit systems that
enable all wireless retailers to provide for improved access to
nutritious foods in areas lacking such access, and in disaster-
recovery situations'';
(5) by redesignating the second paragraph (12) (relating to
interchange fees) as paragraph (13); and
(6) by adding at the end the following:
``(14) Non-ebt transactions.--Wireless EBT equipment
provided to an authorized retailer may be used for non-EBT
transactions (such as credit and debit card transactions) only
if the retailer bears all costs associated with those non-EBT
transactions.''.
(b) Conforming Amendments.--Section 16(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(a)) is amended--
(1) in paragraph (2), by inserting ``, including wireless
access fees'' after ``the State'';
(2) in paragraph (7), by striking ``and'' at the end; and
(3) by striking ``: Provided, That the'' and inserting ``,
and (9) outreach and training for farmers markets and other
vendors defined in section 7(h)(1)(A) in wireless electronic
benefit transfer equipment deployment and operations,
particularly in cases in which scrip (such as farmers market
tokens) is used to facilitate and simplify program
participation by agricultural producers and vendors. The''. | Amends the Food and Nutrition Act of 2008 (formerly known as the Food Stamp Act of 1977) to require state electronic benefit transfer contracts to treat wireless program retail food stores in the same manner as wired program retail food stores for purposes of supplemental nutrition assistance (SNAP, formerly food stamp) benefits.
Defines "wireless retailer" to include: (1) a farmers market, (2) a farm stand, (3) a green cart, (4) a route vendor, (5) an entity operating a community-supported agriculture program, and (6) an individual farmer affiliated with such entities. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clinical Research Enhancement Act of
1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Clinical research is critical to the advancement of
scientific knowledge and to the development of cures and
improved treatment for disease.
(2) Tremendous advances in biology are opening doors to new
insights into human physiology, pathophysiology and disease,
creating extraordinary opportunities for clinical research.
(3) Clinical research includes translational research which
is an integral part of the research process leading to general
human applications. It is the bridge between the laboratory and
new methods of diagnosis, treatment, and prevention and is thus
essential to progress against cancer and other diseases.
(4) The United States will spend more than
$1,200,000,000,000 on health care in 1999, but the Federal
budget for health research at the National Institutes of Health
was $15,600,000,000 only 1 percent of that total.
(5) Studies at the Institute of Medicine, the National
Research Council, and the National Academy of Sciences have all
addressed the current problems in clinical research.
(6) The Director of the National Institutes of Health has
recognized the current problems in clinical research and
appointed a special panel, which recommended expanded support
for existing National Institutes of Health clinical research
programs and the creation of new initiatives to recruit and
retain clinical investigators.
(7) The current level of training and support for health
professionals in clinical research is fragmented, undervalued,
and underfunded.
(8) Young investigators are not only apprentices for future
positions but a crucial source of energy, enthusiasm, and ideas
in the day-to-day research that constitutes the scientific
enterprise. Serious questions about the future of life-science
research are raised by the following:
(A) The number of young investigators applying for
grants dropped by 54 percent between 1985 and 1993.
(B) The number of physicians applying for first-
time National Institutes of Health research project
grants fell from 1226 in 1994 to 963 in 1998, a 21
percent reduction.
(C) Newly independent life-scientists are expected
to raise funds to support their new research programs
and a substantial proportion of their own salaries.
(9) The following have been cited as reasons for the
decline in the number of active clinical researchers, and those
choosing this career path:
(A) A medical school graduate incurs an average
debt of $85,619, as reported in the Medical School
Graduation Questionnaire by the Association of American
Medical Colleges (AAMC).
(B) The prolonged period of clinical training
required increases the accumulated debt burden.
(C) The decreasing number of mentors and role
models.
(D) The perceived instability of funding from the
National Institutes of Health and other Federal
agencies.
(E) The almost complete absence of clinical
research training in the curriculum of training grant
awardees.
(F) Academic Medical Centers are experiencing
difficulties in maintaining a proper environment for
research in a highly competitive health care
marketplace, which are compounded by the decreased
willingness of third party payers to cover health care
costs for patients engaged in research studies and
research procedures.
(10) In 1960, general clinical research centers were
established under the Office of the Director of the National
Institutes of Health with an initial appropriation of
$3,000,000.
(11) Appropriations for general clinical research centers
in fiscal year 1999 equaled $200,500,000.
(12) Since the late 1960s, spending for general clinical
research centers has declined from approximately 3 percent to 1
percent of the National Institutes of Health budget.
(13) In fiscal year 1999, there were 77 general clinical
research centers in operation, supplying patients in the areas
in which such centers operate with access to the most modern
clinical research and clinical research facilities and
technologies.
(b) Purpose.--It is the purpose of this Act to provide additional
support for and to expand clinical research programs.
SEC. 3. INCREASING THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH
IN CLINICAL RESEARCH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409C. CLINICAL RESEARCH.
``(a) In General.--The Director of National Institutes of Health
shall undertake activities to support and expand the involvement of the
National Institutes of Health in clinical research.
``(b) Requirements.--In carrying out subsection (a), the Director
of National Institutes of Health shall--
``(1) consider the recommendations of the Division of
Research Grants Clinical Research Study Group and other
recommendations for enhancing clinical research; and
``(2) establish intramural and extramural clinical research
fellowship programs directed specifically at medical and dental
students and a continuing education clinical research training
program at the National Institutes of Health.
``(c) Support for the Diverse Needs of Clinical Research.--The
Director of National Institutes of Health, in cooperation with the
Directors of the Institutes, Centers, and Divisions of the National
Institutes of Health, shall support and expand the resources available
for the diverse needs of the clinical research community, including
inpatient, outpatient, and critical care clinical research.
``(d) Peer Review.--The Director of National Institutes of Health
shall establish peer review mechanisms to evaluate applications for the
awards and fellowships provided for in subsection (b)(2) and section
409D. Such review mechanisms shall include individuals who are
exceptionally qualified to appraise the merits of potential clinical
research training and research grant proposals.''.
SEC. 4. GENERAL CLINICAL RESEARCH CENTERS.
(a) Grants.--Subpart 1 of part B of title IV of the Public Health
Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end the
following:
``SEC. 481C. GENERAL CLINICAL RESEARCH CENTERS.
``(a) Grants.--The Director of the National Center for Research
Resources shall award grants for the establishment of general clinical
research centers to provide the infrastructure for clinical research
including clinical research training and career enhancement. Such
centers shall support clinical studies and career development in all
settings of the hospital or academic medical center involved.
``(b) Activities.--In carrying out subsection (a), the Director of
National Institutes of Health shall expand the activities of the
general clinical research centers through the increased use of
telecommunications and telemedicine initiatives.
``(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 fiscal year.''.
(b) Enhancement Awards.--Part B of title IV of the Public Health
Service Act (42 U.S.C. 284 et seq.), as amended by section 3, is
further amended by adding at the end the following:
``SEC. 409D. ENHANCEMENT AWARDS.
``(a) Mentored Patient-Oriented Research Career Development
Awards.--
``(1) Grants.--
``(A) In general.--The Director of the National
Institutes of Health shall make grants (to be referred
to as `Mentored Patient-Oriented Research Career
Development Awards') to support individual careers in
clinical research at general clinical research centers
or at other institutions that have the infrastructure
and resources deemed appropriate for conducting
patient-oriented clinical research.
``(B) Use.--Grants under subparagraph (A) shall be
used to support clinical investigators in the early
phases of their independent careers by providing salary
and such other support for a period of supervised
study.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director may require.
``(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.
``(b) Mid-Career Investigator Awards in Patient-Oriented
Research.--
``(1) Grants.--
``(A) In general.--The Director of the National
Institutes of Health shall make grants (to be referred
to as `Mid-Career Investigator Awards in Patient-
Oriented Research') to support individual clinical
research projects at general clinical research centers
or at other institutions that have the infrastructure
and resources deemed appropriate for conducting
patient-oriented clinical research.
``(B) Use.--Grants under subparagraph (A) shall be
used to provide support for mid-career level clinicians
to allow such clinicians to devote time to clinical
research and to act as mentors for beginning clinical
investigators.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director requires.
``(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.
``(c) Graduate Training in Clinical Investigation Award.--
``(1) In general.--The Director of the National Institutes
of Health shall make grants (to be referred to as `Graduate
Training in Clinical Investigation Awards') to support
individuals pursuing master's or doctoral degrees in clinical
investigation.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director may require.
``(3) Limitations.--Grants under this subsection shall be
for terms of 2 years or more and shall provide stipend,
tuition, and institutional support for individual advanced
degree programs in clinical investigation.
``(4) Definition.--As used in this subsection, the term
`advanced degree programs in clinical investigation' means
programs that award a master's or Ph.D. degree in clinical
investigation after 2 or more years of training in areas such
as the following:
``(A) Analytical methods, biostatistics, and study
design.
``(B) Principles of clinical pharmacology and
pharmacokinetics.
``(C) Clinical epidemiology.
``(D) Computer data management and medical
informatics.
``(E) Ethical and regulatory issues.
``(F) Biomedical writing.
``(5) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.
``(d) Clinical Research Curriculum Awards.--
``(1) In general.--The Director of the National Institutes
of Health shall make grants (to be referred to as `Clinical
Research Curriculum Awards') to institutions for the
development and support of programs of core curricula for
training clinical investigators, including medical students.
Such core curricula may include training in areas such as the
following:
``(A) Analytical methods, biostatistics, and study
design.
``(B) Principles of clinical pharmacology and
pharmacokinetics.
``(C) Clinical epidemiology.
``(D) Computer data management and medical
informatics.
``(E) Ethical and regulatory issues.
``(F) Biomedical writing.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual institution or a
consortium of institutions at such time as the Director may
require. An institution may submit only 1 such application.
``(3) Limitations.--Grants under this subsection shall be
for terms of up to 5 years and may be renewable.
``(4) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.''.
SEC. 5. LOAN REPAYMENT PROGRAM REGARDING CLINICAL RESEARCHERS.
Part G of title IV of the Public Health Service Act is amended by
inserting after section 487E (42 U.S.C. 288-5) the following:
``SEC. 487F. LOAN REPAYMENT PROGRAM REGARDING CLINICAL RESEARCHERS.
``(a) In General.--The Secretary, acting through the Director of
the National Institutes of Health, shall establish a program to enter
into contracts with qualified health professionals under which such
health professionals agree to conduct clinical research, in
consideration of the Federal Government agreeing to repay, for each
year of service conducting such research, not more than $35,000 of the
principal and interest of the educational loans of such health
professionals.
``(b) Application of Provisions.--The provisions of sections 338B,
338C, and 338E shall, except as inconsistent with subsection (a) of
this section, apply to the program established under subsection (a) to
the same extent and in the same manner as such provisions apply to the
National Health Service Corps Loan Repayment Program established in
subpart III of part D of title III.
``(c) Funding.--
``(1) 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 fiscal
year.
``(2) Availability.--Amounts appropriated for carrying out
this section shall remain available until the expiration of the
second fiscal year beginning after the fiscal year for which
the amounts were made available.''.
SEC. 6. DEFINITION.
Section 409 of the Public Health Service Act (42 U.S.C. 284d) is
amended--
(1) by striking ``For purposes'' and inserting ``(a) Health
Service Research.--For purposes''; and
(2) by adding at the end the following:
``(b) Clinical Research.--As used in this title, the term `clinical
research' means patient oriented clinical research conducted with human
subjects, or research on the causes and consequences of disease in
human populations involving material of human origin (such as tissue
specimens and cognitive phenomena) for which an investigator or
colleague directly interacts with human subjects in an outpatient or
inpatient setting to clarify a problem in human physiology,
pathophysiology or disease, or epidemiologic or behavioral studies,
outcomes research or health services research, or developing new
technologies, therapeutic interventions, or clinical trials.''.
SEC. 7. OVERSIGHT BY GENERAL ACCOUNTING OFFICE.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Congress a reporting describing the extent to which the National
Institutes of Health has complied with the amendments made by this Act.
Passed the Senate November 19, 1999.
Attest:
GARY SISCO,
Secretary. | (Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or at other institutions (to be known as Mentored Patient-Oriented Research Career Development Awards); (3) support individual clinical research projects at general clinical research centers or at other institutions (to be known as Mid-Career Investigator Awards in Patient-Oriented Research); (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as Graduate Training in Clinical Investigation Awards); and (5) develop and support programs for training clinical investigators in biostatistics, pharmacology, and other core curricula (to be known as Clinical Research Curriculum Awards). Authorizes appropriations.
(Sec. 5) Directs the Secretary of Health and Human Services to establish a loan repayment program for qualified health professionals who have contracted with the Federal Government to conduct clinical research in return for the Government's repayment of a specified amount of their educational loans for each year of service. Authorizes appropriations to carry out the loan repayment provisions.
(Sec. 7) Directs the Comptroller General to report to Congress on the extent to which the NIH has complied with requirements of this Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Stop
Counterfeiting in Manufactured Goods Act''.
(b) Findings.--The Congress finds that--
(1) the United States economy is losing millions of dollars
in tax revenue and tens of thousands of jobs because of the
manufacture, distribution, and sale of counterfeit goods;
(2) the Bureau of Customs and Border Protection estimates
that counterfeiting costs the United States $200 billion
annually;
(3) counterfeit automobile parts, including brake pads,
cost the auto industry alone billions of dollars in lost sales
each year;
(4) counterfeit products have invaded numerous industries,
including those producing auto parts, electrical appliances,
medicines, tools, toys, office equipment, clothing, and many
other products;
(5) ties have been established between counterfeiting and
terrorist organizations that use the sale of counterfeit goods
to raise and launder money;
(6) ongoing counterfeiting of manufactured goods poses a
widespread threat to public health and safety; and
(7) strong domestic criminal remedies against
counterfeiting will permit the United States to seek stronger
anticounterfeiting provisions in bilateral and international
agreements with trading partners.
SEC. 2. TRAFFICKING IN COUNTERFEIT MARKS.
Section 2320 of title 18, United States Code, is amended as
follows:
(1) Subsection (a) is amended by inserting after ``such
goods or services'' the following: ``, or intentionally
traffics or attempts to traffic in labels, patches, stickers,
wrappers, badges, emblems, medallions, charms, boxes,
containers, cans, cases, hangtags, documentation, or packaging
of any type or nature, knowing that a counterfeit mark has been
applied thereto, the use of which is likely to cause confusion,
to cause mistake, or to deceive,''.
(2) Subsection (b) is amended to read as follows:
``(b)(1) The following property shall be subject to forfeiture to
the United States and no property right shall exist in such property:
``(A) Any article bearing or consisting of a counterfeit
mark used in committing a violation of subsection (a).
``(B) Any property used, in any manner or part, to commit
or to facilitate the commission of a violation of subsection
(a).
``(2) The provisions of chapter 46 of this title relating to civil
forfeitures, including section 983 of this title, shall extend to any
seizure or civil forfeiture under this section. At the conclusion of
the forfeiture proceedings, the court, unless otherwise requested by an
agency of the United States, shall order that any forfeited article
bearing or consisting of a counterfeit mark be destroyed or otherwise
disposed of according to law.
``(3)(A) The court, in imposing sentence on a person convicted of
an offense under this section, shall order, in addition to any other
sentence imposed, that the person forfeit to the United States--
``(i) any property constituting or derived from any
proceeds the person obtained, directly or indirectly, as the
result of the offense;
``(ii) any of the person's property used, or intended to be
used, in any manner or part, to commit, facilitate, aid, or
abet the commission of the offense; and
``(iii) any article that bears or consists of a counterfeit
mark used in committing the offense.
``(B) The forfeiture of property under subparagraph (A), including
any seizure and disposition of the property and any related judicial or
administrative proceeding, shall be governed by the procedures set
forth in section 413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that
section. Notwithstanding section 413(h) of that Act, at the conclusion
of the forfeiture proceedings, the court shall order that any forfeited
article or component of an article bearing or consisting of a
counterfeit mark be destroyed.
``(4) When a person is convicted of an offense under this section,
the court, pursuant to sections 3556, 3663A, and 3664, shall order the
person to pay restitution to the owner of the mark and any other victim
of the offense as an offense against property referred to in section
3663A(c)(1)(A)(ii).
``(5) The term `victim', as used in paragraph (4), has the meaning
given that term in section 3663A(a)(2).''.
(3) Subsection (e)(1) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) a spurious mark--
``(i) that is used in connection with
trafficking in any goods, services, labels,
patches, stickers, wrappers, badges, emblems,
medallions, charms, boxes, containers, cans,
cases, hangtags, documentation, or packaging of
any type or nature;
``(ii) that is identical with, or
substantially indistinguishable from, a mark
registered on the principal register in the
United States Patent and Trademark Office and
in use, whether or not the defendant knew such
mark was so registered;
``(iii) that is applied to or used in
connection with the goods or services for which
the mark is registered with the United States
Patent and Trademark Office, or is applied to
or consists of a label, patch, sticker,
wrapper, badge, emblem, medallion, charm, box,
container, can, case, hangtag, documentation,
or packaging of any type or nature that is
designed, marketed, or otherwise intended to be
used on or in connection with the goods or
services for which the mark is registered in
the United States Patent and Trademark Office;
and
``(iv) the use of which is likely to cause
confusion, to cause mistake, or to deceive;
or''; and
(B) by amending the matter following subparagraph
(B) to read as follows:
``but such term does not include any mark or designation used
in connection with goods or services, or a mark or designation
applied to labels, patches, stickers, wrappers, badges,
emblems, medallions, charms, boxes, containers, cans, cases,
hangtags, documentation, or packaging of any type or nature
used in connection with such goods or services, of which the
manufacturer or producer was, at the time of the manufacture or
production in question, authorized to use the mark or
designation for the type of goods or services so manufactured
or produced, by the holder of the right to use such mark or
designation.''.
(4) Section 2320 is further amended--
(A) by redesignating subsection (f) as subsection
(g); and
(B) by inserting after subsection (e) the
following:
``(f) Nothing in this section shall entitle the United States to
bring a criminal cause of action under this section for the repackaging
of genuine goods or services not intended to deceive or confuse.''.
SEC. 3. SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 180 days after the date
of enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of any offense under section
2318 or 2320 of title 18, United States Code.
(b) Authorization.--The United States Sentencing Commission may
amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
(c) Responsibilities of United States Sentencing Commission.--In
carrying out this section, the United States Sentencing Commission
shall determine whether the definition of ``infringement amount'' set
forth in application note 2 of section 2B5.3 of the Federal sentencing
guidelines is adequate to address situations in which the defendant has
been convicted of one of the offenses listed in subsection (a) and the
item in which the defendant trafficked was not an infringing item but
rather was intended to facilitate infringement, such as an anti-
circumvention device, or the item in which the defendant trafficked was
infringing and also was intended to facilitate infringement in another
good or service, such as a counterfeit label, documentation, or
packaging, taking into account cases such as U.S. v. Sung, 87 F.3d 194
(7th Cir. 1996).
Passed the Senate November 10, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 1699
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to provide criminal penalties
for trafficking in counterfeit marks. | Stop Counterfeiting in Manufactured Goods Act - (Sec. 2) Amends federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property derived from proceeds of, or used in the commission of, the violation. Makes code provisions regarding civil forfeitures, including general rules for civil forfeiture proceedings, applicable to any seizure or civil forfeiture under this section. Directs the court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any forfeited article bearing or consisting of a counterfeit mark; and (2) to order a person convicted of such offense to pay restitution to the owner of the mark and any other victim of the property offense.
Makes criminal penalties applicable to persons who intentionally traffic, or attempt to traffic, in labels or packaging the use of which is likely to cause confusion, to cause mistake, or to deceive.
Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch, medallion, documentation, or packaging that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the U.S. Patent and Trademark Office. Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging of genuine goods or services not intended to deceive or confuse.
(Sec. 3) Directs the U.S. Sentencing Commission to: (1) review and amend the federal sentencing guidelines applicable to persons convicted of trafficking in counterfeit labels or marks; and (2) determine whether the definition of "infringement amount" under the guidelines is adequate to address situations in which the defendant has been so convicted and the item the defendant trafficked in was intended to facilitate infringement. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reconstruction and Stabilization
Civilian Management Act of 2008''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) In June 2004, the Office of the Coordinator for
Reconstruction and Stabilization (referred to as the
``Coordinator'') was established in the Department of State
with the mandate to lead, coordinate, and institutionalize
United States Government civilian capacity to prevent or
prepare for post-conflict situations and help reconstruct and
stabilize a country or region that is at risk of, in, or is in
transition from, conflict or civil strife.
(2) In December 2005, the Coordinator's mandate was
reaffirmed by the National Security Presidential Directive 44,
which instructed the Secretary of State, and at the Secretary's
direction, the Coordinator, to coordinate and lead integrated
United States Government efforts, involving all United States
departments and agencies with relevant capabilities, to
prepare, plan for, and conduct reconstruction and stabilization
operations.
(3) National Security Presidential Directive 44 assigns to
the Secretary, with the Coordinator's assistance, the lead role
to develop reconstruction and stabilization strategies, ensure
civilian interagency program and policy coordination,
coordinate interagency processes to identify countries at risk
of instability, provide decision-makers with detailed options
for an integrated United States Government response in
connection with reconstruction and stabilization operations,
and carry out a wide range of other actions, including the
development of a civilian surge capacity to meet reconstruction
and stabilization emergencies. The Secretary and the
Coordinator are also charged with coordinating with the
Department of Defense on reconstruction and stabilization
responses, and integrating planning and implementing
procedures.
(4) The Department of Defense issued Directive 3000.05,
which establishes that stability operations are a core United
States military mission that the Department of Defense must be
prepared to conduct and support, provides guidance on stability
operations that will evolve over time, and assigns
responsibilities within the Department of Defense for planning,
training, and preparing to conduct and support stability
operations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Agency.--The term ``agency'' means any entity included
in chapter 1 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(4) Department.--Except as otherwise provided in this Act,
the term ``Department'' means the Department of State.
(5) Personnel.--The term ``personnel'' means individuals
serving in any service described in section 2101 of title 5,
United States Code, other than in the legislative or judicial
branch.
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 4. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND
STABILIZATION CRISES.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended by inserting after section 617 the
following new section:
``SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.
``(a) Assistance.--
``(1) In general.--If the President determines that it is
in the national security interests of the United States for
United States civilian agencies or non-Federal employees to
assist in reconstructing and stabilizing a country or region
that is at risk of, in, or is in transition from, conflict or
civil strife, the President may, in accordance with the
provisions set forth in section 614(a)(3), subject to paragraph
(2) of this subsection but notwithstanding any other provision
of law, and on such terms and conditions as the President may
determine, furnish assistance to such country or region for
reconstruction or stabilization using funds under paragraph
(3).
``(2) Pre-notification requirement.--The President may not
furnish assistance pursuant to paragraph (1) until five days
(excepting Saturdays, Sundays, and legal public holidays) after
the requirements under section 614(a)(3) of this Act are
carried out.
``(3) Funds.--The funds referred to in paragraph (1) are
funds made available under any other provision of law and under
other provisions of this Act, and transferred or reprogrammed
for purposes of this section, and such transfer or
reprogramming shall be subject to the procedures applicable to
a notification under section 634A of this Act.
``(b) Limitation.--The authority contained in this section may be
exercised only during fiscal years 2008, 2009, and 2010, except that
the authority may not be exercised to furnish more than $100,000,000 in
any such fiscal year.''.
SEC. 5. RECONSTRUCTION AND STABILIZATION.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following new
section:
``SEC. 62. RECONSTRUCTION AND STABILIZATION.
``(a) Office of the Coordinator for Reconstruction and
Stabilization.--
``(1) Establishment.--There is established within the
Department of State the Office of the Coordinator for
Reconstruction and Stabilization.
``(2) Coordinator for reconstruction and stabilization.--
The head of the Office shall be the Coordinator for
Reconstruction and Stabilization, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Coordinator shall report directly to the Secretary.
``(3) Functions.--The functions of the Office of the
Coordinator for Reconstruction and Stabilization shall include
the following:
``(A) Monitoring, in coordination with relevant
bureaus and offices of the Department of State and the
United States Agency for International Development
(USAID), political and economic instability worldwide
to anticipate the need for mobilizing United States and
international assistance for the reconstruction and
stabilization of a country or region that is at risk
of, in, or are in transition from, conflict or civil
strife.
``(B) Assessing the various types of reconstruction
and stabilization crises that could occur and
cataloging and monitoring the non-military resources
and capabilities of agencies (as such term is defined
in section 3 of the Reconstruction and Stabilization
Civilian Management Act of 2008) that are available to
address such crises.
``(C) Planning, in conjunction with USAID, to
address requirements, such as demobilization,
disarmament, rebuilding of civil society, policing,
human rights monitoring, and public information, that
commonly arise in reconstruction and stabilization
crises.
``(D) Coordinating with relevant agencies to
develop interagency contingency plans and procedures to
mobilize and deploy civilian personnel and conduct
reconstruction and stabilization operations to address
the various types of such crises.
``(E) Entering into appropriate arrangements with
agencies to carry out activities under this section and
the Reconstruction and Stabilization Civilian
Management Act of 2008.
``(F) Identifying personnel in State and local
governments and in the private sector who are available
to participate in the Civilian Reserve Corps
established under subsection (b) or to otherwise
participate in or contribute to reconstruction and
stabilization activities.
``(G) Taking steps to ensure that training and
education of civilian personnel to perform such
reconstruction and stabilization activities is adequate
and is carried out, as appropriate, with other agencies
involved with stabilization operations.
``(H) Taking steps to ensure that plans for United
States reconstruction and stabilization operations are
coordinated with and complementary to reconstruction
and stabilization activities of other governments and
international and nongovernmental organizations, to
improve effectiveness and avoid duplication.
``(I) Maintaining the capacity to field on short
notice an evaluation team consisting of personnel from
all relevant agencies to undertake on-site needs
assessment.
``(b) Response Readiness Corps.--
``(1) Response readiness corps.--The Secretary, in
consultation with the Administrator of the United States Agency
for International Development and the heads of other
appropriate agencies of the United States Government, may
establish and maintain a Response Readiness Corps (referred to
in this section as the `Corps') to provide assistance in
support of reconstruction and stabilization operations in
countries or regions that are at risk of, in, or are in
transition from, conflict or civil strife. The Corps shall be
composed of active and standby components consisting of United
States Government personnel, including employees of the
Department of State, the United States Agency for International
Development, and other agencies who are recruited and trained
(and employed in the case of the active component) to provide
such assistance when deployed to do so by the Secretary to
support the purposes of this Act.
``(2) Civilian reserve corps.--The Secretary, in
consultation with the Administrator of the United States Agency
for International Development, may establish a Civilian Reserve
Corps for which purpose the Secretary is authorized to employ
and train individuals who have the skills necessary for
carrying out reconstruction and stabilization activities, and
who have volunteered for that purpose. The Secretary may deploy
members of the Civilian Reserve Corps pursuant to a
determination by the President under section 618 of the Foreign
Assistance Act of 1961.
``(3) Mitigation of domestic impact.--The establishment and
deployment of any Civilian Reserve Corps shall be undertaken in
a manner that will avoid substantively impairing the capacity
and readiness of any State and local governments from which
Civilian Reserve Corps personnel may be drawn.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State such sums as may be necessary
for fiscal years 2007 through 2010 for the Office and to support,
educate, train, maintain, and deploy a Response Readiness Corps and a
Civilian Reserve Corps.
``(d) Existing Training and Education Programs.--The Secretary
shall ensure that personnel of the Department, and, in coordination
with the Administrator of USAID, that personnel of USAID, make use of
the relevant existing training and education programs offered within
the Government, such as those at the Center for Stabilization and
Reconstruction Studies at the Naval Postgraduate School and the
Interagency Training, Education, and After Action Review Program at the
National Defense University.''.
SEC. 6. AUTHORITIES RELATED TO PERSONNEL.
(a) Extension of Certain Foreign Service Benefits.--The Secretary,
or the head of any agency with respect to personnel of that agency, may
extend to any individuals assigned, detailed, or deployed to carry out
reconstruction and stabilization activities pursuant to section 62 of
the State Department Basic Authorities Act of 1956 (as added by section
5 of this Act), the benefits or privileges set forth in sections 413,
704, and 901 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 22
U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and manner that
such benefits and privileges are extended to members of the Foreign
Service.
(b) Authority Regarding Details.--The Secretary is authorized to
accept details or assignments of any personnel, and any employee of a
State or local government, on a reimbursable or nonreimbursable basis
for the purpose of carrying out this Act, and the head of any agency is
authorized to detail or assign personnel of such agency on a
reimbursable or nonreimbursable basis to the Department of State for
purposes of section 62 of the State Department Basic Authorities Act of
1956, as added by section 5 of this Act.
SEC. 7. RECONSTRUCTION AND STABILIZATION STRATEGY.
(a) In General.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall develop an interagency strategy to respond to
reconstruction and stabilization operations.
(b) Contents.--The strategy required under subsection (a) shall
include the following:
(1) Identification of and efforts to improve the skills
sets needed to respond to and support reconstruction and
stabilization operations in countries or regions that are at
risk of, in, or are in transition from, conflict or civil
strife.
(2) Identification of specific agencies that can adequately
satisfy the skills sets referred to in paragraph (1).
(3) Efforts to increase training of Federal civilian
personnel to carry out reconstruction and stabilization
activities.
(4) Efforts to develop a database of proven and best
practices based on previous reconstruction and stabilization
operations.
(5) A plan to coordinate the activities of agencies
involved in reconstruction and stabilization operations.
SEC. 8. ANNUAL REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this Act
and annually for each of the five years thereafter, the Secretary of
State shall submit to the appropriate congressional committees a report
on the implementation of this Act. The report shall include detailed
information on the following:
(1) Any steps taken to establish a Response Readiness Corps
and a Civilian Reserve Corps, pursuant to section 62 of the
State Department Basic Authorities Act of 1956 (as added by
section 5 of this Act).
(2) The structure, operations, and cost of the Response
Readiness Corps and the Civilian Reserve Corps, if established.
(3) How the Response Readiness Corps and the Civilian
Reserve Corps coordinate, interact, and work with other United
States foreign assistance programs.
(4) An assessment of the impact that deployment of the
Civilian Reserve Corps, if any, has had on the capacity and
readiness of any domestic agencies or State and local
governments from which Civilian Reserve Corps personnel are
drawn.
(5) The reconstruction and stabilization strategy required
by section 7 and any annual updates to that strategy.
(6) Recommendations to improve implementation of subsection
(b) of section 62 of the State Department Basic Authorities Act
of 1956, including measures to enhance the recruitment and
retention of an effective Civilian Reserve Corps.
(7) A description of anticipated costs associated with the
development, annual sustainment, and deployment of the Civilian
Reserve Corps.
Passed the House of Representatives March 5, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Reconstruction and Stabilization Civilian Management Act of 2008 - (Sec. 4) Amends the Foreign Assistance Act of 1961 to authorize the President, if in the U.S. national interest, to furnish assistance to assist in stabilizing and reconstructing a country or region that is in, or is in transition from, conflict or civil strife. Requires specified pre-notification by the President before making assistance available.
Limits: (1) program authority to FY2008-FY2010; and (2) annual fiscal year expenditures to $100 million.
(Sec. 5) Amends the State Department Basic Authorities Act of 1956 to establish within the Department of State an Office of the Coordinator for Reconstruction and Stabilization.
Sets forth Office functions.
Authorizes the Secretary of State to establish: (1) a Response Readiness Corps (containing an active and standby component consisting of trained U.S. government personnel, including Department and United States Agency for International Development (USAID) employees) to provide stabilization and reconstruction activities in foreign countries or regions that are at risk, in, or are in transition from, conflict or civil strife; and (2) a volunteer Civilian Reserve Corps (authorizes such individuals' employment and training). Authorizes FY2007-FY2010 appropriations.
Prohibits the establishment and deployment of any Civilian Reserve Corps from substantively impairing state and local capacity and readiness.
Directs the Secretary to ensure the use of existing Department and USAID training and education programs.
(Sec. 6) Authorizes: (1) the Secretary or the head of any U.S. agency, with respect to agency personnel, to extend to any individual assigned or deployed under this Act certain death gratuity, training, and travel benefits that are provided to Foreign Service members; and (2) the Secretary to accept detailees or assignments from other agencies and state or local employees on a reimbursable or non-reimbursable basis.
(Sec. 7) Directs the Secretary to develop an interagency strategy to respond to reconstruction and stabilization operations.
Sets forth strategy contents.
(Sec. 8) Directs the Secretary to report annually (for six years) to the appropriate congressional committees respecting implementation of this Act.
Sets forth report requirements. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Trafficking of Women
and Children Victim Protection Act of 1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The worldwide trafficking of persons has a
disproportionate impact on women and girls and has been and
continues to be condemned by the international community as a
violation of fundamental human rights.
(2) The fastest growing international trafficking business
is the trade in women, whereby women and girls seeking a better
life, a good marriage, or a lucrative job abroad, unexpectedly
find themselves in situations of forced prostitution, sweatshop
labor, exploitative domestic servitude, or battering and
extreme cruelty.
(3) Trafficked women and children, girls and boys, are
often subjected to rape and other forms of sexual abuse by
their traffickers and often held as virtual prisoners by their
exploiters, made to work in slavery-like conditions, in debt
bondage without pay and against their will.
(4) The President, the First Lady, the Secretary of State,
the President's Interagency Council on Women, and the Agency
for International Development have all identified trafficking
in women as a significant problem.
(5) The Fourth World Conference on Women (Beijing
Conference) called on all governments to take measures,
including legislative measures, to provide better protection of
the rights of women and girls in trafficking, to address the
root factors that put women and girls at risk to traffickers,
and to take measures to dismantle the national, regional, and
international networks on trafficking.
(6) The United Nations General Assembly, noting its concern
about the increasing number of women and girls who are being
victimized by traffickers, passed a resolution in 1998 calling
upon all governments to criminalize trafficking in women and
girls in all its forms and to penalize all those offenders
involved, while ensuring that the victims of these practices
are not penalized.
(7) Numerous treaties to which the United States is a party
address government obligations to combat trafficking, including
such treaties as the 1956 Supplementary Convention on the
Abolition of Slavery, the Slave Trade and Institutions and
Practices Similar to Slavery, which calls for the complete
abolition of debt bondage and servile forms of marriage, and
the 1957 Abolition of Forced Labor Convention, which undertakes
to suppress and requires signatories not to make use of any
forced or compulsory labor.
SEC. 3. PURPOSES.
The purposes of this Act are to condemn and combat the
international crime of trafficking in women and children and to assist
the victims of this crime by--
(1) setting a standard by which governments are evaluated
for their response to trafficking and their treatment of
victims;
(2) authorizing and funding an interagency task force to
carry out such evaluations and to issue an annual report of its
findings to include the identification of foreign governments
that tolerate or participate in trafficking and fail to
cooperate with international efforts to prosecute perpetrators;
(3) assisting trafficking victims in the United States by
providing humanitarian assistance and by providing them
temporary nonimmigrant status in the United States;
(4) assisting trafficking victims abroad by providing
humanitarian assistance; and
(5) denying certain forms of United States foreign
assistance to those governments which tolerate or participate
in trafficking, abuse victims, and fail to cooperate with
international efforts to prosecute perpetrators.
SEC. 4. DEFINITIONS.
In this Act:
(1) Police assistance.--The term ``police assistance''--
(A) means--
(i) assistance of any kind, whether in the
form of grant, loan, training, or otherwise,
provided to or for foreign law enforcement
officials, foreign customs officials, or
foreign immigration officials;
(ii) government-to-government sales of any
item to or for foreign law enforcement
officials, foreign customs officials, or
foreign immigration officials; and
(iii) any license for the export of an item
sold under contract to or for the officials
described in clause (i); and
(B) does not include assistance furnished under
section 534 of the Foreign Assistance Act of 1961 (22
U.S.C. 2346c; relating to the administration of
justice) or any other assistance under that Act to
promote respect for internationally recognized human
rights.
(2) Trafficking.--The term ``trafficking'' means the use of
deception, coercion, debt bondage, the threat of force, or the
abuse of authority to recruit, transport within or across
borders, purchase, sell, transfer, receive, or harbor a person
for the purpose of placing or holding such person, whether for
pay or not, in involuntary servitude, or slavery or slavery-
like conditions, or in forced, bonded, or coerced labor.
(3) Victim of trafficking.--The term ``victim of
trafficking'' means any person subjected to the treatment
described in paragraph (2).
SEC. 5. INTER-AGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) Establishment.--
(1) In general.--There is established within the Department
of State in the Office of the Secretary of State an Inter-
Agency Task Force to Monitor and Combat Trafficking (in this
section referred to as the ``Task Force''). The Task Force
shall be co-chaired by the Assistant Secretary of State for
Democracy, Human Rights, and Labor Affairs and the Senior
Coordinator on International Women's Issues, President's
Interagency Council on Women.
(2) Appointment of members.--The members of the Task Force
shall be appointed by the Secretary of State. The Task Force
shall consist of no more than twelve members.
(3) Composition.--The Task Force shall include
representatives from the--
(A) Violence Against Women Office, Office of
Justice Programs, Department of Justice;
(B) Office of Women in Development, United States
Agency for International Development; and
(C) Bureau of International Narcotics and Law
Enforcement Affairs, Department of State.
(4) Staff.--The Task Force shall be authorized to retain up
to five staff members within the Bureau of Democracy, Human
Rights, and Labor Affairs, and the President's Interagency
Council on Women to prepare the annual report described in
subsection (b) and to carry out additional tasks which the Task
Force may require. The Task Force shall regularly hold meetings
on its activities with nongovernmental organizations.
(b) Annual Report to Congress.--Not later than March 1 of each
year, the Secretary of State, with the assistance of the Task Force,
shall submit a report to Congress describing the status of
international trafficking, including--
(1) a list of foreign states where trafficking originates,
passes through, or is a destination; and
(2) an assessment of the efforts by the governments
described in paragraph (1) to combat trafficking. Such an
assessment shall address--
(A) whether any governmental authorities tolerate
or are involved in trafficking activities;
(B) which governmental authorities are involved in
anti-trafficking activities;
(C) what steps the government has taken toward
ending the participation of its officials in
trafficking;
(D) what steps the government has taken to
prosecute and investigate those officials found to be
involved in trafficking;
(E) what steps the government has taken to prohibit
other individuals from participating in trafficking,
including the investigation, prosecution, and
conviction of individuals involved in trafficking, the
criminal and civil penalties for trafficking, and the
efficacy of those penalties on reducing or ending
trafficking;
(F) what steps the government has taken to assist
trafficking victims, including efforts to prevent
victims from being further victimized by police,
traffickers, or others, grants of stays of deportation,
and provision of humanitarian relief, including
provision of mental and physical health care and
shelter;
(G) whether the government is cooperating with
governments of other countries to extradite traffickers
when requested;
(H) whether the government is assisting in
international investigations of transnational
trafficking networks; and
(I) whether the government--
(i) refrains from prosecuting trafficking
victims or refrains from other discriminatory
treatment towards trafficking victims due to
such victims having been trafficked, or the
nature of their work, or their having left the
country illegally; and
(ii) recognizes the rights of victims and
ensures their access to justice.
(c) Reporting Standards and Investigations.--
(1) Responsibility of the secretary of state.--The
Secretary of State shall ensure that United States missions
abroad maintain a consistent reporting standard and thoroughly
investigate reports of trafficking.
(2) Contacts with nongovernmental organizations.--In
compiling data and assessing trafficking for the Human Rights
Report and the Inter-Agency Task Force to Monitor and Combat
Trafficking Annual Report, United States mission personnel shall seek
out and maintain contacts with human rights and other nongovernmental
organizations, including receiving reports and updates from such
organizations, and, when appropriate, investigating such reports.
SEC. 6. INELIGIBILITY FOR POLICE ASSISTANCE.
(a) Ineligibility.--Except as provided in subsection (b), any
foreign government country identified in the latest report submitted
under section 5 as a government that--
(1) has failed to take effective action towards ending the
participation of its officials in trafficking; and
(2) has failed to investigate and prosecute meaningfully
those officials found to be involved in trafficking,
shall not be eligible for police assistance.
(b) Waiver of Ineligibility.--The President may waive the
application of subsection (a) to a foreign country if the President
determines and certifies to Congress that the provision of police
assistance to the country is in the national interest of the United
States.
SEC. 7. PROTECTION OF TRAFFICKING VICTIMS.
(a) Nonimmigrant Classification for Trafficking Victims.--Section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) by striking ``or'' at the end of subparagraph (R);
(2) by striking the period at the end of subparagraph (S)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(T) an alien who the Attorney General
determines--
``(i) is physically present in the United
States, and
``(ii) is or has been a trafficking victim
(as defined in section 4 of the International
Trafficking of Women and Children Victim
Protection Act of 1999),
for a stay of not to exceed 3 months in the United
States, except that any such alien who has filed a
petition seeking asylum or who is pursuing civil or
criminal action against traffickers shall have the
alien's status extended until the petition or
litigation reaches its conclusion.''.
(b) Waiver of Grounds for Ineligibility for Admission.--Section
212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is
amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following:
``(2) The Attorney General shall, in the Attorney General's
discretion, waive the application of subsection (a) (other than
paragraph (3)(E)) in the case of a nonimmigrant described in
section 101(a)(15)(T), if the Attorney General considers it to
be in the national interest to do so.''.
(c) Involuntary Servitude.--Section 1584 of title 18, United States
Code, is amended--
(1) inserting ``(a)'' before ``Whoever'';
(2) by striking ``or'' after ``servitude'';
(3) by inserting ``transfers, receives or harbors any
person into involuntary servitude, or'' after ``servitude,'';
and
(4) by adding at the end the following:
``(b) In this section, the term `involuntary servitude' includes
trafficking, slavery-like practices in which persons are forced into
labor through non-physical means, such as debt bondage, blackmail,
fraud, deceit, isolation, and psychological pressure.''.
(d) Trafficking Victim Regulations.--Not later than 180 days after
the date of enactment of this Act, the Attorney General and the
Secretary of State shall jointly promulgate regulations for law
enforcement personnel, immigration officials, and Foreign Service
officers requiring that--
(1) Federal, State and local law enforcement, immigration
officials, and Foreign Service officers shall be trained in
identifying and responding to trafficking victims;
(2) trafficking victims shall not be jailed, fined, or
otherwise penalized due to having been trafficked, or nature of
work;
(3) trafficking victims shall have access to legal
assistance, information about their rights, and translation
services;
(4) trafficking victims shall be provided protection if,
after an assessment of security risk, it is determined the
trafficking victim is susceptible to further victimization; and
(5) prosecutors shall take into consideration the safety
and integrity of trafficked persons in investigating and
prosecuting traffickers.
SEC. 8. ASSISTANCE TO TRAFFICKING VICTIMS.
(a) In the United States.--The Secretary of Health and Human
Services is authorized to provide, through the Office of Refugee
Resettlement, assistance to trafficking victims and their children in
the United States, including mental and physical health services, and
shelter.
(b) In Other Countries.--The President, acting through the
Administrator of the United States Agency for International
Development, is authorized to provide programs and activities to assist
trafficking victims and their children abroad, including provision of
mental and physical health services, and shelter. Such assistance
should give special priority to programs by nongovernmental
organizations which provide direct services and resources for
trafficking victims.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for the Inter-Agency Task
Force.--To carry out the purposes of section 5, there are authorized to
be appropriated to the Secretary of State $2,000,000 for fiscal year
2000 and $2,000,000 for fiscal year 2001.
(b) Authorization of Appropriations to the Secretary of HHS.--To
carry out the purposes of section 8(a), there are authorized to be
appropriated to the Secretary of Health and Human Services $20,000,000
for fiscal year 2000 and $20,000,000 for fiscal year 2001.
(c) Authorization of Appropriations to the President.--To carry out
the purposes of section 8(b), there are authorized to be appropriated
to the President $20,000,000 for fiscal year 2000 and $20,000,000 for
fiscal year 2001.
(d) Prohibition.--Funds made available to carry out this Act shall
not be available for the procurement of weapons or ammunition. | International Trafficking of Women and Children Victim Protection Act of 1999 - Establishes within the Department of State in the Office of the Secretary of State an Inter-Agency Task Force to Monitor and Combat Trafficking. (Defines "trafficking" as the use of deception, coercion, debt bondage, the threat of force, or the abuse of authority to recruit, transport within or across borders, purchase, sell, transfer, receive, or harbor a person for the purpose of placing or holding such person, whether for pay or not, in involuntary servitude, slavery, or slavery-like conditions or in forced, bonded, or coerced labor.)
Directs the Secretary of State to: (1) report annually, with the assistance of the Task Force, to Congress describing the status of international trafficking; and (2) ensure that U.S. missions abroad maintain a consistent reporting standard and thoroughly investigate reports of trafficking. Requires U.S. mission personnel to seek out and maintain contacts with human rights and other nongovernmental organizations, including receiving reports and updates from such organizations and, when appropriate, investigating such reports.
Makes any government of a foreign country identified in the latest report as one that has failed to take effective action towards ending the participation of its officials in trafficking and that has failed to investigate and meaningfully prosecute those officials found to be involved, ineligible for police assistance, subject to a presidential waiver if in the U.S. national interest.
Amends the Immigration and Nationality Act to provide for a nonimmigrant classification for trafficking victims. Provides for a waiver of grounds for ineligibility for admission with respect to such an individual if the Attorney General considers it to be in the national interest to do so.
Directs the Attorney General and the Secretary of State to jointly promulgate trafficking regulations for law enforcement personnel, immigration officials, and Foreign Service officers concerning response training and victim treatment and protection.
Authorizes: (1) the Secretary of Health and Human Services (HHS) to provide, through the Office of Refugee Resettlement, assistance to trafficking victims and their children in the United States; and (2) the President to provide programs and activities to assist trafficking victims and their children abroad.
Authorizes appropriations for the Task Force, the Secretary of HHS, and the President. Bars the use of funds made available to carry out this Act for the procurement of weapons or ammunition. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strong Families Act of 2017''.
SEC. 2. CONTINUING EVIDENCE-BASED HOME VISITING PROGRAM.
Section 511(j)(1)(H) of the Social Security Act (42 U.S.C.
711(j)(1)(H)) is amended by striking ``fiscal year 2017'' and inserting
``each of fiscal years 2017 through 2022''.
SEC. 3. CONTINUING TO DEMONSTRATE RESULTS TO HELP FAMILIES.
(a) Require Service Delivery Models To Demonstrate Improvement in
Applicable Benchmark Areas.--Section 511 of the Social Security Act (42
U.S.C. 711) is amended in each of subsections (d)(1)(A) and (h)(4)(A)
by striking ``each of''.
(b) Demonstration of Improvements in Subsequent Years.--Section
511(d)(1) of such Act (42 U.S.C. 711(d)(1)) is amended by adding at the
end the following:
``(D) Demonstration of improvements in subsequent
years.--
``(i) Continued measurement of improvement
in applicable benchmark areas.--The eligible
entity, after demonstrating improvements for
eligible families as specified in subparagraphs
(A) and (B), shall continue to track and
report, not later than 30 days after the end of
fiscal year 2020 and every 3 years thereafter,
information demonstrating that the program
results in improvements for the eligible
families participating in the program in at
least 4 of the areas specified in subparagraph
(A) that the service delivery model or models
selected by the entity are intended to improve.
``(ii) Corrective action plan.--If the
eligible entity fails to demonstrate
improvement in at least 4 of the areas
specified in subparagraph (A), as compared to
eligible families who do not receive services
under an early childhood home visitation
program, the entity shall develop and implement
a plan to improve outcomes in each of the areas
specified in subparagraph (A) that the service
delivery model or models selected by the entity
are intended to improve, subject to approval by
the Secretary. The plan shall include
provisions for the Secretary to monitor
implementation of the plan and conduct
continued oversight of the program, including
through submission by the entity of regular
reports to the Secretary.
``(iii) Technical assistance.--The
Secretary shall provide an eligible entity
required to develop and implement an
improvement plan under clause (ii) with
technical assistance to develop and implement
the plan. The Secretary may provide the
technical assistance directly or through
grants, contracts, or cooperative agreements.
``(iv) No improvement or failure to submit
report.--If the Secretary determines after a
period of time specified by the Secretary that
an eligible entity implementing an improvement
plan under clause (ii) has failed to
demonstrate any improvement in at least 4 of
the areas specified in subparagraph (A), or if
the Secretary determines that an eligible
entity has failed to submit the report required
by clause (i), the Secretary shall terminate
the grant made to the entity under this section
and may include any unexpended grant funds in
grants made to nonprofit organizations under
subsection (h)(2)(B).''.
(c) Including Information on Applicable Benchmarks in
Application.--Section 511(e)(5) of such Act (42 U.S.C. 711(e)(5)) is
amended by inserting ``that the service delivery model or models
selected by the entity are intended to improve'' before the period at
the end.
SEC. 4. REVIEWING STATEWIDE NEEDS TO TARGET RESOURCES.
Section 511(b)(1) of the Social Security Act (42 U.S.C. 711(b)(1))
is amended by striking ``Not later than'' and all that follows through
``section 505(a))'' and inserting ``Each State shall, as a condition of
receiving payments from an allotment for the State under section 502,
conduct a statewide needs assessment (which may be separate from but in
coordination with the statewide needs assessment required under section
505(a) and which shall be reviewed and updated by the State not later
than October 1, 2020)''.
SEC. 5. IMPROVING THE LIKELIHOOD OF SUCCESS IN HIGH-RISK COMMUNITIES.
Section 511(d)(4)(A) of the Social Security Act (42 U.S.C.
711(d)(4)(A)) is amended by inserting ``, taking into account the
staffing, community resource, and other requirements to operate at
least one approved model of home visiting and demonstrate improvements
for eligible families'' before the period.
SEC. 6. OPTION TO FUND EVIDENCE-BASED HOME VISITING ON A PAY FOR
OUTCOME BASIS.
(a) In General.--Section 511(c) of the Social Security Act (42
U.S.C. 711(c)) is amended by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively, and by inserting after paragraph
(2) the following:
``(3) Authority to use grant for a pay for outcomes
initiative.--An eligible entity to which a grant is made under
paragraph (1) may use up to 25 percent of the grant for
outcomes or success payments related to a pay for outcomes
initiative that will not result in a reduction of funding for
services delivered by the entity under a childhood home
visitation program under this section while the eligible entity
develops or operates such an initiative.''.
(b) Definition of Pay for Outcomes Initiative.--Section 511(k) of
such Act (42 U.S.C. 711(k)) is amended by adding at the end the
following:
``(4) Pay for outcomes initiative.--The term `pay for
outcomes initiative' means a performance-based grant, contract,
cooperative agreement, or other agreement awarded by a public
entity in which a commitment is made to pay for improved
outcomes that result in social benefit and direct cost savings
or cost avoidance to the public sector. Such an initiative
shall include--
``(A) a feasibility study that describes how the
proposed intervention is based on evidence of
effectiveness;
``(B) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other
research methodologies that allow for the strongest
possible causal inferences to determine whether the
initiative has met its proposed outcomes;
``(C) an annual, publicly available report on the
progress of the initiative; and
``(D) a requirement that payments are made to the
recipient of a grant, contract, or cooperative
agreement only when agreed upon outcomes are achieved,
except that this requirement shall not apply with
respect to payments to a third party conducting the
evaluation described in subparagraph (B).''.
(c) Extended Availability of Funds.--Section 511(j)(3) of such Act
(42 U.S.C. 711(j)(3)) is amended--
(1) by striking ``(3) Availability.--Funds'' and inserting
the following:
``(3) Availability.--
``(A) In general.--Except as provided in
subparagraph (B), funds''; and
(2) by adding at the end the following:
``(B) Funds for pay for outcomes initiatives.--
Funds made available to an eligible entity under this
section for a fiscal year (or portion of a fiscal year)
for a pay for outcomes initiative shall remain
available for expenditure by the eligible entity for
not more than 10 years after the funds are so made
available.''.
SEC. 7. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY.
(a) In General.--Section 511(h) of the Social Security Act (42
U.S.C. 711(h)) is amended by adding at the end the following:
``(5) Data exchange standards for improved
interoperability.--
``(A) Designation and use of data exchange
standards.--
``(i) Designation.--The head of the
department or agency responsible for
administering a program funded under this
section shall, in consultation with an
interagency work group established by the
Office of Management and Budget and considering
State government perspectives, designate data
exchange standards for necessary categories of
information that a State agency operating the
program is required to electronically exchange
with another State agency under applicable
Federal law.
``(ii) Data exchange standards must be
nonproprietary and interoperable.--The data
exchange standards designated under clause (i)
shall, to the extent practicable, be
nonproprietary and interoperable.
``(iii) Other requirements.--In designating
data exchange standards under this paragraph,
the Secretary shall, to the extent practicable,
incorporate--
``(I) interoperable standards
developed and maintained by an
international voluntary consensus
standards body, as defined by the
Office of Management and Budget;
``(II) interoperable standards
developed and maintained by
intergovernmental partnerships, such as
the National Information Exchange
Model; and
``(III) interoperable standards
developed and maintained by Federal
entities with authority over
contracting and financial assistance.
``(B) Data exchange standards for federal
reporting.--
``(i) Designation.--The head of the
department or agency responsible for
administering a program referred to in this
section shall, in consultation with an
interagency work group established by the
Office of Management and Budget, and
considering State government perspectives,
designate data exchange standards to govern
Federal reporting and exchange requirements
under applicable Federal law.
``(ii) Requirements.--The data exchange
reporting standards required by clause (i)
shall, to the extent practicable--
``(I) incorporate a widely
accepted, nonproprietary, searchable,
computer-readable format;
``(II) be consistent with and
implement applicable accounting
principles;
``(III) be implemented in a manner
that is cost-effective and improves
program efficiency and effectiveness;
and
``(IV) be capable of being
continually upgraded as necessary.
``(iii) Incorporation of nonproprietary
standards.--In designating data exchange
standards under this paragraph, the Secretary
shall, to the extent practicable, incorporate
existing nonproprietary standards, such as the
eXtensible Mark up Language.
``(iv) Rule of construction.--Nothing in
this paragraph shall be construed to require a
change to existing data exchange standards for
Federal reporting about a program referred to
in this section, if the head of the department
or agency responsible for administering the
program finds the standards to be effective and
efficient.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 2 years after the date of enactment of
this Act. | Strong Families Act of 2017 This bill amends title V (Maternal and Child Health Services) of the Social Security Act to reauthorize through FY2022, and otherwise revise, the Maternal, Infant, and Early Childhood Home Visiting Program. Under current law, grantees were required, after three years of program implementation, to demonstrate improvement in specified benchmark areas. The bill requires grantees to continue to track and demonstrate, on a triennial basis, improvement in applicable benchmark areas. A grantee that fails to do so must develop and implement a corrective action plan, subject to approval by the Department of Health and Human Services (HHS). HHS shall terminate a program grant made to a grantee that implements such a plan but continues to fail to demonstrate improvement. As a condition for receiving grant funds under the program, a state must review and update its statewide needs assessment by October 1, 2020. A grantee may use a portion of program grant funds to support a "pay-for-outcomes initiative" (a performance-based grant, contract, or cooperative agreement, awarded by a public entity, in which a commitment is made to pay for improved outcomes that result in social benefit and public-sector cost savings). HHS must designate data-exchange standards applicable to the program. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rejection of Social Security
Privatization Act of 2002.''
SEC. 2. FINDINGS.
The Congress finds the following:
(1) President Bush promised to partially privatize Social
Security, and appointed a commission to develop a plan on his
behalf.
(2) The commission developed three alternative plans that
would partially privatize Social Security.
(3) The plans divert substantial monies from the Social
Security Trust Funds to pay for the private accounts, which
threatens benefits for current beneficiaries by significantly
weakening the financial condition of the Trust Funds, in direct
violation of repeated assurances that current beneficiaries
would not be affected by privatization of Social Security.
(4) Plan 1 diverts Social Security revenues from the Trust
Funds to fund the private accounts, which worsens the solvency
of the Social Security Trust Funds by 25 percent over the next
75 years, demonstrating that privatization makes Social
Security's financing challenges more difficult rather than
less, and which would require across-the-board benefit
reductions of 20 percent over just the next 10 years in order
to fill the gap created by the diversion.
(5) Plans 2 and 3 also divert Social Security revenues to
private accounts, and in addition substantially reduce
guaranteed Social Security benefits for future retirees, as
well as for disabled workers and their families, and the
survivors of deceased workers.
(6) The plans' cuts in disability and survivor benefits
directly contradict the President's promise that disability and
survivor benefits would be preserved under privatization.
(7) Furthermore, these reductions in guaranteed benefits
apply to all workers, regardless of whether they chose to have
an individual account or not.
(8) On top of these reductions in the basic Social Security
benefit, all three of the President's privatization plans
impose additional reductions in Social Security benefits for
those who chose to have an account, so they would not receive
both their full Social Security benefit and the full proceeds
from the account, as many Americans have been led to believe in
the debate about privatization to date.
(9) Independent actuarial analysis by the Social Security
Chief Actuary shows the following:
(A) Plan 1 of the President's commission drains
$1.2 trillion from the Trust Funds over the next 10
years, a revenue loss equal to 20 percent of benefit
payments over the same period.
(B) Plan 2 reduces Social Security benefits for
future retirees by up to 46 percent, and drains $1.5
trillion from the Social Security Trust Funds in the
next 10 years.
(C) Plan 3 reduces benefits for future retirees by
up to 30 percent, it effectively raises the retirement
age, and it drains $1.3 trillion from the Social
Security Trust Funds in the next 10 years.
(10) Substituting private accounts for guaranteed Social
Security benefits increases financial risk for retirees,
disabled workers and their families; reduces Social Security
protections for women, low-income workers, and many members of
minority groups; and erodes benefits for the dependent children
of workers who retire, become disabled, or die.
(11) The President's plans have demonstrated beyond a doubt
the difficult tradeoffs inherent in privatization: cuts in
guaranteed benefits; new financial risks for workers and their
families; damage to the Social Security Trust Funds; and the
need for massive subsidies from general revenues to cover the
cost of the transition to private accounts.
(12) Moreover, other proposals to privatize Social
Security, such as the ``Social Security Guarantee Plus'' plan
or the ``Social Security Ownership and Guarantee'' plan,
establish private accounts that directly or indirectly reduce
Social Security benefits through clawbacks or benefit offsets,
thus placing on workers the responsibility to individually
assure their own retirement income, which is the very essence
and purpose of ``privatization''.
(13) Such privatization plans are not fiscally sustainable,
in that they require massive resources to finance the accounts,
accompanied by new Federal borrowing on an unprecedented scale.
According to independent actuarial analysis--
(A) the Social Security Guarantee Plus plan would
require $3.6 trillion in new Federal subsidies over the
next 40 years, which would equal $8 trillion if the
funds were borrowed, and
(B) the Social Security Ownership and Guarantee
plan would require new Federal subsidies whose
accumulated value would reach $20.4 trillion over the
next 75 years, plus borrowing of $21.3 trillion over
the same period.
Thus, their adoption would lead to deep cutbacks in guaranteed
benefits for current and future retirees, disabled workers and
their families, and the survivors of deceased workers.
(14) Therefore, these forms of privatization also do damage
to the Social Security Trust Funds and undermine Social
Security's ability to pay lifelong, guaranteed, inflation-
protected benefits.
SEC. 3. REJECTION OF PRIVATIZATION.
The Congress hereby commits--
(1) to preserve the guaranteed, lifelong, inflation-
protected benefits provided under title II of the Social
Security Act to retirees, disabled workers and their families,
and the survivors of deceased workers; and
(2) therefore to reject--
(A) the President's plans to partially privatize
Social Security, which would reduce the retirement
security of current and future beneficiaries, and which
would reduce guaranteed Social Security benefits for
retirees, disabled workers, and survivors;
(B) other proposals to privatize Social Security by
establishing private accounts that would undermine
traditional Social Security benefits, such as the
``Social Security Guarantee Plus'' plan or the ``Social
Security Ownership and Guarantee'' plan; and
(C) any and all proposals that would threaten the
ability of the Social Security Trust Funds to sustain
the lifelong, guaranteed, inflation-protected benefits
provided under the Social Security Act today by
establishing private accounts that divert resources
from the Trust Funds, require fiscally unsustainable
subsidies, or are integrated with Social Security
benefits or financing. | Rejection of Social Security Privatization Act of 2002-States that Congress hereby commits: (1) to preserve the guaranteed, lifelong, inflation-protected benefits provided under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to retirees, disabled workers and their families, and the survivors of deceased workers; and (2) therefore to reject the President's plans to partially privatize Social Security, as well as other proposals to privatize Social Security, and any and all proposals that would threaten the ability of the Social Security Trust Funds to sustain the lifelong, guaranteed, inflation-protected benefits provided under SSA. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in Innovation for
Education Act of 2010''.
SEC. 2. INVESTING IN INNOVATION.
(a) In General.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end
the following:
``PART D--INVESTING IN INNOVATION
``SEC. 4401. PURPOSES.
``The purposes of this part are to--
``(1) fund the identification, development, evaluation, and
expansion of innovative, evidence-based practices, programs,
and strategies in order to significantly--
``(A) increase student academic achievement and
decrease achievement gaps;
``(B) increase high school graduation rates;
``(C) increase college enrollment rates and rates
of college persistence; and
``(D) improve teacher and school leader
effectiveness; and
``(2) support the rapid development, expansion, and
adoption of tools and resources that improve the efficiency,
effectiveness, or pace of adoption of such educational
practices, programs, and strategies.
``SEC. 4402. NATIONAL ACTIVITIES.
``The Secretary may reserve not more than 15 percent of the funds
appropriated under section 4408 for each fiscal year to carry out
activities of national significance, which activities may include
capacity building, technical assistance, dissemination, and prize
awards.
``SEC. 4403. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES.
``(a) Program Authorization.--The Secretary shall use funds made
available to carry out this part for a fiscal year to award grants, on
a competitive basis, to local educational agencies and nonprofit
organizations that propose to provide support to 1 or more public
schools or local educational agencies, or both, consistent with section
4404(b).
``(b) Duration of Grants.--The Secretary shall award grants under
this part for a period of not more than 3 years, and may extend such
grants for an additional 2-year period if the grantee demonstrates to
the Secretary that it is making significant progress on the program
performance measures identified in section 4406.
``(c) Priorities.--In awarding grants under this part, the
Secretary may give priority to an eligible entity that includes, in its
application under section 4404, a plan to--
``(1) improve early learning outcomes;
``(2) support college access and success;
``(3) support family and community engagement;
``(4) address the unique learning needs of students with
disabilities or English language learners;
``(5) serve schools in rural local educational agencies;
``(6) support the effective use of education technology to
improve teaching and learning; or
``(7) improve the teaching and learning of science,
technology, engineering, or mathematics.
``(d) Standards of Evidence.--The Secretary shall set standards for
the quality of evidence that an applicant shall provide in order to
demonstrate that the activities the applicant proposes to carry out
with funds under this part are likely to succeed in improving student
outcomes or outcomes on other performance measures. These standards may
include any of the following:
``(1) Strong evidence that the activities proposed by the
applicant will have a statistically significant effect on
student academic achievement, student growth, or outcomes on
other performance measures.
``(2) Moderate evidence that the activities proposed by the
applicant will improve student academic achievement, student
growth, or outcomes on other performance measures.
``(3) A rationale based on research findings or a
reasonable hypothesis that the activities proposed by the
applicant will improve student academic achievement, student
growth, or outcomes on other performance measures.
``SEC. 4404. APPLICATIONS.
``(a) Applications.--Each local educational agency or nonprofit
organization that desires to receive a grant under this part shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require. At a minimum, each application shall--
``(1) describe the project for which the applicant is
seeking a grant and how the evidence supporting that project
meets the standards of evidence established by the Secretary
under section 4403(d);
``(2) describe how the applicant will address at least 1 of
the areas described in section 4405(a)(1);
``(3) provide an estimate of the number of students that
the applicant plans to serve under the proposed project,
including the percentage of those students who are from low-
income families, and the number of students to be served
through additional expansion after the grant ends;
``(4) demonstrate that the applicant has established 1 or
more partnerships with private organizations and that the
partner or partners will provide matching funds;
``(5) describe the applicant's plan for continuing the
proposed project after funding under this part ends;
``(6) if the applicant is a local educational agency--
``(A) document the local educational agency's
record during the previous 3 years in--
``(i) increasing student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v); and
``(ii) decreasing achievement gaps; and
``(B) demonstrate how the local educational agency
has made significant improvements in other outcomes, as
applicable, on the performance measures described in
section 4406;
``(7) if the applicant is a nonprofit organization--
``(A) provide evidence that the nonprofit
organization has helped at least 1 school or local
educational agency, during the previous 3 years,
significantly--
``(i) increase student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v); and
``(ii) reduce achievement gaps; and
``(B) describe how the nonprofit organization has
helped at least 1 school or local educational agency
make a significant improvement, as applicable, in other
outcomes on the performance measures described in
section 4406;
``(8) provide a description of the applicant's plan for
independently evaluating the effectiveness of activities
carried out with funds under this part;
``(9) provide an assurance that the applicant will--
``(A) cooperate with cross-cutting evaluations;
``(B) make evaluation data available to third
parties for validation and further study; and
``(C) participate in communities of practice; and
``(10) if the applicant is a nonprofit organization that
intends to make subgrants, consistent with section 4405(b),
provide an assurance that the applicant will apply paragraphs
(1) through (9), as appropriate, in the applicant's selection
of subgrantees and in its oversight of those subgrants.
``(b) Criteria for Evaluating Applications.--The Secretary shall
award grants under this part on a competitive basis, based on the
quality of the applications submitted and, consistent with the
standards established under section 4403(d), each applicant's
likelihood of achieving success in improving student outcomes or
outcomes on other performance measures.
``SEC. 4405. USES OF FUNDS.
``(a) Uses of Funds.--Each local educational agency or nonprofit
organization that receives a grant under this part--
``(1) shall use the grant funds to address, at a minimum, 1
of the following areas of school reform:
``(A) Improving the effectiveness of teachers and
school leaders and promoting equity in the distribution
of effective teachers and school leaders.
``(B) Strengthening the use of data to improve
teaching and learning.
``(C) Providing high-quality instruction based on
rigorous standards that build toward college and career
readiness and measuring students' mastery using high-
quality assessments aligned to those standards.
``(D) Turning around the lowest-performing schools.
``(E) Any other area of school reform, as
determined by the Secretary.
``(2) shall use those funds to develop or expand strategies
to improve the performance of high-need students on the
performance measures described in section 4406; and
``(3) may use the grant funds for an independent
evaluation, as required by section 4404(a)(8), of the
innovative practices carried out with the grant.
``(b) Authority To Subgrant.--A nonprofit organization that
receives a grant under this part may use the grant funds to make
subgrants to other entities to provide support to 1 or more schools or
local educational agencies. Any such entity shall comply with the
requirements of this part relating to grantees, as appropriate.
``SEC. 4406. PERFORMANCE MEASURES.
``The Secretary shall establish performance measures for the
programs and activities carried out under this part. These measures, at
a minimum, shall track the grantee's progress in improving outcomes for
each subgroup described in section 1111(b)(2)(C)(v) that is served by
the grantee on measures, including, as applicable, by--
``(1) increasing student achievement and decreasing
achievement gaps;
``(2) increasing high school graduation rates;
``(3) increasing college enrollment rates and rates of
college persistence;
``(4) improving teacher and school leader effectiveness;
``(5) improving school readiness; and
``(6) any other indicator as the Secretary or grantee may
determine.
``SEC. 4407. REPORTING; ANNUAL REPORT.
``A local educational agency or nonprofit organization that
receives a grant under this part shall submit to the Secretary, at such
time and in such manner as the Secretary may require, an annual report
that includes, among other things, information on the applicant's
progress on the performance measures established under section 4406,
and the data supporting that progress.
``SEC. 4408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$500,000,000 for fiscal year 2011 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 4304 the following:
``PART D--Investing in Innovation
``Sec. 4401. Purposes.
``Sec. 4402. National activities.
``Sec. 4403. Program authorized; length of grants; priorities.
``Sec. 4404. Applications.
``Sec. 4405. Uses of funds.
``Sec. 4406. Performance measures.
``Sec. 4407. Reporting; Annual report.
``Sec. 4408. Authorization of appropriations.''. | Investing in Innovation for Education Act of 2010 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to local educational agencies (LEAs) and nonprofit organizations to support the school reform efforts of public schools and LEAs.
Requires each grant applicant to demonstrate that it has partnered with at least one private organization that will provide matching funds.
Requires each grant to be used to address at least one of the following areas of school reform: (1) improving the effectiveness of teachers and school leaders and promoting their equitable distribution; (2) strengthening the use of data to improve education; (3) providing high-quality instruction that is based on rigorous standards and measuring students' proficiency using high-quality assessments that are aligned to those standards; (4) turning around the lowest-performing schools; and (5) any other area of school reform the Secretary chooses.
Directs the Secretary to establish performance measures for tracking each grantee's progress in improving the academic performance of public elementary and secondary school students, and specified subgroups of those students. Requires grantees to use grant funds to develop or expand strategies to improve high-need students' showing on those performance measures. | billsum_train |
Change the following text into a summary: SECTION 1. PROHIBITING TAX STATUS FROM BEING ASSIGNED BASED ON
POLITICAL BELIEFS AND ACTIVITIES.
(a) Findings.--Congress finds the following:
(1) The income tax system of the United States relies on
voluntary compliance by taxpayers.
(2) The filing of tax returns and other tax-related
documents with the Internal Revenue Service often requires the
submission of information to the Federal Government that
taxpayers would otherwise consider private.
(3) To ensure widespread voluntary compliance by taxpayers,
the American public must have absolute trust that the Internal
Revenue Service is acting in a non-partisan manner.
(4) Taxpayers must be ensured that their treatment by the
Internal Revenue Service will not be based on race, national
origin, gender, sexual orientation, religious beliefs, or
political creed, including their support for or opposition to
any Government policies.
(5) The confidence of taxpayers in the system of taxation
in the United States is compromised when the Internal Revenue
Service is required to assign tax treatment based on political
beliefs or activities.
(6) The targeting of certain individuals and groups by the
Internal Revenue Services based on their political beliefs and
activities must be stopped, and to ensure the integrity of the
income tax system of the United States, the Internal Revenue
Service should be removed from evaluating the political
activities of any individuals or organizations.
(b) Political Organizations.--Paragraph (1) of section 527(e) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(1) Political organization.--The term `political
organization' means a party, committee, association, fund, or
other organization (whether or not incorporated)--
``(A) which is registered as a political committee
with the Federal Election Commission,
``(B) has been determined, pursuant to proceedings
under section 309 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 437g) or by a court of law, to be a
political committee, as defined under section 301(4) of
such Act (2 U.S.C. 431(4)), or
``(C) which is organized and operated primarily for
the purposes of directly or indirectly accepting
contributions or making expenditures, or both, for
influencing or attempting to influence the selection,
nomination, election, or appointment of any individual
to any State or local public office and--
``(i) is not required to register with the
Federal Election Commission, and
``(ii) is required to register with the
appropriate State agency as a political
committee.''.
(c) Tax-Exempt Organizations.--Section 501 of such Code is
amended--
(1) by redesignating subsection (s) as subsection (t), and
(2) by inserting after subsection (r) the following new
subsection:
``(s) Promotion of Social Welfare.--
``(1) In general.--For purposes of paragraph (4)(A) of
subsection (c), the term `promotion of social welfare' shall
include--
``(A) any political activity in furtherance of
American democracy, provided that such activities do
not exceed 50 percent of the organization's total
activities (not including activities performed on a
volunteer basis),
``(B) any activities for the purpose of educating
individuals on issues of public importance and on the
behavior of public officials, including participation
in ballot initiatives and referenda, and
``(C) any activity described in clauses (i), (ii),
(iii), and (v) of section 301(9)(B) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)).
``(2) Political activity in furtherance of american
democracy.--For purposes of this subsection, the term
`political activity in furtherance of American democracy' shall
include any activity described in subparagraph (A) of section
301(9) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(9)).
``(3) Rule of construction.--Nothing in this subsection
shall be construed to exempt an organization from satisfying
any applicable requirements for filing as a political committee
pursuant to the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.).''. | Amends the Internal Revenue Code, with respect to the tax exemption of political organizations, to revise the definition of "political organization" to mean a party, committee, association, fund, or other organization (whether or not incorporated) that: (1) is registered as a political committee with the Federal Election Commission (FEC); (2) has been determined to be a political committee in administrative or judicial proceedings; or (3) is organized and operated primarily to accept contributions or make expenditures to influence, or attempt to influence, the selection, nomination, election, or appointment of any individual to state or local public office, is not required to register with the FEC, and is required to register with the appropriate state agency as a political committee. Defines "promotion of social welfare," for purposes of the tax-exemption for social welfare organizations, to include: (1) any political activity in furtherance of American democracy, provided that such activities do not exceed 50% of the organization's total activities; (2) any activities for educating individuals on issues of public importance and on the behavior of public officials, including participation in ballot initiatives and referenda; and (3) certain activities described in the Federal Election Campaign Act of 1971 as not being expenditures for political purposes. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Guadalupe-Hidalgo
Treaty Land Claims Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions and findings.
Sec. 3. Establishment and membership of Commission.
Sec. 4. Examination of land claims.
Sec. 5. Assistance for Commission.
Sec. 6. Miscellaneous powers of Commission.
Sec. 7. Report.
Sec. 8. Termination.
Sec. 9. Authorization of appropriations.
SEC. 2. DEFINITIONS AND FINDINGS.
(a) Definitions.--For purposes of this Act:
(1) Commission.--The term ``Commission'' means the
Guadalupe-Hidalgo Treaty Land Claims Commission established
under section 3.
(2) Treaty of guadalupe-hidalgo.--The term ``Treaty of
Guadalupe-Hidalgo'' means the Treaty of Peace, Friendship,
Limits, and Settlement (Treaty of Guadalupe Hidalgo), between
the United States and the Republic of Mexico, signed February
2, 1848 (TS 207; 9 Bevans 791).
(3) Eligible descendant.--The term ``eligible descendant''
means a descendant of a person who--
(A) was a Mexican citizen before the Treaty of
Guadalupe-Hidalgo;
(B) was a member of a community land grant; and
(C) became a United States citizen within ten years
after the effective date of the Treaty of Guadalupe-
Hidalgo, May 30, 1848, pursuant to the terms of the
Treaty.
(4) Community land grant.--The term ``community land
grant'' means a village, town, settlement, or pueblo consisting
of land held in common (accompanied by lesser private
allotments) by three or more families under a grant from the
King of Spain (or his representative) before the effective date
of the Treaty of Cordova, August 24, 1821, or from the
authorities of the Republic of Mexico before May 30, 1848, in
what became part of the United States, regardless of the
original character of the grant.
(5) Reconstituted.--The term ``reconstituted'', with regard
to a valid community land grant, means restoration to full
status as a municipality with rights properly belonging to a
municipality under State law and the right of local self-
government.
(b) Findings.--Congress finds the following:
(1) The western and southwestern portion of the United
States has a unique history regarding the acquisition of
ownership of land as a result of the substantial number of
Spanish and Mexican land grants that were an integral part of
the colonization and growth of the region before the United
States acquired the region in the Treaty of Guadalupe-Hidalgo.
(2) Various provisions of the Treaty of Guadalupe-Hidalgo
have not yet been fully implemented in the spirit of Article
VI, section 2, of the Constitution of the United States.
(3) Serious questions regarding the prior ownership of
lands in several western and southwestern State, particularly
certain public lands, still exist.
(4) Congressionally established land claim commissions have
been used in the past to successfully examine disputed land
possession questions.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Guadalupe-Hidalgo Treaty Land Claims Commission''.
(b) Number and Appointment of Members.--The Commission shall be
composed of seven members appointed by the President by and with the
advice and consent of the Senate. At least three of the members of the
Commission shall be selected from among persons who are eligible
descendants, including one of whom is a member of an Indian tribe.
(c) Terms.--Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
(d) Compensation.--Members shall each be entitled to receive the
daily equivalent of level V of the Executive Schedule for each day
(including travel time) during which they are engaged in the actual
performance of duties vested in the Commission.
SEC. 4. EXAMINATION OF LAND CLAIMS.
(a) Submission of Land Claims Petitions.--Any three (or more)
eligible descendants who are also descendants of the same community
land grant may file with the Commission a petition on behalf of
themselves and all other descendants of that community land grant
seeking a determination of the validity of the land claim that is the
basis for the petition.
(b) Deadline for Submission.--To be considered by the Commission, a
petition under subsection (a) must be received by the Commission not
later than five years after the date of the enactment of this Act.
(c) Elements of Petition.--A petition under subsection (a) shall be
made under oath and shall contain the following:
(1) The names and addresses of the eligible descendants who
are petitioners.
(2) The fact that the land involved in the petition was a
community land grant at the time of the effective date of the
Guadalupe-Hidalgo Treaty.
(3) The extent of the community land grant, to the best of
the knowledge of the petitioners, accompanied with a survey or,
if a survey is not feasible to them, a sketch map thereof.
(4) The fact that the petitioners reside, or intend to
settle upon, the community land grant.
(5) All facts known to petitioners concerning the community
land grant, together with copies of all papers in regard
thereto available to petitioners.
(d) Petition Hearing.--At one or more locations designated by the
Commission, the Commission shall hold a hearing upon each petition
timely submitted under subsection (a), at which hearing all persons
having an interest in the land involved in the petition shall have the
right, upon notice, to appear as a party.
(e) 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 petition submitted
under subsection (a).
(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 to 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.
(f) Decision.--
(1) In general.--On the basis of the facts contained in a
petition submitted under subsection (a), the hearing held with
regard to the petition, and such other information as the
Commission considers appropriate, the Commission shall
determine the validity of the community land grant described in
the petition.
(2) Recommended relief.--In the case of a petition
determined to be valid, the decision of the Commission under
paragraph (1) shall include the Commission's recommendations
regarding the appropriate relief that should be provided to the
petitioner, including whether the community land grant should
be reconstituted and its lands restored.
(g) Protection of Non-Federal Property.--The decision of the
Commission regarding the validity of a petition submitted under
subsection (a) shall not affect the ownership, title, or rights of
owners of any non-Federal lands covered by the petition. Any
recommendation of the Commission under subsection (f) regarding whether
a community land grant should be reconstituted and its lands restored
may not address non-Federal lands. In the case of a valid petition
covering lands held in non-Federal ownership, the Commission shall
modify any recommendation for reconstitution of the community land
grant to recommend the substitution of comparable Federal lands in the
same State as the State in which the non-federal lands are located.
SEC. 5. ASSISTANCE FOR COMMISSION.
(a) Community Land Grant Study Center.--To assist the Commission in
the performance of its activities under section 4, the Commission shall
establish a Community Land Grant Study Center at the Onate Center in
Alcalde, New Mexico. The Commission shall be charged with the
responsibility of directing the research, study, and investigations
necessary for the Commission to perform its duties under this Act.
(b) Comptroller General Assistance.--At the request of the
Commission, the Comptroller General may make available personnel,
equipment, and facilities of the General Accounting Office to assist
the Commission in performing its activities under section 4. The
Commission may review reports previously prepared by the General
Accounting Office regarding community land grants and request an
interview with the authors of the reports.
SEC. 6. MISCELLANEOUS 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) 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.
(d) 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.
(e) 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 this Act.
(f) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses).
SEC. 7. REPORT.
As soon as practicable after reaching its last decision under
section 4, the Commission shall submit to the President and the
Congress a report containing each decision, including the
recommendation of the Commission regarding whether certain community
land grants should be reconstituted or other relief provided to
eligible descendants, so that the Congress may act upon the
recommendations.
SEC. 8. TERMINATION.
The Commission shall terminate on 180 days after submitting its
final report under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,900,000 for each of the
fiscal years 2002 through 2008 for the purpose of carrying out the
activities of the Commission and to establish and operate the Community
Land Grant Study Center under section 5. | Guadalupe-Hidalgo Treaty Land Claims Act of 2001 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes three or more eligible descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to recommend appropriate relief to a valid petition, including whether the community land grant should be reconstituted and its non-Federal lands restored.Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in performing its duties.Directs the Comptroller General to make available General Accounting Office (GAO) personnel, equipment, and facilities to assist the Commission in performing its activities in examining such land claims. Permits the Commission to review reports prepared by GAO regarding community land grants and to request an interview with the authors of such reports. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlocking Technology Act of 2013''.
SEC. 2. INFRINGEMENT OF A COPYRIGHT REQUIRED FOR ANTICIRCUMVENTION
PROHIBITION.
(a) Amendments.--Section 1201(a) of title 17, United States Code,
is amended--
(1) in paragraph (1)(A)--
(A) by amending the first sentence to read as
follows: ``No person shall, in order to infringe or
facilitate infringement of a copyright in a work
protected under this title, circumvent a technological
measure that effectively controls access to that
work.''; and
(B) by adding at the end the following: ``It shall
not be a violation of this section to circumvent a
technological measure in connection with a work
protected under this title if the purpose of such
circumvention is to engage in a use that is not an
infringement of copyright under this title.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting after ``for
the purpose of'' the following: ``facilitating the
infringement of a copyright by'';
(B) in subparagraph (B), by striking ``circumvent''
and inserting ``facilitate the infringement of a
copyright by circumventing''; and
(C) in subparagraph (C), by inserting after ``for
use in'' the following: ``facilitating the infringement
of a copyright by''; and
(3) by redesignating paragraph (3) as paragraph (4), and
inserting after paragraph (2), the following new paragraph:
``(3) It is not a violation of this section to use, manufacture,
import, offer to the public, provide, or otherwise traffic in any
technology, product, service, device, component, or part thereof that
is primarily designed or produced for the purpose of facilitating
noninfringing uses of works protected under this title by circumventing
a technological measure that effectively controls access to that work,
unless it is the intent of the person that uses, manufactures, imports,
offers to the public, provides, or traffics in the technology, product,
service, device, component, or part to infringe copyright or to
facilitate the infringement of a copyright.''.
(b) Report Required.--
(1) In general.--Not later than the end of the 9-month
period beginning on the date of the enactment of this Act, the
Assistant Secretary for Communications and Information of the
Department of Commerce shall submit to the committees described
in paragraph (2) a report on--
(A) the impact of section 1201 of title 17, United
States Code, on consumer choice, competition, and free
flow of information;
(B) whether section 1201 of such title should be
reformed in part, reformed entirely, or repealed; and
(C) barriers and challenges to such reform or
repeal, including international trade agreements and
treaties.
(2) Committees.--The committees described in this paragraph
are the following:
(A) The Committees on the Judiciary and Energy and
Commerce of the House of Representatives.
(B) The Committees on the Judiciary and Commerce,
Science, and Transportation of the Senate.
SEC. 3. NETWORK SWITCHING NOT INFRINGEMENT.
Section 117 of title 17, United States Code, is amended by adding
at the end of the following new subsection:
``(e) Network Switching.--Notwithstanding the provisions of section
106, it is not an infringement to copy or adapt the software or
firmware of a user-purchased mobile communications device for the sole
purpose of enabling the device to connect to a wireless communications
network if--
``(1) the copying or adapting is initiated by, or with the
consent of, the owner of that device or the owner's agent;
``(2) the owner of that device or the owner's agent is in
legal possession of the device; and
``(3) the owner of that device has the consent of, or an
agreement with, the authorized operator of such wireless
communications network to make use of that wireless
communications network.''.
SEC. 4. HARMONIZATION OF TRADE AGREEMENTS.
The President shall take the necessary steps to secure
modifications to applicable bilateral and multilateral trade agreements
to which the United States is a party in order to ensure that such
agreements are consistent with the amendments made by this Act.
SEC. 5. EFFECTIVE DATE.
(a) Amendments.--The amendments made by this Act shall apply to
acts carried out after the expiration of the 9-month period beginning
on the date of the enactment of this Act.
(b) Report.--Sections 2(b) and 4 shall take effect on the date of
the enactment of this Act. | Unlocking Technology Act of 2013 - Amends the prohibition under federal copyright law on the circumvention of a technological measure that controls access to a copyright-protected work to require that such prohibition apply only to circumventions carried out in order to infringe or facilitate infringement of a protected work. Declares that it shall not be a violation to: (1) circumvent a technological measure if the purpose is to engage in a use that is not an infringement of federal copyright law; or (2) use, manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part primarily designed or produced to facilitate noninfringing uses of protected works by circumventing a technological measure that effectively controls access to such work, unless the intent is to infringe or facilitate infringement of a copyright. Declares that it is not an infringement to copy or adapt the software or firmware of a user-purchased mobile communications device for the sole purpose of enabling the device to connect to a wireless communications network if: (1) the copying or adapting is initiated by, or with the consent of, the owner of that device or the owner's agent; (2) the owner or agent is in legal possession of the device; and (3) the owner has the consent of, or an agreement with, the authorized operator of such wireless communications network to make use of its network. (Thus allowing the "unlocking" of mobile devices without requiring an owner to obtain the consent of the initial carrier network before switching to a new carrier.) Directs the President to ensure that applicable bilateral and multilateral trade agreements are modified to be consistent with this Act. | billsum_train |
Provide a summary of the following text: SECTION 1. REIMPORTATION OF CERTAIN GOODS.
(a) In General.--Subchapter I of chapter 98 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new subheading:
`` 9801.00.26 Articles,
previously
imported, with
respect to which
the duty was
paid upon such
previous
importation if
(1) exported
within 3 years
after the date
of such previous
importation, (2)
sold for
exportation and
exported to
individuals for
personal use,
(3) reimported
without having
been advanced in
value or
improved in
condition by any
process of
manufacture or
other means
while abroad,
(4) reimported
as personal
returns from
those
individuals,
whether or not
consolidated
with other
personal returns
prior to
reimportation,
and (5)
reimported by or
for the account
of the person
who exported
them from the
United States
within 1 year of
such exportation Free Free
''
(b) Effective Date.--The amendment made by this section applies to
goods described in subheading 9801.00.26 of the Harmonized Tariff
Schedule of United States (as added by subsection (a)) that are
reimported into the United States on or after the date that is 15 days
after the date of enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment of previously imported goods for which a duty was paid if they are: (1) exported within three years after the date of such previous importation; (2) sold for exportation and exported to individuals for personal use; (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad; (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation; and (5) reimported by or for the account of the person who exported them from the United States within one year of such exportation. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclaiming Expatriated Contracts and
Profits Act''.
SEC. 2. RESTRICTIONS ON FEDERAL CONTRACTS WITH CERTAIN INVERTED
ENTITIES.
(a) Restrictions.--
(1) Ban on certain inverted entities.--Notwithstanding any
other provision of law--
(A) no officer or employee of the United States may
enter into, extend, or modify a contract with a foreign
incorporated entity treated as an inverted domestic
corporation under subsection (c) during the restriction
period for the entity, and
(B) any officer or employee of the United States
entering into a contract after the date of the
enactment of this Act shall include in the contract a
prohibition on the subcontracting of any portion of the
contract to any foreign incorporated entity treated as
an inverted domestic corporation under subsection (c)
during the restriction period for the entity.
(2) Mandatory reduction in contract evaluation of certain
entities.--
(A) In general.--If, during the restriction period
for an acquired entity to which this section applies,
the entity makes an offer in response to a solicitation
of offers for a contract with the United States, any
officer or employee of the United States evaluating the
offer shall, solely for purposes of awarding the
contract, adjust the evaluation as follows:
(i) In the case of a contract to be entered
into with an offeror selected solely on the
basis of price, the price offered by such
acquired entity shall be deemed to be equal to
110 percent of the price actually offered.
(ii) In the case of a contract to be
entered into with an offeror on the basis of
two or more evaluation factors, the
quantitative evaluation of the offer made by
such acquired entity shall be deemed to be
reduced by 10 percent.
(B) Application to certain contractors.--If a
person other than an entity to which this paragraph
applies makes an offer for a contract with the United
States, and it is reasonable to assume at the time of
the offer that any portion of the work will be
subcontracted to such an entity, subparagraph (A) shall
be applied to such offer in the same manner as if the
person making the offer were such an entity.
(3) Application to related entities.--Paragraphs (1) and
(2) shall also apply during the restriction period for an
entity to--
(A) a member of an expanded affiliated group which
includes the entity, and
(B) any other related person with respect to the
entity.
(b) Exceptions.--
(1) Presidential waiver.--The President of the United
States may waive the application of subsection (a) with respect
to any contract if the President determines that the waiver is
necessary in the interest of national security.
(2) Exception where no tax avoidance purpose.--
(A) In general.--This section shall not apply to a
foreign incorporated entity or an acquired entity if
the entity requests, and the Secretary of the Treasury
issues, a determination letter that the acquisition
described in subsection (c)(1)(A) with respect to the
entity did not have as one of its principal purposes
the avoidance of Federal income taxation.
(B) Procedures.--The Secretary of the Treasury
shall prescribe the time and manner of filing a request
under this paragraph.
(C) Stay of restriction period.--
(i) In general.--The restriction period
with respect to an entity filing a request
under this paragraph shall not begin until the
Secretary of the Treasury notifies the entity
that it will not issue a determination letter
with respect to the request.
(ii) No action.--If the Secretary takes no
action with respect to a request during the 1-
year period beginning on the date of the
request (or such longer period as the Secretary
and the entity may agree upon), the Secretary
shall be treated as having issued a
determination letter described in subparagraph
(A). This clause shall not apply to a request
if the entity does not submit the request in
proper form or the entity does not provide the
information the Secretary requests to process
the request.
(c) Inverted Domestic Corporation.--For purposes of this section--
(1) In general.--A foreign incorporated entity shall be
treated as an inverted domestic corporation if, pursuant to a
plan (or a series of related transactions)--
(A) the entity completes after the date of the
enactment of this Act the direct or indirect
acquisition of substantially all of the properties held
directly or indirectly by a domestic corporation or
substantially all of the properties constituting a
trade or business of a domestic partnership,
(B) after the acquisition at least 80 percent of
the stock (by vote or value) of the entity is held--
(i) in the case of an acquisition with
respect to a domestic corporation, by former
shareholders of the domestic corporation by
reason of holding stock in the domestic
corporation, or
(ii) in the case of an acquisition with
respect to a domestic partnership, by former
partners of the domestic partnership by reason
of holding a capital or profits interest in the
domestic partnership, and
(C) the expanded affiliated group which after the
acquisition includes the entity does not have
substantial business activities in the foreign country
in which or under the law of which the entity is
created or organized when compared to the total
business activities of such expanded affiliated group.
(2) Rules for application of subsection.--In applying this
subsection, the following rules shall apply:
(A) Certain stock disregarded.--There shall not be
taken into account in determining ownership for
purposes of paragraph (1)(B)--
(i) stock held by members of the expanded
affiliated group which includes the foreign
incorporated entity, or
(ii) stock of such entity which is sold in
a public offering related to the acquisition
described in paragraph (1)(A).
(B) Plan deemed in certain cases.--If a foreign
incorporated entity acquires directly or indirectly
substantially all of the properties of a domestic
corporation or partnership during the 4-year period
beginning on the date which is 2 years before the
ownership requirements of paragraph (1)(B) are met with
respect to such corporation or partnership, such
actions shall be treated as pursuant to a plan.
(C) Certain transfers disregarded.--The transfer of
properties or liabilities (including by contribution or
distribution) shall be disregarded if such transfers
are part of a plan a principal purpose of which is to
avoid the purposes of this section.
(D) Special rule for related partnerships.--For
purposes of applying this subsection to the acquisition
of a domestic partnership, except as provided in
regulations, all partnerships which are under common
control (within the meaning of section 482 of the
Internal Revenue Code of 1986) shall be treated as 1
partnership.
(E) Treatment of certain rights.--The Secretary of
the Treasury shall prescribe such regulations as may be
necessary--
(i) to treat warrants, options, contracts
to acquire stock, convertible debt instruments,
and other similar interests as stock, and
(ii) to treat stock as not stock.
(d) Acquired Entity to Which Section Applies.--
(1) In general.--This section shall apply to an acquired
entity if a foreign incorporated entity would be treated as an
inverted domestic corporation with respect to the acquired
entity if subsection (c)(1)(B) were applied by substituting
``50 percent'' for ``80 percent''.
(2) Application to certain acquisitions before enactment.--
This section shall apply to an acquired entity if a foreign
incorporated entity would be treated as an inverted domestic
corporation if subsection (c)(1) were applied--
(A) by substituting ``after December 31, 1996, and
on or before the date of the enactment of this Act,''
for ``after the date of the enactment of this Act'' in
subparagraph (A), and
(B) by substituting ``50 percent'' for ``80
percent'' in subparagraph (B).
(3) Acquired entity.--For purposes of this section--
(A) In general.--The term `acquired entity' means
the domestic corporation or partnership substantially
all of the properties of which are directly or
indirectly acquired in an acquisition described in
subsection (c)(1)(A) to which this subsection applies.
(B) Aggregation rules.--Any domestic person bearing
a relationship described in section 267(b) or 707(b) of
the Internal Revenue Code of 1986 to an acquired entity
shall be treated as an acquired entity with respect to
the acquisition described in subparagraph (A).
(e) Definitions.--For purposes of this section--
(1) Expanded affiliated group.--The term ``expanded
affiliated group'' means an affiliated group as defined in
section 1504(a) of the Internal Revenue Code of 1986 (without
regard to section 1504(b)(3) of such Code), except that section
1504(a) of such Code shall be applied by substituting ``more
than 50 percent'' for ``at least 80 percent'' each place it
appears.
(2) Foreign incorporated entity.--The term ``foreign
incorporated entity'' means any entity which is treated as a
foreign corporation for purposes of such Code.
(3) Related person.--The term ``related person'' means,
with respect to any entity, a person which--
(A) bears a relationship to such entity described
in section 267(b) or 707(b) of such Code, or
(B) is under the same common control (within the
meaning of section 482 of such Code) as such entity.
(4) Restriction period.--
(A) In general.--The term ``restriction period''
means, with respect to any entity, the period--
(i) beginning on the date substantially all
of the properties to be acquired as part of the
acquisition described in subsection (c)(1)(A)
are acquired, and
(ii) to the extent provided by the
Secretary of the Treasury, ending on the date
the income and gain from such properties is
subject to United States taxation in the same
manner as if such properties were held by a
United States person.
(B) Special rules for acquired entities.--
(i) 10-year limit.--In the case of an
acquired entity to which subsection (a)(2)
applies, the restriction period shall end no
later than the date which is 10 years from the
date described in subparagraph (A)(i) (or, if
later, the date of the enactment of this Act).
(ii) Subsequent acquisitions by unrelated
domestic corporations.--
(I) In general.--Subject to such
conditions, limitations, and exceptions
as the Secretary of the Treasury may
prescribe, if, after an acquisition
described in subsection (c)(1)(A) to
which subsection (a)(2) applies, a
domestic corporation the stock of which
is traded on an established securities
market acquires directly or indirectly
any properties of one or more acquired
entities, then the restriction period
for any such acquired entity with
respect to which the requirements of
clause (ii) are met shall end
immediately after such acquisition.
(II) Requirements.--The
requirements of this subclause are met
with respect to a transaction involving
any acquisition described in subclause
(I) if--
(aa) before such
transaction the domestic
corporation did not have a
relationship described in
section 267(b) or 707(b) of
such Code, and was not under
common control (within the
meaning of section 482 of such
Code), with the acquired
entity, or any member of an
expanded affiliated group
including such entity, and
(bb) after such
transaction, such acquired
entity is a member of the same
expanded affiliated group which
includes the domestic
corporation or has such a
relationship or is under such
common control with any member
of such group, and is not a
member of, and does not have
such a relationship and is not
under such common control with
any member of, the expanded
affiliated group which before
such acquisition included such
entity.
(5) Other definitions.--The terms ``person'', ``domestic'',
and ``foreign'' have the same meanings given such terms by
section 7701(a) of such Code.
(f) Assistance.--The Secretary of the Treasury or his delegate
shall assist officers and employees of the United States in carrying
out the provisions of this section, including providing assistance in
identifying entities to which this section applies. | Reclaiming Expatriated Contracts and Profits Act - Prohibits awarding Federal contracts or subcontracts to foreign incorporated entities treated as inverted domestic corporations (a domestic corporation 80 percent of the stock of which is controlled by the former domestic stockholders or partners after the corporation is acquired by a foreign entity) and requires adjustments to Federal contract bids from certain previously acquired entities (a price increase for bids evaluated solely on price; a quantitative evaluation reduction for bids evaluated on two or more factors) for a specified period following such acquisition.Authorizes: (1) a presidential waiver in the interest of national security; and (2) an exception to the application of this Act for entities that were not acquired to avoid Federal income taxation. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Consumer Bill of Rights
Conforming Act of 1998''.
SEC. 2. ASSURING ACCESS TO OBSTETRICIAN-GYNECOLOGISTS.
Section 1852(d) of the Social Security Act (42 U.S.C. 1395w-22(d))
is amended--
(1) by striking ``A Medicare+Choice organization'' and
inserting ``Subject to paragraph (5), a Medicare+Choice
organization'', and
(2) by adding at the end the following new paragraph:
``(5) Assuring access to obstetrical and gynecological
care.--
``(A) In general.--If a Medicare+Choice
organization requires or provides for an enrollee to
designate a participating primary care provider--
``(i) the organization shall permit such an
individual to designate a participating
physician who specializes in obstetrics and
gynecology as the individual's primary care
provider; and
``(ii) if such an individual has not
designated such a provider as a primary care
provider, the organization--
``(I) may not require authorization
or a referral by the individual's
primary care provider or otherwise for
coverage of routine gynecological care
(such as preventive women's health
examinations) and pregnancy-related
services provided by a participating
health care professional who
specializes in obstetrics and
gynecology to the extent such care is
otherwise covered, and
``(II) may treat the ordering of
other gynecological care by such a
participating physician as the
authorization of the primary care
provider with respect to such care
under the Medicare+Choice plan.
``(B) Construction.--Nothing in subparagraph
(A)(ii)(II) shall waive any requirements of coverage
relating to medical necessity or appropriateness with
respect to coverage of gynecological care so
ordered.''.
SEC. 3. ASSURING CONTINUITY OF CARE.
Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is
amended by adding at the end the following new subsection:
``(l) Assuring Continuity of Care.--
``(1) In general.--
``(A) Termination of provider.--If a contract
between a Medicare+Choice organization and a health
care provider is terminated (as defined in subparagraph
(B)), or benefits or coverage provided by a health care
provider are terminated because of a change in the
terms of provider participation in a Medicare+Choice
plan, and an individual who is an enrollee in the plan
is undergoing a course of treatment from the provider
at the time of such termination, the organization
shall--
``(i) notify the individual on a timely
basis of such termination, and
``(ii) subject to paragraph (3), permit the
individual to continue or be covered with
respect to the course of treatment with the
provider during a transitional period (provided
under paragraph (2)).
``(B) Termination.--In this subsection, the term
`terminated' includes, with respect to a contract, the
expiration or nonrenewal of the contract, but does not
include a termination of the contract by the
organization for failure to meet applicable quality
standards or for fraud.
``(2) Transitional period.--
``(A) In general.--Except as provided in
subparagraphs (B) through (D), the transitional period
under this paragraph shall extend for at least 90 days
from the date of the notice described in paragraph
(1)(A)(i) of the provider's termination.
``(B) Institutional care.--The transitional period
under this paragraph for institutional or inpatient
care from a provider shall extend until the discharge
or termination of the period of institutionalization
and also shall include institutional care provided
within a reasonable time of the date of termination of
the provider status if the care was scheduled before
the date of the announcement of the termination of the
provider status under paragraph (1))(A)(i) or if the
individual on such date was on an established waiting
list or otherwise scheduled to have such care.
``(C) Pregnancy.--If--
``(i) an enrollee has entered the second
trimester of pregnancy at the time of a
provider's termination of participation, and
``(ii) the provider was treating the
pregnancy before date of the termination,
the transitional period under this paragraph with
respect to provider's treatment of the pregnancy shall
extend through the provision of post-partum care
directly related to the delivery.
``(D) Terminal illness.--If--
``(i) an enrollee was determined to be
terminally ill (as determined under section
1861(dd)(3)(A)) at the time of a provider's
termination of participation, and
``(ii) the provider was treating the
terminal illness before the date of
termination,
the transitional period under this paragraph shall
extend for the remainder of the individual's life for
care directly related to the treatment of the terminal
illness.
``(3) Permissible terms and conditions.--A Medicare+Choice
organization may condition coverage of continued treatment by a
provider under paragraph (1)(A)(ii) upon the provider agreeing
to the following terms and conditions:
``(A) The provider agrees to accept reimbursement
from the organization and individual involved (with
respect to cost-sharing) at the rates applicable prior
to the start of the transitional period as payment in
full (or, in the case described in paragraph (1)(B), at
the rates applicable under the replacement organization
after the date of the termination of the contract with
the organization) and not to impose cost-sharing with
respect to the individual in an amount that would
exceed the cost-sharing that could have been imposed if
the contract referred to in paragraph (1)(A) had not
been terminated.
``(B) The provider agrees to adhere to the quality
assurance standards of the organization responsible for
payment under subparagraph (A) and to provide to such
organization necessary medical information related to
the care provided.
``(C) The provider agrees otherwise to adhere to
such organization's policies and procedures, including
procedures regarding referrals and obtaining prior
authorization and providing services pursuant to a
treatment plan (if any) approved by the organization.
``(4) Construction.--Nothing in this subsection shall be
construed to require the coverage of benefits which would not
have been covered if the provider involved remained a
participating provider.''
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to Medicare+Choice
organizations with respect to contracts with the Secretary of Health
and Human Services for contract years beginning more than 90 days after
the date of the enactment of this Act. | Medicare Consumer Bill of Rights Conforming Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to require a Medicare+Choice organization that requires or provides for an enrollee to designate a participating primary care provider to permit such an individual to designate a participating physician who specializes in obstetrics and gynecology as the individual's primary care provider.
Declares that, if such an individual has not designated such a provider as a primary care provider, the organization: (1) may not require authorization or referral by the individual's primary care provider, or otherwise, for coverage of routine gynecological care (such as preventive women's health examinations) and pregnancy-related services provided by a participating health care professional who specializes in obstetrics and gynecology to the extent such care is otherwise covered. Authorizes the organization to treat the ordering of other gynecological care by such a participating physician as the authorization of the primary care provider with respect to such care under the Medicare+Choice plan.
Requires a Medicare+Choice organization to permit an enrollee undergoing a course of treatment from a health care provider when the contract between organization and provider is terminated to continue or be covered with respect to the course of treatment with the provider during a specified transitional period. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prepare, Ready, Equip, and Prevent
Areas at Risk of Emergency Wildfires Act of 2013'' or the ``PREPARE Act
of 2013''.
SEC. 2. WILDFIRE MITIGATION.
Title II of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.) is amended by inserting after
section 203 the following:
``SEC. 203A. WILDFIRE MITIGATION.
``(a) Definitions.--In this section--
``(1) the term `Administrator' means the Administrator of
the Federal Emergency Management Agency;
``(2) the term `community wildfire protection plan' has the
meaning given the term in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511);
``(3) the term `local mitigation plan' means a mitigation
plan developed under section 322(b) that addresses wildfire
mitigation and preparedness; and
``(4) the term `State mitigation plan' means a mitigation
plan developed under section 322(c) that addresses wildfire
mitigation and preparedness.
``(b) Establishment of Wildfire Mitigation and Preparedness Grant
Program.--The President, acting through the Administrator, shall
establish a pilot program to make grants to States for wildfire
mitigation and preparedness.
``(c) Use of Funds.--A grant under this section may be used by a
State--
``(1) to reduce the hazardous fuel load by reducing the use
of fuels that may contribute to catastrophic wildfires in high-
risk areas;
``(2) to invest in personnel and organizations to improve
wildfire preparedness;
``(3) to invest in vehicles and other equipment to improve
wildfire preparedness;
``(4) to invest in air tankers or other airborne assets to
help contain, suppress, and monitor wildfires;
``(5) to prevent damage from runoff into waterways and
floods caused by erosion from wildfires; and
``(6) at the discretion of the Governor of a State, for any
other wildfire mitigation and preparedness activities on
Federal, State, or private land in the State, unless otherwise
prohibited by law.
``(d) Eligibility for Assistance.--
``(1) In general.--
``(A) Eligibility.--A State shall be eligible for
assistance under this section if the section 420 grant
ratio for such State is equal to or greater than 150
percent of the State population ratio.
``(B) Ratios.--For purposes of subparagraph (A)--
``(i) the section 420 grant ratio shall be
equal to the quotient of--
``(I) the number of declarations
for a grant under section 420 received
by the State during the 10 years prior
to the date on which an application for
assistance is submitted under this
section, divided by
``(II) the total number of
declarations for a grant under section
420 in the United States during the 10
years prior to the date on which an
application for assistance is submitted
under this section; and
``(ii) the State population ratio shall be
equal to the quotient of--
``(I) the population of the State,
based on the most recent data available
from the Bureau of the Census on the
date on which an application for
assistance is submitted under this
section, divided by
``(II) the population of the United
States, based on the most recent data
available from the Bureau of the Census
on the date on which an application for
assistance is submitted under this
section.
``(2) Waiver.--The President may waive the requirement of
paragraph (1) if a State--
``(A) files a petition for waiver of the
requirement of paragraph (1); and
``(B) demonstrates that significant environmental
changes or shifts in forest health put the State at an
elevated risk for catastrophic wildfires, as determined
by the President.
``(3) Local assistance.--The Governor of a State may award
funds received under this section, to be used solely for the
purposes set forth under subsection (c), to--
``(A) any county or municipality in that State with
a community wildfire protection plan or a local
mitigation plan; or
``(B) any other entity that is explicitly
referenced in and central to, in the determination of
the Governor, the design of a community wildfire
protection plan or a local mitigation plan.
``(e) Criteria for Assistance.--In determining whether to award a
grant to a State under this section, the President shall--
``(1) give preference to--
``(A) a State with a high level of need for
assistance based on the best scientific data available,
as determined by the President in consultation with the
Chief of the Forest Service;
``(B) a State that provides matching non-Federal
funds, including funds from nongovernmental entities,
equal to not less than 100 percent of the amount of
Federal funds made available under this section; and
``(C) a State that previously received a grant
under this section and efficiently and effectively used
the Federal funds for wildfire mitigation and
preparedness activities in the State, as determined by
the President; and
``(2) consider environmental conditions in a State,
including environmental changes, deteriorating forest health,
and overall wildfire risk.
``(f) Application for Assistance.--
``(1) In general.--To request a grant under this section, a
State shall submit an application to the President in such
form, in such manner, and containing such information as the
President may reasonably require.
``(2) Contents.--In addition to any other requirements that
may be specified by the President, a State submitting an
application for a grant under this section shall demonstrate
that--
``(A) the State has a publicly available State
mitigation plan;
``(B) the State shall provide matching non-Federal
funds equal to not less than 50 percent of the amount
of Federal funds made available under this subsection;
and
``(C) a county or municipality that may receive
funds from the grant has a community wildfire
protection plan or a local mitigation plan.
``(g) Report.--Not later than 1 year after the date of receipt of a
grant under this section, a State shall submit to the Administrator a
report, which shall be made publicly available, on the use of funds
made available under the grant.
``(h) Funding for Assistance.--
``(1) Predisaster mitigation fund.--Subject to the
availability of funds in the National Predisaster Mitigation
Fund established under section 203(i), the President shall use
not less than $20,000,000 and not more than $30,000,000 from
unobligated amounts in the National Predisaster Mitigation Fund
for each of fiscal years 2014 through 2019 in carrying out this
section.
``(2) Rule of construction.--Nothing in this section shall
be construed to increase the amount of appropriations
authorized for the Department of Homeland Security in any given
fiscal year.''. | Prepare, Ready, Equip, and Prevent Areas at Risk of Emergency Wildfires Act of 2013 or the PREPARE Act of 2013 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to establish a pilot program to make grants to states for wildfire mitigation and preparedness. Permits a grant to be used to: (1) reduce the use of fuels that may contribute to catastrophic wildfires in high-risk areas; (2) invest in personnel, organizations, vehicles, and equipment to improve wildfire preparedness; (3) invest in airborne assets to help contain, suppress, and monitor wildfires; and (4) prevent damage from runoff into waterways and floods caused by erosion from wildfires. Makes a state eligible for assistance under this Act if the fire management assistance grant ratio for such state is equal to or greater than 150% of the state population ratio. Authorizes the President to waive that requirement if a state: (1) files a petition for waiver of that requirement, and (2) demonstrates that significant environmental changes or shifts in forest health put the state at an elevated risk for catastrophic wildfires. Allows the governor of a state to award grant funds to: (1) any county or municipality in that state with a community wildfire protection plan or a local mitigation plan, or (2) any other entity that is explicitly referenced in and central to the design of such a plan. Directs the President to consider environmental conditions in a state and give preference to a state: (1) with a high level of need for assistance based on the best scientific data available, (2) a state that provides 100% matching non-federal funds, and (3) a state that previously received a grant and efficiently and effectively used the federal funds for wildfire mitigation and preparedness activities. Directs the President to use specified unobligated amounts in the National Predisaster Mitigation Fund for each of FY2014-FY2019 in carrying out this Act. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids, Homes, and Grandparents Act of
1996''.
SEC. 2. CHILD TAX CREDIT.
(a) In General.--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 22 the
following new section:
``SEC. 23. CHILD TAX CREDIT.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to $500 multiplied by the number of qualifying children of the
taxpayer.
``(b) Qualifying Child.--For purposes of this section, the term
`qualifying child' means any individual if--
``(1) the taxpayer is allowed a deduction under section 151
with respect to such individual for the taxable year,
``(2) such individual has not attained the age of 18 as of
the close of the calendar year in which the taxable year of the
taxpayer begins, and
``(3) such individual bears a relationship to the taxpayer
described in section 32(c)(3)(B).''
(b) 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 the item relating to section 22 the following new item:
``Sec. 23. Child tax credit.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 3. DEDUCTION IF PARENT OR GRANDPARENT RESIDES WITH TAXPAYER.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 220
as section 221 and by inserting after section 219 the following new
section:
``SEC. 220. TAXPAYERS WITH WHOM PARENT OR GRANDPARENT RESIDES.
``(a) In General.--In the case of an individual who maintains a
household which includes as a member one or more parents or
grandparents of such individual who have as the principal place of
their abode the home of such individual, there shall be allowed as a
deduction the product of--
(1) $1000, and
(2) the number of such parents and grandparents.
``(b) Parent or Grandparent.--For purposes of subsection (a), the
term `parent or grandparent' means, with respect to any individual, any
ancestor of the individual or of the individual's spouse or former
spouse. For purposes of the preceding sentence, the term `ancestor'
includes a stepmother or stepfather.''
(b) Deduction Allowable Whether or Not Taxpayer Itemizes.--
Subsection (a) of section 62 of such Code is amended by inserting after
paragraph (15) the following new paragraph:
``(16) Taxpayers with whom parent or grandparent resides.--
The deduction allowed by section 220.''
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 220 and inserting the following new items:
``Sec. 220. Taxpayers with whom parent or
grandparent resides.
``Sec. 221. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 4. REDUCTION OF TAX ON QUALIFIED PRINCIPAL RESIDENCE GAIN.
(a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed on individuals) is amended by adding at the
end the following new subsection:
``(i) Reduction in Capital Gains Rate Applied to Qualified
Principal Residence Gain.--
``(1) In general.--In the case of an individual, if any
taxable income of the taxpayer would be taxed at a rate in
excess of 15 percent (determined without regard to this
subsection) for any taxable year and such taxpayer has
qualified principal residence gain for such taxable year--
``(A) subsection (h) shall not apply to such
taxable year, and
``(B) the tax imposed by this section for such
taxable year shall not exceed the sum of--
``(i) a tax computed at the rates and in
the same manner as if this subsection had not
been enacted on taxable income reduced by the
amount of the net capital gain,
``(ii) 15 percent of qualified principal
residence gain, and
``(iii) the sum of--
``(I) 15 percent of the excess (if
any) of the maximum amount of income
subject to the 15 percent rate bracket
applicable to the taxpayer over the
amounts taken into account under
clauses (i) and (ii), and
``(II) 28 percent of the excess (if
any) of taxable income over the amounts
taken into account under subclause (I)
and clauses (i) and (ii).
``(2) Qualified principal residence gain.--For purposes of
this subsection--
``(A) In general.--The term `qualified principal
residence gain' means the amount of gain from the sale
or exchange of a qualified principal residence during
the taxable year, reduced by--
``(i) the amount of gain not included in
gross income pursuant to an election under
section 121 (relating to one-time exclusion of
gain from sale of principal residence by
individual who has attained age 55) with
respect to such sale or exchange, and
``(ii) the amount of gain not recognized
with respect to such sale or exchange under
section 1034 (relating to rollover of gain on
sale of principal residence).
``(B) Limitation.--In no event may the qualified
principal residence gain exceed the lesser of--
``(i) $90,000, or
``(ii) the net capital gain for the taxable
year.
``(C) Qualified principal residence.--The term
`qualified principal residence' means a principal
residence (within the meaning of section 1034) with
respect to which the taxpayer meets the requirements of
121(a)(2) (determined after the application of section
121(d)).
``(D) Property used in part as principal
residence.--Rules similar to the rules of section
121(d)(5) shall apply.
``(3) Coordination with investment income election.--For
purposes of this subsection, the net capital gain for any
taxable year shall be reduced (but not below zero) by the
amount which the taxpayer elects to take into account as
investment income for the taxable year under section
163(d)(4)(B)(iii).''
(b) Effective Date.--The amendment made by this section shall apply
to gain from sales or exchanges of principal residences after December
31, 1996, for taxable years beginning after such date.
SEC. 5. INDEXED BASIS OF PRIMARY RESIDENCE.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basis rules of general
application) is amended by inserting after section 1021 the following
new section:
``SEC. 1022. ADJUSTED BASIS OF PRINCIPAL RESIDENCE.
``(a) In General.--In the case of an individual, the adjusted basis
for determining the gain from the sale or exchange of the principal
residence (within the meaning of section 1034) of such individual shall
be the indexed basis of such principal residence.
``(b) Indexed Basis.--For purposes of this section, the indexed
basis of any principal residence is the sum of--
``(1) the adjusted basis (determined without regard to this
section) of such residence, and
``(2) the applicable inflation adjustment.
``(c) Applicable Inflation Adjustment.--For purposes of this
section, the term `applicable inflation adjustment' means, for any
principal residence, an amount equal to the product of--
``(1) the adjusted basis (determined without regard to this
section) of such residence, and
``(2) the percentage (if any) by which--
``(A) the gross domestic product deflator for the
last calendar quarter ending before such residence is
sold or exchanged, exceeds
``(B) the gross domestic product deflator for the
last calendar quarter ending before such residence was
acquired by the taxpayer.
The percentage under paragraph (2) shall be rounded to the nearest \1/
10\ of 1 percentage point.
``(d) Gross Domestic Product Deflator.--For purposes of this
section, the gross domestic product deflator for any calendar quarter
is the implicit price deflator for the gross domestic product for such
quarter (as shown in the last revision thereof released by the
Secretary of Commerce before the close of the following calendar
quarter).
``(e) Treatment of Improvements to Property.--If there is an
addition to the adjusted basis of a principal residence during a
taxable year by reason of an improvement to such residence, and the
aggregate amount thereof during the taxable year with respect to such
residence is $1,000 or more, such improvement shall be separately
indexed under subsections (b) and (c) as if the improvement were a
separate residence acquired at the close of such taxable year, in
accordance with regulations prescribed by the Secretary.''
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 of such Code is amended by inserting after
the item relating to section 1021 the following new item:
``Sec. 1022. Adjusted basis of principal
residence.''
(c) Effective Date.--The amendments made by this section shall
apply to residences sold or exchanged after December 31, 1996, for
taxable years beginning after such date. | Kids, Homes, and Grandparents Act of 1996 - Amends the Internal Revenue Code to provide for: (1) a tax credit for each qualifying child; (2) a tax deduction for taxpayers with whom a parent or grandparent resides; (3) a reduction in the capital gains rate applied to qualified principal residence gain; and (4) an indexed basis for primary residences. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Energy Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) nuclear energy provides--
(A) approximately 19 percent of the electricity of
the United States; and
(B) approximately 70 percent of the carbon-dioxide
free electricity of the United States;
(2) nuclear energy has the lowest land-use requirements per
megawatt of any electricity generating source;
(3) the majority of the 104 operating reactors located in
the United States were constructed during a 20-year time period
beginning in 1970 and ending in 1990; and
(4) a broader deployment of nuclear energy (including novel
methods such as the development of small reactors and advanced
fuel cycles) would greatly improve the ability of the United
States--
(A) to reduce greenhouse gas emissions; and
(B) to maintain low electricity prices.
SEC. 3. REVISIONS TO LOAN GUARANTEE PROGRAM AUTHORITY.
(a) Definition of Commercial Technology.--Section 1701(1) of the
Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is amended by striking
subparagraph (B) and inserting the following:
``(B) Exclusion.--The term `commercial technology'
does not include a technology if the sole use of the
technology is in connection with--
``(i) a demonstration project; or
``(ii) a project for which the Secretary
approved a loan guarantee.''.
(b) Subrogation.--Section 1702(g)(2) of the Energy Policy Act of
2005 (42 U.S.C. 16512(g)(2)) is amended by striking subparagraphs (B)
and (C) and inserting the following:
``(B) Superiority of rights.--Except as provided in
subparagraph (C), the rights of the Secretary, with
respect to any property acquired pursuant to a
guarantee or related agreements, shall be superior to
the rights of any other person with respect to the
property.
``(C) Terms and conditions.--A guarantee agreement
shall include such detailed terms and conditions as the
Secretary determines appropriate to--
``(i) protect the interests of the United
States in the case of default;
``(ii) have available all the patents and
technology necessary for any person selected,
including the Secretary, to complete and
operate the project;
``(iii) provide for sharing the proceeds
received from the sale of project assets with
other creditors or control the disposition of
project assets if necessary to protect the
interests of the United States in the case of
default; and
``(iv) provide such lien priority in
project assets as necessary to protect the
interests of the United States in the case of a
default.''.
(c) Fees.--Section 1702(h) of the Energy Policy Act of 2005 (42
U.S.C. 16512(h)) is amended by striking paragraph (2) and inserting the
following:
``(2) Availability.--Fees collected under this subsection
shall remain available to the Secretary for expenditure,
without further appropriation or fiscal year limitation, for
administrative expenses incurred in carrying out this title.
``(3) Adjustment.--The Secretary may adjust the amount or
manner of collection of fees under this title as the Secretary
determines is necessary to promote, to the maximum extent
practicable, eligible projects under this title.
``(4) Excess fees.--Of the amount of a fee imposed on an
applicant at the conditional commitment stage, 75 percent of
the amount shall be refundable to the applicant if there is no
financial close on the application, unless the Secretary
determines that the administrative costs of the Department have
exceeded the amount retained.
``(5) Credit report.--If, in the opinion of the Secretary,
the credit rating of an applicant is not relevant to the
determination of whether or not support will be provided and
the applicant agrees to accept the credit rating assigned to
the applicant by the Secretary, the Secretary may waive any
requirement to provide a third-party credit report.''.
(d) Processing.--Section 1702 of the Energy Policy Act of 2005 (42
U.S.C. 16512) is amended by adding at the end the following:
``(k) Accelerated Reviews.--To the maximum extent practicable and
consistent with sound business practices, the Secretary shall seek to
conduct necessary reviews concurrently of an application for a loan
guarantee under this title such that decisions as to whether to enter
into a commitment on the application can be issued not later than 180
days after the date of submission of a completed application.''.
(e) Eligible Projects.--Section 1703(b)(4) of the Energy Policy Act
of 2005 (42 U.S.C. 16513(b)(4)) is amended by inserting ``(including
nuclear power parts, services, and fuel suppliers)'' after ``energy
facilities''.
(f) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Use of Funds.--Of the funds made available under subsection
(a), not less than $10,000,000,000 shall be used to cover the costs of
subsidies under this title.''.
SEC. 4. NUCLEAR REGULATORY COMMISSION.
(a) Sense of Congress Regarding Blue-Ribbon Panel for Development
of Federal Nuclear Waste Policy.--It is the sense of Congress that
Congress supports the convening by the President of a blue-ribbon panel
for the development of a Federal nuclear waste policy.
(b) Small Nuclear Reactor Design Development.--Section 952(c) of
the Energy Policy Act of 2005 (42 U.S.C. 16272(c)) is amended by adding
at the end the following:
``(3) Small nuclear reactor design development.--
``(A) In general.--In carrying out the Program, in
accordance with subparagraph (B), the Secretary shall
offer to enter into cooperative agreements with reactor
manufacturers and electric utilities to license nuclear
reactors--
``(i) the electrical power capacity of
which are less than 350 megawatts per unit; or
``(ii) the thermal power capacity of which
are less than 900 megawatts per unit.
``(B) Requirements.--In carrying out subparagraph
(A), the Secretary shall--
``(i) ensure that not more than 3 of the
most technically and economically feasible
designs will be submitted to the Nuclear
Regulatory Commission for design certification
and licensing; and
``(ii) with respect to a reactor, pay to
the Nuclear Regulatory Commission 50 percent of
any fees arising from--
``(I) the design certification of
the reactor;
``(II) the first early site permit
for the reactor; and
``(III) the first combined
operating license for the reactor.
``(C) Responsibility of nuclear regulatory
commission.--Not later than 90 days after the date of
receipt of an application for a design certification,
early site permit, or combined operating license, the
Nuclear Regulatory Commission shall submit to the
appropriate committees of Congress a report regarding
the status of the application.
``(D) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out this paragraph $200,000,000 for each of fiscal
years 2011 through 2015, to remain available until
expended.''.
(c) Construction and Operating Licences.--Section 182 of the Atomic
Energy Act of 1954 (42 U.S.C. 2232) is amended by adding at the end the
following:
``e. Nuclear Waste Confidence.--In considering applications for the
construction and operation of a nuclear facility submitted to the
Commission under section 103 or 104, the Commission shall consider that
sufficient capacity will be available in a timely manner to dispose of
spent nuclear fuel and high-level radioactive waste resulting from the
operation of the nuclear facility that is the subject of the
application.''.
SEC. 5. FUNDING FOR WORKFORCE DEVELOPMENT AND RESEARCH.
(a) Nuclear Workforce Education.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Education to carry out
the education of a nuclear workforce $100,000,000 for each of
fiscal years 2011 through 2020, to remain available until
expended.
(2) Use of funds.--In using funds made available under
paragraph (1), the Secretary of Education, in consultation with
the Secretary of Labor and the Secretary of Energy, shall--
(A) carry out activities to educate and train
craftsmen, engineers, operators, and other appropriate
workers as determined to be necessary by the Secretary
of Education to ensure an adequate nuclear workforce;
and
(B) make grants to develop educational and
cooperative programs at--
(i) secondary schools, as defined in
section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801); and
(ii) postsecondary institutions.
(b) Nuclear Reactor Lifetime-Extension Research.--There is
authorized to be appropriated to the Secretary of Energy to carry out
nuclear reactor uprate and lifetime-extension research $50,000,000 for
each of fiscal years 2011 through 2020, to remain available until
expended.
(c) Clean Energy Research and Development.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Energy to carry out
research and development activities to advance clean energy
$750,000,000 for each of fiscal years 2011 through 2020, to
remain available until expended.
(2) Use of funds.--Of the funds made available under
paragraph (1) for each of fiscal years 2011 through 2020--
(A) $150,000,000 shall be used for the research and
development of liquid transportation biofuels other
than ethanol;
(B) $150,000,000 shall be used for the research and
development of marketable--
(i) carbon dioxide capture, storage, or
conversion; or
(ii) beneficial reuses of carbon dioxide;
(C) $150,000,000 shall be used for research and
development to reduce the cost of batteries for
electric vehicles;
(D) $150,000,000 shall be used for research and
development to make solar electricity cost-competitive
with respect to traditional sources of electricity
generation (including coal); and
(E) $150,000,000 shall be used for research and
development to recycle used nuclear fuel (including the
research and development of Generation IV nuclear
reactors that are designed to consume recycled nuclear
fuel). | Clean Energy Act of 2009 - Amends the Energy Policy Act of 2005 to: (1) revise provisions of the loan guarantee program for innovative technologies relating to the definition of commercial technology, subrogation, and fees; and (2) direct the Secretary of Energy, in carrying out the Nuclear Power 2010 Program, to offer to enter into cooperative agreements with reactor manufacturers and electric utilities to license certain small nuclear reactors.
Expresses the sense of Congress supporting the convening by the President of a blue-ribbon panel for the development of a federal nuclear waste policy.
Authorizes appropriations for FY2011-FY2020 to carry out: (1) the education and training of a nuclear workforce; (2) nuclear reactor uprate and lifetime-extension research; and (3) clean energy research and development activities. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Compact-Impact
Reimbursement Act''.
(b) Findings.--Congress finds the following:
(1) In approving the Compact of Free Association it was not
the intent of Congress to cause adverse consequences for Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, or the State of Hawaii.
(2) Congress declared that if any adverse consequences to
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, or the State of Hawaii resulted from implementation of
the Compact of Free Association, Congress would act
sympathetically and expeditiously to redress those adverse
consequences.
(3) The General Accounting Office has reported that
migration from the Freely Associated States has had a
significant impact on Guam, the Commonwealth of the Northern
Mariana Islands, and the State of Hawaii.
(4) By placing demands on local governments for health,
educational, and other social services, migration under the
Compact has adversely affected the budgetary resources of Guam,
the Commonwealth of the Northern Mariana Islands, and the State
of Hawaii.
(5) Insufficient sums have been appropriated to cover the
costs incurred by Guam, the Commonwealth of the Northern
Mariana Islands, and the State of Hawaii, resulting from
increased demands placed on health, educational, and other
social services by individuals from the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
(c) Purpose.--It is the purpose of this Act to address the unfunded
Federal mandate and adverse financial consequences resulting from the
Compact by meeting the obligations set forth in the Compact.
SEC. 2. ENSURING MANDATORY APPROPRIATIONS AND HEALTH SERVICES
REIMBURSEMENT AS PART OF COMPACT-IMPACT AID.
(a) In General.--Section 104(e)(6) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1904(e)(6)) is amended to read as
follows:
``(6) Impact costs.--
``(A) Authorization and continuing
appropriations.--
``(i) In general.--There is hereby
authorized and appropriated to the Secretary of
the Interior, for each fiscal year from 2004
through 2023, $35,000,000 for grants to Guam,
the State of Hawaii, the Commonwealth of the
Northern Mariana Islands, and American Samoa to
aid in defraying costs incurred by their
governments as a result of increased demands
placed on health, educational, social, or
public safety services or infrastructure
related to such services due to the residence
of qualified nonimmigrants.
``(ii) Awarding.--The grants under clause
(i) shall be--
``(I) awarded and administered by
the Department of the Interior, Office
of Insular Affairs, or any successor
thereto, in accordance with
regulations, policies and procedures
applicable to grants so awarded and
administered; and
``(II) used only for health,
educational, social, or public safety
services, or infrastructure related to
such services, specifically affected by
qualified nonimmigrants.
``(iii) Enumeration.--For purposes of
carrying out this subparagraph, the Secretary
of the Interior shall provide for periodic
enumerations of qualified nonimmigrants in
Guam, the State of Hawaii, the Commonwealth of
the Northern Mariana Islands, and American
Samoa. The enumerations--
``(I) shall be conducted at such
intervals as the Secretary of the
Interior shall determine, but no less
frequently than every five years,
beginning in fiscal year 2004; and
``(II) shall be supervised by the
United States Bureau of the Census or
other organization as the Secretary of
the Interior may select.
``(iv) Allocation.--The Secretary of the
Interior shall allocate to each of the
governments of Guam, the State of Hawaii, the
Commonwealth of the Northern Mariana Islands,
and American Samoa, grants under clause (i) for
a fiscal year on the basis of the ratio of the
number of qualified nonimmigrants (as most
recently enumerated under clause (iii)) in the
respective jurisdiction to the total of such
numbers for all the jurisdictions.
``(B) Treatment of certain health care impact
costs.--Notwithstanding any other provision of law, for
purposes of providing medical assistance for qualified
nonimmigrants under title XIX of the Social Security
Act in the case of a State or territory referred to in
subparagraph (A)(i)--
``(i) such individuals shall be treated in
the same manner as an individual described in
section 402(a)(2)(G) of Public Law 104-193, as
amended;
``(ii) the Federal medical assistance
percentage shall be the same percentage as is
applied to medical assistance for services
which are received through an Indian Health
Service facility; and
``(iii) payments under such title for
medical assistance for such individuals shall
not be taken into account in applying any
limitations under section 1108 of the Social
Security Act.
``(C) Qualified nonimmigrant defined.--In this
paragraph, term `qualified nonimmigrant' means a person
admitted to the United States pursuant to--
``(i) section 141 of the Compact of Free
Association set forth in title II; or
``(ii) section 141 of the Compact of Free
Association between the United States and the
Government of Palau.''.
(b) Effective Date.--Section 104(e)(6)(B) of the Compact of Free
Association Act of 1985, as amended by subsection (a), shall apply to
medical assistance for items and services furnished on or after October
1, 2003.
SEC. 3. ENSURING FOOD STAMPS ELIGIBILITY AS PART OF COMPACT-IMPACT AID.
(a) In General.--Section 104(e)(6) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1904(e)(6)), as amended by section
2, is further amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Treatment of certain social impact costs.--
Notwithstanding any other provision of law, with
respect to the food stamp program as defined in section
3(h) of the Food Stamp Act of 1977--
``(i) sections 401(a) and 402(a)(1) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not apply to a
qualified nonimmigrant to the same extent that
such sections 401(a) and 402(a)(1) do not apply
to the individuals described in section
402(a)(2)(G) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 by
reason of such section 402(a)(2)(G); and
``(ii) section 16(e)(1) of the Food Stamp
Act of 1977 shall not apply to a qualified
nonimmigrant.''.
(b) Effective Date.--Section 104(e)(6)(C) of the Compact of Free
Association Act of 1985, as inserted by subsection (a), shall apply on
and after October 1, 2003.
SEC. 4. ENSURING THE CONTROL AND PREVENTION OF COMMUNICABLE DISEASES AS
PART OF COMPACT-IMPACT AID.
Section 105(o) of the Compact of Free Association Act of 1985 (48
U.S.C. 1905(o)) is amended to read as follows:
``(o) Communicable Disease Control Programs.--There are authorized
to be appropriated for grants to the Governments of the Federated
States of Micronesia, the Republic of the Marshall Islands, the
Republic of Palau, Guam, the State of Hawaii, the Commonwealth of the
Northern Mariana Islands, and American Samoa such sums as may be
necessary for purposes of establishing or continuing programs for the
control and prevention of communicable diseases, including (but not
limited to) cholera and Hansen's Disease. The Secretary of the Interior
shall assist the Governments of the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, Guam, the
State of Hawaii, the Commonwealth of the Northern Mariana Islands, and
American Samoa in designing and implementing such programs.''.
SEC. 5. ENSURING AVAILABILITY OF DEPARTMENT OF DEFENSE MEDICAL
FACILITIES AND NATIONAL HEALTH SERVICE CORPS SERVICES AS
PART OF COMPACT-IMPACT AID.
Section 105(k) of the Compact of Free Association Act of 1985 (48
U.S.C. 1905(k)) is amended to read as follows:
``(k) Availability of Defense Medical Facilities and National
Health Service Corps Services.--
``(1) Department of defense facilities.--The Secretary of
Defense shall make available the medical facilities of the
Department of Defense for use by individuals from the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau who are properly referred to such
facilities by government authorities responsible for provision
of medical services in the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, Guam,
the State of Hawaii, the Commonwealth of the Northern Mariana
Islands, and American Samoa.
``(2) National health service corps services.--The
Secretary of Health and Human Services shall continue to make
the services of the National Health Service Corps available to
the residents of the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau, to
the same extent and for long as such services are authorized to
be provided to persons residing in any other areas within or
outside the United States.''.
SEC. 6. ENSURING RETIREMENT OF MEDICAL REFERRAL DEBTS AS PART OF
COMPACT-IMPACT AID.
Section 105(d) of the Compact of Free Association Act of 1985 (48
U.S.C. 1905(d)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--In addition to the funds provided in
Title Two, Article II, section 221(b) of the Compact, the
United States shall make available to the Governments of the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau such sums as may be
necessary for the payment of the obligations incurred for the
use of medical facilities in the United States, including any
territories and commonwealths, by individuals from the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau, before October 1, 2003.'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(3) in paragraph (2), as so redesignated, by striking ``or
(2) of this subsection, as the case may be''. | Compact-Impact Reimbursement Act - Amends the Compact of Free Association Act of 1985 to authorize and appropriate to the Secretary of the Interior specified funds for FY 2004 through 2023 for grants to Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa to aid in defraying costs incurred by their governments as a result of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services, due to the residence of qualified immigrants. Provides food stamp eligibility for such immigrants and qualified nonimmigrants.
Authorizes appropriations for grants to the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palua, Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa for establishing or continuing programs for the control and prevention of communicable diseases, including cholera and Hansen's Disease.
Directs the Secretaries of Defense and Health and Human Services to make medical facilities of the Department of Defense and the National Health Service Corps, respectively, available to the residents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palua. Requires the United States to make available to the Governments of such States and Republics necessary sums for the payment of obligations incurred for the use of such facilities. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Donation Antitrust
Immunity Act of 1997''.
SEC. 2. IMMUNITY FROM ANTITRUST LAWS.
The Charitable Gift Annuity Antitrust Relief Act of 1995 (15 U.S.C.
37 et seq.) is amended--
(1) by amending section 2 to read as follows:
``SEC. 2. IMMUNITY FROM ANTITRUST LAWS.
``(a) Inapplicability of Antitrust Laws.--Except as provided in
subsection (d), the antitrust laws, and any State law similar to any of
the antitrust laws, shall not apply to charitable gift annuities or
charitable remainder trusts.
``(b) Immunity.--Except as provided in subsection (d), any person
subjected to any legal proceeding for damages, injunction, penalties,
or other relief of any kind under the antitrust laws, or any State law
similar to any of the antitrust laws, on account of setting or agreeing
to rates of return or other terms for, negotiating, issuing,
participating in, implementing, or otherwise being involved in the
planning, issuance, or payment of charitable gift annuities or
charitable remainder trusts shall have immunity from suit under the
antitrust laws, including the right not to bear the cost, burden, and
risk of discovery and trial, for the conduct set forth in this
subsection.
``(c) Treatment of Certain Annuities and Trusts.--Any annuity
treated as a charitable gift annuity, or any trust treated as a
charitable remainder trust, either--
``(1) in any filing by the donor with the Internal Revenue
Service; or
``(2) in any schedule, form, or written document provided by or
on behalf of the donee to the donor;
shall be conclusively presumed for the purposes of this Act to be
respectively a charitable gift annuity or a charitable remainder trust,
unless there has been a final determination by the Internal Revenue
Service that, for fraud or otherwise, the donor's annuity or trust did
not qualify respectively as a charitable gift annuity or charitable
remainder trust when created.
``(d) Limitation.--Subsections (a) and (b) shall not apply with
respect to the enforcement of a State law similar to any of the
antitrust laws, with respect to charitable gift annuities, or
charitable remainder trusts, created after the State enacts a statute,
not later than December 8, 1998, that expressly provides that
subsections (a) and (b) shall not apply with respect to such charitable
gift annuities and such charitable remainder trusts.''; and
(2) in section 3--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
(C) by inserting after paragraph (1), as so redesignated,
the following:
``(2) Charitable remainder trust.--The term `charitable
remainder trust' has the meaning given it in section 664(d) of the
Internal Revenue Code of 1986 (26 U.S.C. 664(d)).'';
(D) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(E) by inserting after paragraph (3) the following:
``(4) Final determination.--The term `final determination'
includes an Internal Revenue Service determination, after
exhaustion of donor's and donee's administrative remedies,
disallowing the donor's charitable deduction for the year in which
the initial contribution was made because of the donee's failure to
comply at such time with the requirements of section 501(m)(5) or
664(d), respectively, of the Internal Revenue Code of 1986 (26
U.S.C. 501(m)(5), 664(d)).''.
SEC. 3. APPLICATION OF ACT.
This Act, and the amendments made by this Act, shall apply with
respect to all conduct occurring before, on, or after the date of the
enactment of this Act and shall apply in all administrative and
judicial actions pending on or commenced after the date of the
enactment of this Act.
SEC. 4. STUDY AND REPORT.
(a) Study and Report.--The Attorney General shall carry out a study
to determine the effect of this Act on markets for noncharitable
annuities, charitable gift annuities, and charitable remainder trusts.
The Attorney General shall prepare a report summarizing the results of
the study.
(b) Details of Study and Report.--The report referred to in
subsection (a) shall include any information on possible inappropriate
activity resulting from this Act and any recommendations for
legislative changes, including recommendations for additional
enforcement resources.
(c) Submission of Report.--The Attorney General shall submit the
report referred to in subsection (a) to the Chairman and the ranking
member of the Committee on the Judiciary of the House of
Representatives, and to the Chairman and the ranking member of the
Committee on the Judiciary of the Senate, not later than 27 months
after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Charitable Donation Antitrust Immunity Act of 1997 - Amends the Charitable Gift Annuity Antitrust Relief Act of 1995 to make the antitrust laws and similar State laws inapplicable to charitable gift annuities or remainder trusts, except as provided under this Act.
Grants immunity from suits to persons subjected to legal proceedings for relief of any kind under Federal or State antitrust laws on account of being involved in the planning, issuance, or payment of such annuities or remainder trusts.
Presumes that annuities or trusts treated as charitable gift annuities or remainder trusts in filings with the Internal Revenue Service (IRS) or in written documents provided by or on behalf of the donee to the donor are charitable gift annuities or remainder trusts unless the IRS has made a final determination, for fraud or otherwise, that an annuity or trust did not qualify as such.
Makes immunity from antitrust laws under this Act inapplicable with respect to enforcement of a State law pertaining to such annuities or trusts created after the State enacts a statute, no later than December 8, 1998, that provides that such immunity is inapplicable.
Applies this Act retroactively to conduct occurring before, and administrative and judicial actions pending on, the enactment date.
Requires the Attorney General to carry out a study and report to the House and Senate Judiciary Committees on this Act's effect on markets for noncharitable annuities and charitable gift annuities and remainder trusts. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Immigration Litigation
Act of 2006''.
SEC. 2. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.
(a) Limitation on Civil Actions.--No court may certify an action as
a class action under Rule 23 of the Federal Rules of Civil Procedure in
any civil action filed after the date of the enactment of this Act
pertaining to the administration or enforcement of the immigration laws
of the United States.
(b) Requirements for Relief.--
(1) Prospective relief.--
(A) In general.--In the case that a court
determines that prospective relief should be ordered
against the Government in a civil action with respect
to the administration or enforcement of the immigration
laws of the United States, the court may order such
relief only if the following requirements are met:
(i) The court limits the relief to the
minimum necessary to correct the violation.
(ii) The relief is the least intrusive
means necessary to correct the violation.
(iii) The court minimizes, to the greatest
practical extent, any adverse impact on
national security, border security, immigration
administration and enforcement, and public
safety caused by the relief.
(iv) The court provides for the expiration
of the relief on a specific date which allows
for the minimum practical time needed to remedy
the violation.
(B) Written explanation required with court
order.--Each court order granting prospective relief
shall include in writing an explanation of how the
relief meets each requirement under subparagraph (A).
Such explanation must be sufficiently detailed to allow
review by another court.
(2) Duration of preliminary injunctive relief.--In the case
of prospective relief that is preliminary injunctive relief,
such preliminary injunctive relief shall automatically expire
on the date that is 90 days after its entry, unless the court
determines that the relief meets all legal requirements,
including those under paragraph (1)(A), for the entry of
prospective relief and makes the order for the prospective
relief involved final before expiration of the 90-day period.
(c) Procedure for Motions Affecting Prospective Relief Against the
Government.--
(1) In general.--A court shall promptly rule on any motion
by the Government to vacate, modify, dissolve, or otherwise
terminate an order granting prospective relief in a civil
action with respect to the administration or enforcement of the
immigration laws of the United States.
(2) Automatic stays.--
(A) In general.--A motion described in paragraph
(1), with respect to an order granting prospective
relief in a civil action described in such paragraph
shall automatically, and without further order of the
court, stay the order granting prospective relief
during the period beginning on the date that is 15 days
after the date on which such motion is filed and ending
on the date on which the court enters a final order
granting or denying the motion.
(B) Rule of construction.--A motion described in
paragraph (1) shall not operate as a stay under
subparagraph (A) if the court involved enters a final
order ruling on the motion before the first day of the
period described in subparagraph (A).
(C) Treatment of motions pending for not more than
45 days on date of enactment.--For purposes of this
subsection, a motion described in paragraph (1) that
was filed during the 45-day period before the date of
the enactment of this Act and for which the court has
not, as of such date of enactment, entered a final
order ruling on the motion shall be treated as if the
motion had been filed on such date of enactment.
(D) Treatment of motions pending for more than 45
days on date of enactment.--For purposes of this
subsection, a motion described in paragraph (1) that
was filed more than 45 days before the date of the
enactment of this Act and for which, as of the date
that is 10 days after such date of enactment, the court
involved has not entered a final order granting or
denying the motion, shall operate as an automatic stay
of the prospective relief, without further order of the
court. An automatic stay under this subparagraph shall
be effective beginning on such date that is 10 days
after the date of enactment and ending on the date on
which the court involved enters a final order granting
or denying the motion. The effective date of an
automatic stay under this subparagraph may not be
postponed under paragraph (3).
(3) Postponement of automatic stays.--The court may, for
good cause, enter an order to postpone the effective date of an
automatic stay under paragraph (2). No effective date of an
automatic stay under paragraph (2) may be postponed for more
than 15 days.
(4) Automatic stays during remands from higher courts.--
Whenever a higher court orders that a decision on a motion
subject to this section shall be remanded to a lower court, the
order granting prospective relief that is the subject of the
motion shall be automatically stayed until the district court
enters an order granting or denying the motion. The effective
date of an automatic stay under this subparagraph may not be
postponed under paragraph (3).
(5) Orders blocking automatic stays.--Any order staying,
suspending, delaying, or otherwise barring the effective date
of an automatic stay under this subsection, other than an order
to postpone the effective date under paragraph (3), shall be
treated as an order refusing to vacate, modify, dissolve, or
otherwise terminate an injunction and immediately shall be
appealable pursuant to section 1292(a)(1) of title 28, United
States Code.
(6) Requirements for order denying motion.--Subsection (b)
shall apply to an order entered by a court to deny a motion
described in paragraph (1) in the same manner that such
subsection applies to a grant of prospective relief under such
subsection.
(d) Rules for Prospective Relief Affecting Expedited Removal.--
(1) In general.--Notwithstanding any other provision of law
(statutory or nonstatutory), including section 2241 of Title
28, United States Code, or any other habeas provision, and
sections 1361 and 1651 of such title, no court has jurisdiction
to grant or continue an order or part of an order granting
prospective relief if the order or part of the order interferes
with, affects, or impacts any determination pursuant to, or the
implementation of, section 235(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)(1)).
(2) Determination of continuing jurisdiction.--Upon the
Government's filing of a motion to vacate, modify, dissolve, or
otherwise terminate an order granting prospective relief in a
civil action described in subsection (b)(1)(A), the court
involved shall promptly determine whether it continues to have
jurisdiction and shall promptly vacate any order or part of an
order granting prospective relief that is not within the
jurisdiction of the court.
(3) Safe harbor for continuing prospective relief to remedy
violation of constitutional rights.--Paragraphs (1) and (2)
shall not apply to an order granting prospective relief in a
civil action described in subsection (b)(1)(A) to the extent
that the order was entered before the date of the enactment of
this Act and the prospective relief is necessary to remedy the
violation of a right guaranteed by the Constitution of the
United States.
(e) Settlements.--
(1) Consent decrees.--In any civil action with respect to
the administration or enforcement of the immigration laws of
the United States, the court involved shall not enter, approve,
or continue a consent decree unless the decree complies with
the requirements under clauses (i) through (iv) of subparagraph
(A) of subsection (b)(1) and includes the written explanation
required under subparagraph (B) of such subsection.
(2) Private settlement agreements.--Nothing in this
subsection shall preclude parties from entering into a private
settlement agreement that does not comply with the requirements
under clauses (i) through (iv) of subparagraph (A) of
subsection (b)(1) or that does not include the written
explanation required under subparagraph (B) of such subsection.
(f) Expedited Proceedings.--Each court shall take measures to
advance on the docket and to expedite the disposition of any civil
action described in subsection (b)(1)(A) or motion described in
subsection (c) or (d).
(g) Definitions.--For purposes of this section:
(1) Consent decree.--The term ``consent decree'' means any
relief entered by a court that is based in whole or in part on
the consent or acquiescence of the parties involved but does
not include private settlements.
(2) Good cause.--The term ``good cause'' does not include
any cause related to discovery or congestion of the court's
calendar.
(3) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal agent
or official acting within the scope of official duties.
(4) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(5) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into among
the parties involved that is not subject to judicial
enforcement other than the reinstatement of the civil
proceedings that the agreement settled.
(6) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
SEC. 3. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is found to be unconstitutional, the
remainder of this Act and the application of the provisions of such
remainder of this Act to any person or circumstance shall not be
affected by such finding.
SEC. 4. EFFECTIVE DATE.
Except as otherwise provided under section 2(a), the provisions of
this Act shall apply to all orders granting prospective relief entered
by a court before, on, or after the date of the enactment of this Act. | Fairness in Immigration Litigation Act of 2006 - Prohibits any court from certifying an action as a class action under Rule 23 of the Federal Rules of Civil Procedure in any civil immigration action.
Sets forth the requirements under which a court may order prospective relief in such an action. Provides that preliminary injunctive relief shall expire 90 days after entry unless otherwise determined by the court.
Requires a court to promptly rule on any government motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil immigration action. Provides for an automatic 15-day stay of the prospective relief order. Authorizes a court to enter an order to postpone for up to 15 days the effective date of an automatic stay.
Provides that: (1) whenever a higher court remands a decision on a motion to a lower court the order granting prospective relief that is the subject of the motion shall be automatically stayed until the district court grants or denies such motion; and (2) any order staying, suspending, delaying, or otherwise barring the effective date of an automatic stay, other than an order to postpone the effective date, shall be treated as an order refusing to vacate, modify, dissolve, or otherwise terminate an injunction and shall be appealable.
States that: (1) no court has jurisdiction to grant or continue an order affecting an expedited removal action against an alien; (2) upon the government's filing of a motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil immigration action, the court involved shall determine whether it continues to have jurisdiction and shall vacate any order or part of a relief order that is not within its jurisdiction; and (3) sections (1) and (2) of this paragraph shall not apply to a relief order that was entered before the date of the enactment of this Act to remedy a violation of constitutional rights.
Sets forth consent decree and private settlement agreement provisions. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening of FDA Integrity Act
of 2008''.
SEC. 2. DEBARMENT.
(a) Application to Drugs, Biological Products, and Devices.--The
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended--
(1) in section 201, by amending subsection (dd) to read as
follows:
``(dd) The term `drug product'--
``(1) for purposes of sections 306 and 307, means a drug
subject to regulation under section 505, 512, or 802 of this
Act or under section 351 of the Public Health Service Act; and
``(2) for purposes of section 306, includes a device
subject to regulation under section 513 of this Act.''; and
(2) in section 306--
(A) by striking the term ``an abbreviated drug
application'' each place such term appears and
inserting ``a covered application'';
(B) by striking the terms ``abbreviated drug
application'' and ``abbreviated drug applications''
each place either such term appears and inserting
``covered application'' and ``covered applications'',
respectively;
(C) by striking the term ``drug product
application'' each place such term appears and
inserting ``covered application'';
(D) in the heading of subsections (a) and (b), by
striking ``Certain Drug Applications'' and inserting
``Certain Drug Product Applications'';
(E) in subsection (b)(2)(B)(i), by striking ``the
process for the regulation of drugs'' and inserting
``the process for the regulation of drug products'';
(F) in subsection (d)(4)(B)(ii), by striking ``of
any drug subject to sections 505'' and inserting ``of
any drug product'';
(G) in subsections (b)(2)(A), (b)(2)(B)(iv),
(c)(3)(C), (c)(3)(E), (d)(3)(A)(ii)(II), (d)(3)(B)(ii),
(d)(4)(B)(iv), (d)(4)(D)(ii), (f)(1)(B)(ii), (g), and
(h), by striking the terms ``drug'' and ``drugs'' each
place either such term appears and inserting ``drug
product'' and ``drug products'', respectively; and
(H) by adding at the end the following:
``(n) Covered Application Defined.--In this section, the term
`covered application' means--
``(1) an application for approval or licensure of a drug
under section 505 of this Act or section 351 of the Public
Health Service Act, respectively; or
``(2) an application for clearance or approval of a device
under section 510(k) or 515 of this Act, respectively.''.
(b) Mandatory Debarment.--Paragraph (1) of section 306(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(a)) is amended to
read as follows:
``(1) Corporations, partnerships, and associations.--If the
Secretary finds that a person other than an individual has been
convicted, after May 13, 1992, of a felony under Federal law
for conduct--
``(A) relating to the development or approval,
including the process for development or approval, of
any drug product, or
``(B) otherwise relating to the regulation of any
drug product under this Act or subpart 1 of part F of
title III of the Public Health Service Act,
the Secretary shall debar such person from submitting, or
assisting in the submission of, any covered application.''.
(c) Permissive Debarment.--Section 306(b)(2) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 335a(b)(2)) is amended--
(1) in subparagraph (A)(i), by amending subclause (I) to
read as follows:
``(I) relates to the development or
approval, including the process for
development or approval, of any drug
product or otherwise relates to the
regulation of drug products under this
Act or subpart 1 of part F of title III
of the Public Health Service Act,
and'';
(2) in subparagraph (B)--
(A) by striking clauses (ii) and (iii); and
(B) by redesignating clause (iv) as clause (ii);
and
(3) by adding at the end the following:
``(C) Bribery, fraud, and other such crimes.--Any
person (including any individual) whom the Secretary
finds has been convicted of--
``(i) a felony which is not described in
paragraph (1) or (2) of subsection (a) or in
subparagraph (A) or (B)(i) of this subsection
and which involves bribery, payment of illegal
gratuities, fraud, perjury, false statement,
racketeering, blackmail, extortion,
falsification or destruction of records, or
interference with or obstruction of an
investigation into, or prosecution of, any
criminal offense, or
``(ii) a conspiracy to commit, or aiding or
abetting such felony,
if the Secretary finds, on the basis of the conviction
of such person and other information, that such person
has demonstrated a pattern of conduct sufficient to
find that there is reason to believe that such person
may violate requirements under this Act or subpart 1 of
part F of title III of the Public Health Service Act
relating to drug products.
``(D) Material participation.--Any person
(including any individual) whom the Secretary finds
materially participated in acts that were the basis for
a conviction for an offense described in paragraph (1)
or (2) of subsection (a) or in subparagraph (A),
(B)(i), or (C) of this subsection for which a
conviction was obtained, if the Secretary finds, on the
basis of such participation and other information, that
such individual has demonstrated a pattern of conduct
sufficient to find that there is reason to believe that
such person may violate requirements under this Act or
subpart 1 of part F of title III of the Public Health
Service Act relating to drug products.''.
(d) Additional Debarment Consideration.--Paragraph (3) of
subsection (c) of section 306 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 335a(c)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(G) whether debarment of the person will affect
the public health because sufficient quantities of the
drug product would not be available.''.
(e) Effective Dates.--Paragraph (2) of section 306(l) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a(l)) is amended by
striking the phrase ``occurred more than 5 years before'' each place
such phrase appears and inserting ``occurred more than 1 year before''.
(f) Annual Report.--Section 306 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 335a) is amended by adding at the end the
following:
``(o) Annual Report.--Each year, the Secretary shall submit a
report to the Congress on implementation of this section. Each such
report shall identify--
``(1) debarment proceedings mandated under subsection (a)
or (m);
``(2) debarment proceedings initiated under subsection (a),
(b), or (m);
``(3) the status of debarment proceedings so initiated or
pending from a previous year;
``(4) debarments imposed under this section; and
``(5) debarments declined under this section.''.
(g) Conforming Amendments.--Section 306 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 335a) is amended--
(1) in subsections (a)(2)(B) and (h)(1)(A), by striking
``this Act'' and inserting ``this Act or subpart 1 of part F of
title III of the Public Health Service Act'';
(2) in subsection (b)(2)(A)(i)(II), by striking ``the date
of the enactment of this section'' and inserting ``May 13,
1992'';
(3) in subsection (b)(4), by striking ``clause (iii) or
(iv) of paragraph (2)(B)'' and inserting ``subparagraph (B)(ii)
or (D) of paragraph (2)'';
(4) in subsection (c)(1)(A), by striking ``subsection
(a)(1) or (b)(2)(A)'' and inserting ``subsection (a)(1) or
(b)(1)(A)'';
(5) in subsection (c)(1)(B), by striking ``subsection
(a)(2) or (b)(2)(B)'' and inserting ``subsection (a)(2) or
(b)(1)(B)'';
(6) in subsection (d)(3)(A)(i), by striking ``or paragraph
(2)(A) or (3) of subsection (b)'' and inserting ``subparagraph
(A) or (C) of subsection (b)(1)'';
(7) in subsection (d)(3)(B)(i), by striking ``clause (i),
(ii), (iii), or (iv) of subsection (b)(2)(B) or subsection
(b)(3)'' and inserting ``subparagraph (B) or (C) of subsection
(b)(1)'';
(8) in subsection (d)(3)(B)(ii), by striking ``under
subsection (b)(2)(B) or subsection (b)(3)'' and inserting
``under subparagraph (B) or (C) of subsection (b)(1)'';
(9) in subsection (j)(2), by striking ``clause (iii) or
(iv) of subsection (b)(2)(B)'' and inserting ``subparagraph
(B)(ii) or (D) of subsection (b)(2)''; and
(10) in subsection (l)(2)--
(A) by striking ``clauses (i) and (ii) of
subsection (b)(2)(B)'' and inserting ``subparagraphs
(B)(i) and (C) of subsection (b)(2)'';
(B) by striking ``Clauses (iii) and (iv) of
subsection (b)(2)(B)'' and inserting ``Subparagraphs
(B)(ii) and (D) of subsection (b)(2)''; and
(C) by striking ``Clause (iv) of subsection
(b)(2)(B)'' and inserting ``Subparagraph (B)(ii) of
subsection (b)(2)''. | Strengthening of FDA Integrity Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to apply debarment provisions currently applicable to abbreviated new drugs to any drug products, including new drugs, animal drugs, exported drugs, biological products, and medical devices.
Expands the conditions under which persons (i.e., partnerships, corporations, and associations) are subject to mandatory and permissive debarment preventing such persons from submitting an application for approval of a drug product.
Requires the Secretary of Health and Human Services, in determining the appropriateness and the period of debarment, to consider whether debarment will affect the public health because sufficient quantities of the drug would not be available.
Requires the Secretary to annually report to Congress on the implementation of debarment provisions. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stark Administrative Simplification
Act of 2015''.
SEC. 2. ALTERNATIVE SANCTIONS FOR TECHNICAL NONCOMPLIANCE WITH STARK
RULE UNDER MEDICARE.
Section 1877(g) of the Social Security Act (42 U.S.C. 1395nn(g)) is
amended--
(1) in paragraph (1), by striking ``No'' and inserting
``Subject to paragraph (7), no'';
(2) in paragraph (2), by striking ``If'' and inserting
``Subject to paragraph (7), if'';
(3) in paragraph (3), by striking ``Any'' and inserting
``Subject to paragraph (7), any''; and
(4) by adding at the end the following new paragraph:
``(7) Alternative sanctions for technical noncompliance.--
``(A) Single penalty for compensation arrangements
in technical noncompliance.--In the case of a
compensation arrangement between a physician (or an
immediate family member of such physician) and a person
or entity that is in violation of subsection (a)(1)
solely due to technical noncompliance, instead of the
sanctions described in paragraphs (1), (2), and (3) for
any such violation, the person or entity with respect
to such arrangement shall be subject to a single civil
monetary penalty under this paragraph in an amount that
does not exceed--
``(i) in the case where the disclosure of
the violation is submitted to the Secretary not
later than the date that is one year after the
initial date of noncompliance, $5,000; and
``(ii) in the case where the disclosure of
the violation is submitted to the Secretary
after the date that is one year after the
initial date of noncompliance, $10,000.
``(B) Acceptance of voluntary disclosures.--
``(i) In general.--Effective on the date of
the enactment of this paragraph, the Secretary
shall accept the voluntary disclosure of a
technically noncompliant compensation
arrangement if such voluntary disclosure is
made as described in clause (iii). The
Secretary may accept and reasonably rely on
information provided by a person or entity that
is in violation of subsection (a)(1) only
because of a compensation arrangement that is
technically noncompliant.
``(ii) Acceptance of disclosure.--The
Secretary may reject any voluntary disclosure
submitted under clause (iii) within 90 days
after the receipt of the disclosure only if the
Secretary determines that the disclosure does
not conform to the requirements described in
clause (iii). If the Secretary fails to reject
a voluntary disclosure within such 90-day
period, the voluntary disclosure is deemed to
be accepted.
``(iii) Voluntary disclosure.--A voluntary
disclosure described in this clause, with
respect to a compensation arrangement, is a
disclosure submitted to the Secretary, by a
party to such arrangement that contains the
following:
``(I) The identification of the
disclosing party and all other parties
to the disclosed compensation
arrangement.
``(II) A description of the
compensation paid under the arrangement
and the dates of noncompliance.
``(III) A certification by the
disclosing party that the compensation
arrangement--
``(aa) is technically
noncompliant (as defined by
subparagraph (C));
``(bb) has been cured of
the technical noncompliance, or
is otherwise terminated; and
``(cc) is, in the case of
technical noncompliance under
subparagraph (C)(i), a valid
contract under State law, an
arrangement consistent with
fair market value, and one in
which remuneration under the
arrangement is not determined
in a manner that takes into
account directly or indirectly
the volume or value of any
referrals.
``(IV) Payment for the full amount
of the civil monetary penalty under
clause (i) or (ii), as applicable, of
subparagraph (A).
``(C) Definition technical noncompliance.--For
purposes of this paragraph, the term `technical
noncompliance' means an arrangement that is in
violation of subsection (a)(1) only because--
``(i) the arrangement is not set forth in
writing;
``(ii) the arrangement is not signed by 1
or more parties to the arrangement; or
``(iii) a prior arrangement expired and
services continued without the execution of an
amendment to such arrangement or a new
arrangement.
``(D) Applicability to pre-enactment disclosures to
relieve backlog.--The Secretary shall provide for the
application of this paragraph to any technically
noncompliant compensation arrangement that has been
disclosed, and to which there has not been a final
settlement as of the date of enactment of this
paragraph.
``(E) Report.--Not later than 24 months after the
date of enactment of this paragraph, the Inspector
General of the Department of Health and Human Services
shall submit to Congress a report on the implementation
of this paragraph. Such report shall include--
``(i) the number of persons or entities
making disclosures of technical noncompliance
under this paragraph;
``(ii) the amount and type of alternative
sanctions collected or imposed for technical
noncompliance;
``(iii) the types of violations disclosed;
and
``(iv) such other information as the
Inspector General determines may be necessary
to evaluate the impact of this paragraph.''. | Stark Administrative Simplification Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to prescribe a single civil monetary penalty as an alternative sanction to those already established for compensation arrangements between a physician (or an immediate family member) and a person or entity that is in violation of the limitation on certain physician referrals (Stark Law) solely due to technical noncompliance. (The Stark law, or Stark Rule, prohibits physician referrals of certain health services for Medicare and Medicaid patients to a specified entity if the physician, or an immediate family member, has a financial relationship with that entity.) Requires the Secretary of Health and Human Services to accept the voluntary disclosure of a technically noncomplaint compensation arrangement by a person or entity in violation of the Stark Law under certain circumstances. | billsum_train |
Provide a summary of the following text: SECTION 1. OVERSIGHT OF BROKERS AND DEALERS.
(a) Definitions.--Title I of the Sarbanes-Oxley Act of 2002 is
amended by adding at the end the following new section:
``SEC. 110. DEFINITIONS.
``For the purposes of this title, and notwithstanding section 2:
``(1) Audit.--The term `audit' means an examination of the
financial statements of any issuer, broker, or dealer by an
independent public accounting firm in accordance with the rules
of the Board or the Commission (or, for the period preceding
the adoption of applicable rules of the Board under section
103, in accordance with then-applicable generally accepted
auditing and related standards for such purposes), for the
purpose of expressing an opinion on such statements.
``(2) Audit report.--The term `audit report' means a
document or other record--
``(A) prepared following an audit performed for
purposes of compliance by an issuer, broker, or dealer
with the requirements of the securities laws; and
``(B) in which a public accounting firm either--
``(i) sets forth the opinion of that firm
regarding a financial statement, report, or
other document; or
``(ii) asserts that no such opinion can be
expressed.
``(3) Professional standards.--The term `professional
standards' means--
``(A) accounting principles that are--
``(i) established by the standard setting
body described in section 19(b) of the
Securities Act of 1933, as amended by this Act,
or prescribed by the Commission under section
19(a) of that Act (15 U.S.C. 17a(s)) or section
13(b) of the Securities Exchange Act of 1934
(15 U.S.C. 78a(m)); and
``(ii) relevant to audit reports for
particular issuers, brokers, or dealers, or
dealt with in the quality control system of a
particular registered public accounting firm;
and
``(B) auditing standards, standards for attestation
engagements, quality control policies and procedures,
ethical and competency standards, and independence
standards (including rules implementing title II) that
the Board or the Commission determines--
``(i) relate to the preparation or issuance
of audit reports for issuers, brokers, or
dealers; and
``(ii) are established or adopted by the
Board under section 103(a), or are promulgated
as rules of the Commission.
``(4) Broker.--The term `broker' means a broker (as such
term is defined in section 3(a)(4) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)(4))) that is required to file a
balance sheet, income statement, or other financial statement
under section 17(e)(1)(A) of such Act (15 U.S.C. 78q(e)(1)(A)),
where such balance sheet, income statement, or financial
statement is required to be certified by a registered public
accounting firm.
``(5) Dealer.--The term `dealer' means a dealer (as such
term is defined in section 3(a)(5) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)(5))) that is required to file a
balance sheet, income statement, or other financial statement
under section 17(e)(1)(A) of such Act (15 U.S.C. 78q(e)(1)(A)),
where such balance sheet, income statement, or financial
statement is required to be certified by a registered public
accounting firm.
``(6) Self-regulatory organization.--The term `self-
regulatory organization' has the same meaning as in section
3(a)(26) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(26)).''.
(b) Establishment and Administration of the Public Company
Accounting Oversight Board.--Section 101 of such Act is amended--
(1) by striking ``issuers'' each place it appears and
inserting ``issuers, brokers, and dealers'';
(2) in subsection (a), by striking ``public companies'' and
inserting ``companies''; and
(3) in subsection (a), by striking ``for companies the
securities of which are sold to, and held by and for, public
investors''.
(c) Registration With the Board.--Section 102 of such Act is
amended--
(1) by striking ``Beginning 180 days after the date of the
determination of the Commission under section 101(d), it'' and
inserting ``It'';
(2) in subsections (a) and (b)(2)(G), by striking
``issuer'' each place it appears and inserting ``issuer,
broker, or dealer''; and
(3) by striking ``issuers'' and inserting ``issuers,
brokers, and dealers''.
(d) Auditing and Independence.--Section 103(a) of such Act is
amended--
(1) in paragraph (1), by striking ``and such ethics
standards'' and inserting ``such ethics standards, and such
independence standards'';
(2) in paragraph (2)(A)(iii), by striking ``describe in
each audit report'' and inserting ``in each audit report for an
issuer, describe''; and
(3) in paragraph (2)(B)(i), by striking ``issuers'' and
inserting ``issuers, brokers, and dealers''.
(e) Inspections of Registered Public Accounting Firms.--Section 104
of such Act is amended--
(1) in subsection (a), by striking ``issuers'' and
inserting ``issuers, brokers, and dealers'';
(2) in subsection (b)(1)(A), by inserting before the
semicolon the following ``or more than 100 brokers and
dealers''; and
(3) in subsection (b)(1)(B), by striking ``100 or fewer
issuers'' and inserting ``issuers, brokers, or dealers, but is
not described in subparagraph (A)''.
(f) Investigations and Disciplinary Proceedings.--Section
105(c)(7)(B) of such Act is amended--
(1) by striking ``any issuer'' each place it appears and
inserting ``any issuer, broker, or dealer''; and
(2) by striking ``an issuer under this subsection'' and
inserting ``a registered public accounting firm under this
subsection''.
(g) Foreign Public Accounting Firms.--Section 106 of such Act is
amended--
(1) by striking ``issuer'' and inserting ``issuer, broker,
or dealer''; and
(2) by striking ``issuers'' and inserting ``issuers,
brokers, or dealers''.
(h) Funding.--Section 109 of such Act is amended--
(1) in subsection (c)(2), by striking ``subsection (i)''
and inserting ``subsection (j)'';
(2) in subsection (d)(2), by striking ``allowing for
differentiation among classes of issuers, as appropriate'' and
inserting ``and among brokers and dealers that are not issuers,
in accordance with subsection (h), and allowing for
differentiation among classes of issuers and brokers and
dealers, as appropriate'';
(3) by redesignating subsections (h), (i), and (j) as
subsections (i), (j), and (k), respectively; and
(4) by inserting after subsection (g) the following new
subsection:
``(h) Allocation of Accounting Support Fees Among Brokers and
Dealers.--
``(1) In general.--Any amount due from brokers and dealers
that are not issuers (or a particular class of such brokers and
dealers) under this section to fund the budget of the Board
shall be allocated among and payable by such brokers and
dealers (or such brokers and dealers in a particular class, as
applicable). A broker or dealer's allocation shall be in
proportion to the broker or dealer's net capital compared to
the total net capital of all brokers and dealers that are not
issuers, in accordance with the rules of the Board.
``(2) Obligation to pay.--Every broker or dealer shall pay
the share of a reasonable annual accounting support fee or fees
allocated to such broker or dealer under this section.''.
(i) Referral of Investigations to a Self-Regulatory Organization.--
Section 105(b)(4)(B) of the Sarbanes-Oxley Act of 2002 is amended--
(1) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(2) by inserting after clause (i) the following new clause:
``(ii) to a self-regulatory organization,
in the case of an investigation that concerns
an audit report for a broker or dealer that is
subject to the jurisdiction of such self-
regulatory organization;''.
(j) Use of Documents Related to an Inspection or Investigation.--
Section 105(b)(5)(B)(ii) of such Act is amended--
(1) in subclause (III), by striking ``and'';
(2) in subclause (IV), by striking the comma and inserting
``; and''; and
(3) by inserting after subclause (IV) the following new
subclause:
``(V) a self-regulatory
organization, with respect to an audit
report for a broker or dealer that is
subject to the jurisdiction of such
self-regulatory organization,''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days after
the date of the enactment of this Act. | Amends the Sarbanes-Oxley Act of 2002 to extend the regulatory jurisdiction of the Public Company Accounting Oversight Board to audit reports prepared by a domestic registered or foreign public accounting firm regarding issuers, brokers and dealers, and any companies subject to securities laws (currently only issuers and public companies).
Directs the Board to: (1) establish standards for independence to be used by a registered public accounting firm; and (2) conduct annual inspections to assess compliance of each registered public accounting firm that regularly provides audit reports for more than 100 brokers and dealers.
Declares it shall be unlawful for any person that is suspended or barred from being associated with a registered public accounting firm to willfully become, or remain associated with any broker or dealer (as well as, under current law, any issuer) in an accountancy or financial management capacity.
Prescribes a formula for mandatory allocation among non-issuer brokers and dealers of accounting support fees due from them to fund the budget of the Board.
Authorizes the Board to: (1) refer an investigation to a self-regulatory organization if the investigation concerns an audit report for a broker or dealer subject to the organization's jurisdiction; and (2) make available to the organization documents or information related to such an investigation or an inspection. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This bill shall be called the ``National Petroleum Reserve Alaska
Access Act''.
SEC. 2. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE
NATIONAL PETROLEUM RESERVE IN ALASKA.
It is the sense of Congress that--
(1) the National Petroleum Reserve in Alaska remains
explicitly designated, both in name and legal status, for
purposes of providing oil and natural gas resources to the
United States; and
(2) accordingly, the national policy is to actively advance
oil and gas development within the Reserve by facilitating the
expeditious exploration, production, and transportation of oil
and natural gas from and through the Reserve.
SEC. 3. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.
Section 107(a) of the Naval Petroleum Reserves Production Act of
1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
``(a) In General.--The Secretary shall conduct an expeditious
program of competitive leasing of oil and gas in the reserve in
accordance with this Act. Such program shall include at least one lease
sale annually in those areas of the reserve most likely to produce
commercial quantities of oil and natural gas each year in the period
2011 through 2021.''.
SEC. 4. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND PERMITTING
PIPELINE AND ROAD CONSTRUCTION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior, in consultation with the Secretary of
Transportation, shall facilitate and ensure permits, in an
environmentally responsible manner, for all surface development
activities, including for the construction of pipelines and roads,
necessary to--
(1) develop and bring into production any areas within the
National Petroleum Reserve in Alaska that are subject to oil
and gas leases; and
(2) transport oil and gas from and through the National
Petroleum Reserve in Alaska to existing transportation or
processing infrastructure on the North Slope of Alaska.
(b) Timeline.--The Secretary shall ensure that any Federal
permitting agency shall issue permits in accordance with the following
timeline:
(1) Permits for such construction for transportation of oil
and natural gas produced under existing Federal oil and gas
leases with respect to which the Secretary has issued a permit
to drill shall be approved within 60 days after the date of
enactment of this Act.
(2) Permits for such construction for transportation of oil
and natural gas produced under Federal oil and gas leases shall
be approved within 6 months after the submission to the
Secretary of a request for a permit to drill.
(c) Plan.--To ensure timely future development of the Reserve,
within 270 days after the date of the enactment of this Act, the
Secretary of the Interior shall submit to Congress a plan for approved
rights-of-way for a plan for pipeline, road, and any other surface
infrastructure that may be necessary infrastructure that will ensure
that all leasable tracts in the Reserve are within 25 miles of an
approved road and pipeline right-of-way that can serve future
development of the Reserve.
SEC. 5. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.
(a) In General.--The Secretary of the Interior shall issue
regulations within 180 days after the date of enactment of this Act
that establish clear requirements to ensure that the Department of the
Interior is supporting development of oil and gas leases in the
National Petroleum Reserve in Alaska.
(b) Deadlines.--At a minimum, the regulations shall--
(1) require the Department to respond within 5 business
days acknowledging receipt of any permit application for such
development; and
(2) establish a timeline for the processing of each such
application, that--
(A) specifies deadlines for decisions and actions
on permit applications; and
(B) provide that the period for issuing each permit
after submission of such an application shall not
exceed 60 days without the concurrence of the
applicant.
(c) Actions Required for Failure To Comply With Deadlines.--If the
Department fails to comply with any deadline under subsection (b) with
respect to a permit application, the Secretary shall notify the
applicant every 5 days with specific information regarding the reasons
for the permit delay, the name of the specific Department office or
offices responsible for issuing the permit and for monitoring the
permit delay, and an estimate of the time that the permit will be
issued.
SEC. 6. UPDATED RESOURCE ASSESSMENT.
(a) In General.--The Secretary of the Interior shall complete a
comprehensive assessment of all technically recoverable fossil fuel
resources within the National Petroleum Reserve in Alaska, including
all conventional and unconventional oil and natural gas.
(b) Cooperation and Consultation.--The resource assessment required
by subsection (a) shall be carried out by the United States Geological
Survey in cooperation and consultation with the State of Alaska and the
American Association of Petroleum Geologists.
(c) Timing.--The resource assessment required by subsection (a)
shall be completed within 24 months of the date of the enactment of
this Act.
(d) Funding.--The United States Geological Survey may, in carrying
out the duties under this section, cooperatively use resources and
funds provided by the State of Alaska. | National Petroleum Reserve Alaska Access Act - (Sec. 2) Expresses the sense of Congress that: (1) the National Petroleum Reserve (NPR) in Alaska remains explicitly designated to provide oil and natural gas resources to the United States, and (2) it is national policy to actively advance oil and gas development within the NPR.
(Sec. 3) Amends the Naval Petroleum Reserves Production Act of 1976 to require the mandatory program of competitive leasing of oil and gas in the NPR to include at least one lease sale annually in those areas of the NPR most likely to produce commercial quantities of oil and natural gas each year in the period 2011-2021.
(Sec. 4) Directs the Secretary of the Interior to ensure permits, according to a specified timeline, for all surface development activities, including pipelines and roads construction to: (1) develop and bring into production any areas within the NPR that are subject to oil and gas leases; and (2) transport oil and gas from and through the NPR to existing transportation or processing infrastructure on the North Slope of Alaska.
(Sec. 5) Instructs the Secretary to issue regulations establishing clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the NPR.
(Sec. 6) Requires the Secretary to assess all technically recoverable fossil fuel resources within the NPR, including all conventional and unconventional oil and natural gas.
Requires the resource assessment to be implemented by the U.S. Geological Survey, which is authorized to use resources and funds provided by the state of Alaska. | billsum_train |
Make a summary of the following text: SECTION 1. PROCEDURAL REQUIREMENTS FOR CIVILIAN AGENCIES RELATING TO
PRODUCTS OF FEDERAL PRISON INDUSTRIES.
Title III of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the
following new section:
``SEC. 318. PRODUCTS OF FEDERAL PRISON INDUSTRIES: PROCEDURAL
REQUIREMENTS.
``(a) Market Research.--Before purchasing a product listed in the
latest edition of the Federal Prison Industries catalog under section
4124(d) of title 18, United States Code, the head of an executive
agency shall conduct market research to determine whether the Federal
Prison Industries product is comparable to products available from the
private sector that best meet the executive agency's needs in terms of
price, quality, and time of delivery.
``(b) Competition Requirement.--If the head of the executive agency
determines that a Federal Prison Industries product is not comparable
in price, quality, or time of delivery to products available from the
private sector that best meet the executive agency's needs in terms of
price, quality, and time of delivery, the agency head shall use
competitive procedures for the procurement of the product or shall make
an individual purchase under a multiple award contract. In conducting
such a competition or making such a purchase, the agency head shall
consider a timely offer from Federal Prison Industries.
``(c) Implementation by Head of Executive Agency.--The head of an
executive agency shall ensure that--
``(1) the executive agency does not purchase a Federal
Prison Industries product or service unless a contracting
officer of the agency determines that the product or service is
comparable to products or services available from the private
sector that best meet the agency's needs in terms of price,
quality, and time of delivery; and
``(2) Federal Prison Industries performs its contractual
obligations to the same extent as any other contractor for the
executive agency.
``(d) Market Research Determination Not Subject to Review.--A
determination by a contracting officer regarding whether a product or
service offered by Federal Prison Industries is comparable to products
or services available from the private sector that best meet an
executive agency's needs in terms of price, quality, and time of
delivery shall not be subject to review pursuant to section 4124(b) of
title 18.
``(e) Performance as a Subcontractor.--(1) A contractor or
potential contractor of an executive agency may not be required to use
Federal Prison Industries as a subcontractor or supplier of products or
provider of services for the performance of a contract of the executive
agency by any means, including means such as--
``(A) a contract solicitation provision requiring a
contractor to offer to make use of products or services of
Federal Prison Industries in the performance of the contract;
``(B) a contract specification requiring the contractor to
use specific products or services (or classes of products or
services) offered by Federal Prison Industries in the
performance of the contract; or
``(C) any contract modification directing the use of
products or services of Federal Prison Industries in the
performance of the contract.
``(2) In this subsection, the term ``contractor'', with respect to
a contract, includes a subcontractor at any tier under the contract.
``(f) Protection of Classified and Sensitive Information.--The head
of an executive agency may not enter into any contract with Federal
Prison Industries under which an inmate worker would have access to--
``(1) any data that is classified;
``(2) any geographic data regarding the location of--
``(A) surface and subsurface infrastructure
providing communications or water or electrical power
distribution;
``(B) pipelines for the distribution of natural
gas, bulk petroleum products, or other commodities; or
``(C) other utilities; or
``(3) any personal or financial information about any
individual private citizen, including information relating to
such person's real property however described, without the
prior consent of the individual.
``(g) Definitions.--In this section:
``(1) The term `competitive procedures' has the meaning
given such term in section 4(5) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(5)).
``(2) The term `market research' means obtaining specific
information about the price, quality, and time of delivery of
products available in the private sector through a variety of
means, which may include--
``(A) contacting knowledgeable individuals in
government and industry;
``(B) interactive communication among industry,
acquisition personnel, and customers; and
``(C) interchange meetings or pre-solicitation
conferences with potential offerors.''. | Amends the Federal Property and Administrative Services Act of 1949 to require the head of an executive agency: (1) before purchasing a product listed in the latest edition of the Federal Prison Industries (FPI) catalog, to conduct market research to determine whether the Industries' product is comparable to products available from the private sector that best meet the agency's needs in terms of price, quality, and time of delivery; and (2) if an FPI product is not comparable, to use competitive procedures for the procurement of the product or to make an individual purchase under a multiple award contract, considering any timely offer from FPI; and (3) to ensure that FPI performs its contractual obligations to the same extent as any other agency contractor..Prohibits: (1) a contractor or potential contractor of an agency from being required, by any means, to use FPI as a subcontractor or supplier of products or provider of services for the performance of an agency contract; or (2) an agency head from entering into a contract with FPI under which an inmate worker would have access to specified classified or sensitive information. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reward Innovation in America Act of
2010''.
SEC. 2. PRIZE COMPETITIONS.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is amended by adding at the end the following:
``SEC. 24. PRIZE COMPETITIONS.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means a Federal agency.
``(2) Federal agency.--The term `Federal agency' has the
meaning given under section 4, except that term shall not
include any agency of the legislative branch of the Federal
Government.
``(3) Head of an agency.--The term `head of an agency'
means the head of a Federal agency.
``(b) In General.--Each head of an agency may carry out a program
to award prizes competitively to stimulate innovation that has the
potential to advance the mission of the respective agency.
``(c) Prizes.--For purposes of this section, a prize may be one or
more of the following:
``(1) A point solution prize that rewards and spurs the
development of solutions for a particular, well-defined
problem.
``(2) An exposition prize that helps identify and promote a
broad range of ideas and practices that may not otherwise
attract attention, facilitating further development of the idea
or practice by third parties.
``(3) Participation prizes that create value during and
after the competition by encouraging contestants to change
their behavior or develop new skills that may have beneficial
effects during and after the competition.
``(4) Such other types of prizes as each head of an agency
considers appropriate to stimulate innovation that has the
potential to advance the mission of the respective agency.
``(d) Topics.--In selecting topics for prize competitions, the head
of an agency shall consult widely both within and outside the Federal
Government, and may empanel advisory committees.
``(e) Advertising.--The head of an agency shall widely advertise
each prize competition to encourage broad participation.
``(f) Requirements and Registration.--For each prize competition,
the head of an agency shall publish a notice in the Federal Register
announcing--
``(1) the subject of the competition;
``(2) the rules for being eligible to participate in the
competition;
``(3) the process for participants to register for the
competition;
``(4) the amount of the prize; and
``(5) the basis on which a winner will be selected.
``(g) Eligibility.--To be eligible to win a prize under this
section, an individual or entity--
``(1) shall have registered to participate in the
competition under any rules promulgated by the head of an
agency under subsection (f);
``(2) shall have complied with all the requirements under
this section;
``(3) in the case of a private entity, shall be
incorporated in and maintain a primary place of business in the
United States, and in the case of an individual, whether
participating singly or in a group, shall be a citizen or
permanent resident of the United States; and
``(4) may not be a Federal entity or Federal employee
acting within the scope of their employment.
``(h) Consultation With Federal Employees.--An individual or entity
shall not be deemed ineligible under subsection (g) because such
individual or entity used Federal facilities or consulted with Federal
employees during a competition if such facilities and employees are
made available to all individuals and entities participating in the
competition on an equitable basis.
``(i) Liability.--
``(1) In general.--
``(A) Definition.--In this paragraph, the term
`related entity' means a contractor or subcontractor at
any tier, and a supplier, user, customer, cooperating
party, grantee, investigator, or detailee.
``(B) Liability.--Registered participants shall be
required to agree to assume any and all risks and waive
claims against the Federal Government and its related
entities, except in the case of willful misconduct, for
any injury, death, damage, or loss of property,
revenue, or profits, whether direct, indirect, or
consequential, arising from their participation in a
competition, whether such injury, death, damage, or
loss arises through negligence or otherwise.
``(2) Insurance.--Participants shall be required to obtain
liability insurance or demonstrate financial responsibility, in
amounts determined by the head of an agency, for claims by--
``(A) a third party for death, bodily injury, or
property damage, or loss resulting from an activity
carried out in connection with participation in a
competition, with the Federal Government named as an
additional insured under the registered participant's
insurance policy and registered participants agreeing
to indemnify the Federal Government against third-party
claims for damages arising from or related to
competition activities; and
``(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
``(3) Exception.--The head of an agency may not require a
participant to waive claims against the administering entity
arising out of the unauthorized use or disclosure by the agency
of the intellectual property, trade secrets, or confidential
business information of the participant.
``(j) Intellectual Property.--
``(1) Prohibition on the government acquiring intellectual
property rights.--The Federal Government may not gain an
interest in intellectual property developed by a participant in
a competition without the written consent of the participant.
``(2) Licenses.--The Federal Government may negotiate a
license for the use of intellectual property developed by a
participant for a competition.
``(k) Judges.--
``(1) In general.--For each competition, the head of an
agency, either directly or through an agreement under
subsection (l), shall appoint one or more qualified judges to
select the winner or winners of the prize competition on the
basis described under subsection (f). Judges for each
competition may include individuals from outside the agency,
including from the private sector.
``(2) Restrictions.--A judge may not--
``(A) have personal or financial interests in, or
be an employee, officer, director, or agent of any
entity that is a registered participant in a
competition; or
``(B) have a familial or financial relationship
with an individual who is a registered participant.
``(3) Guidelines.--The heads of agencies who carry out
competitions under this section shall develop guidelines to
ensure that the judges appointed for such competitions are
fairly balanced and operate in a transparent manner.
``(4) Exemption from faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to any committee, board,
commission, panel, task force, or similar entity, created
solely for the purpose of judging prize competitions under this
section.
``(l) Administering the Competition.--The head of an agency may
enter into an agreement with a private, nonprofit entity to administer
a prize competition, subject to the provisions of this section.
``(m) Funding.--
``(1) In general.--Support for a prize competition under
this section, including financial support for the design and
administration of a prize or funds for a monetary prize purse,
may consist of Federal appropriated funds and funds provided by
the private sector for such cash prizes. The head of an agency
may accept funds from other Federal agencies to support such
competitions. The head of an agency may not give any special
consideration to any private sector entity in return for a
donation.
``(2) Availability of funds.--Notwithstanding any other
provision of law, funds appropriated for prize awards under
this section shall remain available until expended, and may be
transferred, reprogrammed, or expended for other purposes only
after the expiration of 10 fiscal years after the fiscal year
for which the funds were originally appropriated. No provision
in this section permits obligation or payment of funds in
violation of section 1341 of title 31, United States Code.
``(3) Amount of prize.--
``(A) Announcement.--No prize may be announced
under subsection (f) until all the funds needed to pay
out the announced amount of the prize have been
appropriated or committed in writing by a private
source.
``(B) Increase in amount.--The head of an agency
may increase the amount of a prize after an initial
announcement is made under subsection (f) only if--
``(i) notice of the increase is provided in
the same manner as the initial notice of the
prize; and
``(ii) the funds needed to pay out the
announced amount of the increase have been
appropriated or committed in writing by a
private source.
``(4) Limitation on amount.--
``(A) Notice to congress.--No prize competition
under this section may offer a prize in an amount
greater than $50,000,000 unless 30 days have elapsed
after written notice has been transmitted to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science and Technology
of the House of Representatives.
``(B) Approval of head of agency.--No prize
competition under this section may result in the award
of more than $1,000,000 in cash prizes without the
approval of the head of an agency.
``(n) General Service Administration Assistance.--Not later than
180 days after the date of the enactment of this Act, the General
Services Administration shall provide Government-wide services to share
best practices and assist agencies in developing guidelines for issuing
prize competitions. The General Services Administration shall develop a
contract vehicle to provide agencies access to relevant products and
services, including technical assistance in structuring and conducting
prize competitions to take maximum benefit of the marketplace as they
identify and pursue prize competitions to further the policy objectives
of the Federal Government.
``(o) Compliance With Existing Law.--The Federal Government shall
not, by virtue of offering or providing a prize under this section, be
responsible for compliance by registered participants in a prize
competition with Federal law, including licensing, export control, and
nonproliferation laws, and related regulations.
``(p) Annual Report.--
``(1) In general.--Not later than March 1 of each year, the
Director of the Office of Science and Technology Policy shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology of the House of Representatives a report on the
activities carried out during the preceding fiscal year under
the authority in subsection (b).
``(2) Information included.--The report for a fiscal year
under this subsection shall include, for each prize competition
under subsection (b), the following:
``(A) Proposed goals.--A description of the
proposed goals of each prize competition.
``(B) Preferable method.--An analysis of why the
utilization of the authority in subsection (b) was the
preferable method of achieving the goals described in
subparagraph (A) as opposed to other authorities
available to the agency, such as contracts, grants, and
cooperative agreements.
``(C) Amount of cash prizes.--The total amount of
cash prizes awarded for each prize competition,
including a description of amount of private funds
contributed to the program, the sources of such funds,
and the manner in which the amounts of cash prizes
awarded and claimed were allocated among the accounts
of the agency for recording as obligations and
expenditures.
``(D) Solicitations and evaluation of
submissions.--The methods used for the solicitation and
evaluation of submissions under each prize competition,
together with an assessment of the effectiveness of
such methods and lessons learned for future prize
competitions.
``(E) Resources.--A description of the resources,
including personnel and funding, used in the execution
of each prize competition together with a detailed
description of the activities for which such resources
were used and an accounting of how funding for
execution was allocated among the accounts of the
agency for recording as obligations and expenditures.
``(F) Results.--A description of how each prize
competition advanced the mission of the agency
concerned.''. | Reward Innovation in America Act of 2010 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to authorize each head of a federal agency (other than a legislative agency) to carry out a program to award prizes competitively to stimulate innovation that has the potential to advance the agency's mission, including: (1) point solution prizes that reward and spur the development of solutions for a particular, well-defined problem; (2) exposition prizes that help identify and promote a broad range of ideas and practices that may not otherwise attract attention, facilitating further development of the idea or practice by third parties; and (3) participation prizes that create value by encouraging contestants to change their behavior or develop new skills that may have beneficial effects during and after the competition. Requires the agency head to: (1) widely advertise each competition to encourage broad participation; and (2) publish notices of competitions in the Federal Register.
Prohibits the government from gaining an interest in intellectual property developed by a participant in a competition without the written consent of the participant, but authorizes the government to negotiate a license for the use of intellectual property developed by a participant.
Authorizes: (1) an agency head to enter into an agreement with a private, nonprofit entity to administer competitions; and (2) support for a competition to consist of federal appropriated funds and funds provided by the private sector for cash prizes. Prohibits a prize from being announced until all funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by a private source. Limits prize amounts.
Requires: (1) the General Services Administration (GSA) to provide government-wide services to share best practices and assist agencies in developing guidelines for issuing competitions; and (2) the Director of the Office of Science and Technology Policy to submit annual reports on program activities. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telephone Slamming Prevention Act of
1998''.
SEC. 2. IMPROVEMENTS OF PROTECTIONS AGAINST UNAUTHORIZED CHANGES OF
PROVIDERS OF TELEPHONE SERVICE.
(a) Clarification of Verification Procedures.--Subsection (a) of
section 258 of the Communications Act of 1934 (47 U.S.C. 258) is
amended to read as follows:
``(a) Prohibition.--
``(1) In general.--No telecommunications carrier shall
submit or execute a change in a subscriber's selection of a
provider of telephone exchange service or telephone toll
service except in accordance with this section and such
verification procedures as the Commission shall prescribe.
``(2) Verification.--The procedures prescribed by the
Commission to verify a subscriber's selection of a telephone
exchange service or telephone toll service provider shall--
``(A) preclude the use of negative option letters
of agency as a verification method; and
``(B) require the retention of the verification of
a subscriber's selection in such manner and form and
for such time as the Commission considers
appropriate.''.
(b) Liability for Charges.--Subsection (b) of such section is
amended--
(1) by striking ``(b) Liability for Charges.--Any
telecommunications carrier'' and inserting the following:
``(b) Liability for Charges.--
``(1) In general.--Any telecommunications carrier'';
(2) by designating the second sentence as paragraph (3) and
inserting at the beginning of such paragraph, as so designated,
the following:
``(3) Construction of remedies.--''; and
(3) by inserting after paragraph (1), as designated by
paragraph (1) of this subsection, the following:
``(2) Subscriber payment option.--
``(A) In general.--A subscriber whose telephone
exchange service or telephone toll service is changed
in violation of the procedures prescribed under
subsection (a) may elect to pay the carrier previously
selected by the subscriber for any such service
received after the change in full satisfaction of
amounts due from the subscriber to the carrier
providing such service after the change.
``(B) Payment rate.--Payment for service under
subparagraph (A) shall be at the rate for such service
charged by the carrier previously selected by the
subscriber concerned.''.
(c) Additional Penalties.--Such section is further amended by
adding at the end the following:
``(c) Civil Penalties.--
``(1) In general.--Unless the Commission determines that
there are mitigating circumstances, any telecommunications
carrier who submits or executes a change in a provider of
telephone exchange service or telephone toll service in
violation of the procedures prescribed under subsection (a)
shall be fined a minimum of $50,000 for the first offense and
shall be fined a minimum of $100,000 for any subsequent
offense.
``(2) Penalties for activities of agents and resellers.--
The Commission may assess penalties for violations of the
procedures prescribed under subsection (a) in the case of a
carrier that submits or executes unauthorized changes on behalf
of its agents or resellers if the carrier meets such conditions
as the Commission shall prescribe in regulations.
``(d) Criminal Penalties.--Any person who submits or executes a
change in a provider of telephone exchange service or telephone toll
service in willful violation of the procedures prescribed under
subsection (a)--
``(1) shall be fined in accordance with title 18, United
States Code, imprisoned not more than 1 year, or both; but
``(2) if previously convicted under this subsection at the
time of a subsequent offense, shall be fined in accordance with
title 18, United States Code, imprisoned not more than 5 years,
or both, for such subsequent offense.
``(e) Disqualification From Certain Activities.--
``(1) Disqualification of persons.--Subject to paragraph
(3), any person convicted under subsection (d), in addition to
any fines or imprisonment under that subsection, may not carry
out any activities covered by section 214.
``(2) Disqualification of companies.--Subject to paragraph
(3), any company substantially controlled by a person convicted
under subsection (d) may not carry out any activities covered
by section 214.
``(3) Reinstatement.--
``(A) In general.--The Commission may terminate the
application of paragraph (1) or (2) of this subsection
to a person or company, as the case may be, if the Commission
determines that the termination would be in the public interest.
``(B) Effective date.--The termination of the
applicability of paragraph (1) or (2) to a person or
company, as the case may be, under subparagraph (A) may
not take effect earlier than 5 years after the date on
which the applicable paragraph applied to the person or
company.
``(f) Actions by States.--Whenever the attorney general of a State,
or an official or agency designated by a State, has reason to believe
that any person has engaged or is engaging in a pattern or practice of
unauthorized changes in providers of telephone exchange service or
telephone toll service of residents in such State in violation of the
procedures prescribed under subsection (a), the State may bring a civil
action on behalf of its residents to enjoin such practices, to recover
damages equal to the actual monetary loss suffered by such residents,
or both. If the court finds the defendant executed such changes in
willful and knowing violation of such procedures, the court may, in its
discretion, increase the amount of the award to an amount equal to not
more than 3 times the amount awardable under the preceding sentence.
``(g) No Preemption of State Law.--Nothing in this section shall
preempt the availability of relief under State law for unauthorized
changes of providers of intrastate telephone exchange service or
telephone toll service.
``(h) Reports on Complaints.--
``(1) Reports required.--Each telecommunications carrier
shall submit to the Commission, as frequently as the Commission
shall require, a report on the number of complaints of
unauthorized changes in providers of telephone exchange service
or telephone toll service that are submitted to the carrier by
its subscribers. Each report shall specify each provider of
service complained of and the number of complaints relating to
such provider.
``(2) Utilization.--The Commission shall use the
information submitted in reports under this subsection to
identify telecommunications carriers that engage in patterns
and practices of unauthorized changes in providers of telephone
exchange service or telephone toll service.''.
(d) Treatment of Regulations.--The Federal Communications
Commission may treat the regulations prescribed under section 258 of
the Communications Act of 1934 before the date of enactment of this Act
as regulations prescribed under such section 258, as amended by this
section, but only to the extent that the regulations prescribed before
such date of enactment are not inconsistent with the requirements of
such section, as so amended.
(e) Report on Slamming Violations.--
(1) In general.--Not later than October 31, 1998, the
Federal Communications Commission shall submit to Congress a
report on its enforcement actions against carriers for
violations of the procedures prescribed under section 258(a) of
the Communications Act of 1934, as in effect on the day before
the date of enactment of this Act.
(2) Elements.--The report shall--
(A) set forth the number of complaints against each
telecommunications carrier that was subject to more
than 100 complaints in 1997 for violation of the
procedures referred to in paragraph (1); and
(B) describe the penalties assessed against each
such carrier for violations of such procedures.
SEC. 3. REVIEW OF ADEQUACY OF LICENSING REQUIREMENTS AND PROCEDURES.
Not later than 6 months after the date of enactment of this Act,
the Federal Communications Commission shall submit to Congress a report
that--
(1) assesses the adequacy and effectiveness of the
licensing requirements and procedures of the Commission under
section 214 of the Communications Act of 1934 (47 U.S.C. 214)
in determining whether or not a carrier is suitable for
licensing under that section; and
(2) identifies additional actions that the Commission could
take under that section in order to ensure that new licenses
are not issued under that section to persons or carriers that
have previously lost their licenses for violations of section
258 of that Act (47 U.S.C. 258) or have otherwise engaged in
egregious violations of such section 258. | Telephone Slamming Prevention Act of 1998 - Amends the Communications Act of 1934 (the Act) to require procedures prescribed by the Federal Communications Commission (FCC) to verify a subscriber's selection of a provider of telephone exchange or toll service to: (1) preclude the use of negative option letters of agency; and (2) require the retention of a subscriber's selection verification.
Allows a subscriber whose provider is changed in violation of such Act to pay the former provider for all services provided by the unauthorized provider.
Authorizes civil penalties: (1) of a minimum of $50,000 for the first offense and $100,000 for any additional offense by carriers who submit or execute an unauthorized change of provider service; and (2) in the case of a carrier that submits or executes unauthorized changes on behalf of its agents or resellers. Prescribes criminal penalties of a fine and up to one year in prison for a first offense and up to five years in prison for a subsequent offense for such a willful violation by any person.
Prohibits any person or company convicted of such violations from participating in the provision of universal telecommunications service and related activities authorized under the Act. Authorizes reinstatement of such participation, but no earlier than five years after such prohibition, if found by the FCC to be in the public interest.
Authorizes a State to bring an action on behalf of its residents when it has reason to believe that a carrier has or is engaging in a pattern or practice of making such unauthorized changes in service providers.
Requires each carrier to report to the FCC on the number of complaints of unauthorized provider changes submitted to such carrier by its subscribers. Directs the FCC to utilize such information to identify carriers that engage in patterns and practices of unauthorized provider changes.
Directs the FCC to report to the Congress on: (1) its enforcement against carriers for violations of this Act; (2) the adequacy and effectiveness of carrier licensing requirements and procedures in determining whether a carrier is suitable for such license; and (3) additional actions the FCC could take to ensure that new licenses are not issued to persons or carriers that have previously lost such license due to violations covered by this Act or that have engaged in egregious violations covered by this Act. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Empowerment Act''.
SEC. 2. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.
(a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subchapter:
``Subchapter X--Educational Empowerment Zones
``Sec. 1400E. Designation of educational empowerment zones.
``SEC. 1400E. DESIGNATION OF EDUCATIONAL EMPOWERMENT ZONES.
``(a) Designation.--
``(1) Educational Empowerment Zone.--For purposes of this
title, the term `educational empowerment zone' means any area--
``(A) which is nominated by one or more local
governments and the State or States in which it is
located for designation as an educational empowerment
zone (hereinafter in this section referred to as a
`nominated area'), and
``(B) which the Secretary of Health and Human
Services and the Secretary of Education (hereinafter in
this section referred to as the `Secretaries
concerned') jointly designate as an educational
empowerment zone.
``(2) Number of designations.--The Secretaries concerned
may designate not more than 30 nominated areas as educational
empowerment zones.
``(3) Areas designated based on degree of poverty, etc.--
Except as otherwise provided in this section, the nominated
areas designated as educational empowerment zones under this
subsection shall be those nominated areas with the highest
average ranking with respect to the criteria described in
subsection (c)(3). For purposes of the preceding sentence, an
area shall be ranked within each such criterion on the basis of
the amount by which the area exceeds such criterion, with the
area which exceeds such criterion by the greatest amount given
the highest ranking.
``(4) Limitation on designations.--
``(A) Publication of regulations.--The Secretaries
concerned shall prescribe by regulation no later than 4
months after the date of the enactment of this
section--
``(i) the procedures for nominating an area
under paragraph (1)(A);
``(ii) the parameters relating to the size
and population characteristics of an
educational empowerment zone; and
``(iii) the manner in which nominated areas
will be evaluated based on the criteria
specified in subsection (c).
``(B) Time limitations.--The Secretaries concerned
may designate nominated areas as educational
empowerment zones only during the 24-month period
beginning on the first day of the first month following
the month in which the regulations described in
subparagraph (A) are prescribed.
``(C) Procedural rules.--The Secretaries concerned
shall not make any designation of a nominated area as
an educational empowerment zone under paragraph (2)
unless--
``(i) a nomination regarding such area is
submitted in such a manner and in such form,
and contains such information, as the
Secretaries concerned shall by regulation
prescribe, and
``(ii) the Secretaries concerned determine
that any information furnished is reasonably
accurate.
``(5) Nomination process for indian reservations.--For
purposes of this subchapter, in the case of a nominated area on
an Indian reservation, the reservation governing body (as
determined by the Secretary of the Interior) shall be treated
as being both the State and local governments with respect to
such area.
``(b) Period for Which Designation Is in Effect.--Any designation
of an area as an educational empowerment zone shall remain in effect
during the period beginning on the date of the designation and ending
on the earliest of--
``(1) December 31, 2008,
``(2) the termination date designated by the State and
local governments in their nomination, or
``(3) the date the Secretaries concerned revoke such
designation.
``(c) Area and Eligibility Requirements.--
``(1) In general.--The Secretary of Commerce may designate
a nominated area as an educational empowerment zone under
subsection (a) only if the area meets the requirements of
paragraphs (2) and (3) of this subsection.
``(2) Area requirements.--For purposes of paragraph (1), a
nominated area meets the requirements of this paragraph if--
``(A) the area is within the jurisdiction of one or
more local governments,
``(B) the boundary of the area is continuous, and
``(C) the area does not include an empowerment zone
(as defined in section 1393(b)) other than such a zone
designated under section 1391(g).
``(3) Eligibility requirements.--For purposes of paragraph
(1), a nominated are meets the requirements of this paragraph
if the State and the local governments in which it is located
certify that the nominated area satisfies such conditions as
the Secretary of Education deems appropriate.
``(4) Consideration of dropout rate, etc.--The Secretary of
Education, in setting forth the conditions for eligibility
pursuant to paragraph (3), shall take into account the extent
to which an area has low-income families, a high dropout rate,
a high rate of teen pregnancy, and large school class size.
``(d) Coordination With Treatment of Enterprise Communities.--For
purposes of this title, if there are in effect with respect to the same
area both--
``(1) a designation as an educational empowerment zone, and
``(2) a designation as an enterprise community,
both of such designations shall be given full effect with respect to
such area.
``(e) Definitions and Special Rules.--For purposes of this
subchapter, rules similar to the rules of paragraphs (2), (3), (5), and
(7) of section 1393 shall apply.''.
(b) Clerical Amendment.--The table of subchapters for chapter 1 is
amended by adding at the end the following new item:
``Subchapter X. Educational Empowerment
Zones.''.
SEC. 3. CREDIT FOR DONATIONS TO SCHOOL DISTRICTS IN EDUCATIONAL
EMPOWERMENT ZONES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30A the following new section:
``SEC. 30B. CONTRIBUTIONS TO SCHOOL DISTRICTS IN EDUCATIONAL
EMPOWERMENT ZONES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the amount of qualified educational empowerment zone
contributions made by the taxpayer during such year.
``(b) Maximum Credit.--The amount of the credit allowed by
subsection (a)--
``(1) in the case of an individual, shall not exceed
$2,000, and
``(2) in the case of any other taxpayer, shall not exceed
$10,000.
``(c) Definition of Qualified Educational Empowerment Zone
Contributions.--For purposes of this section, the term `qualified
educational empowerment zone contributions' means cash contributions
made to any school district located in an educational empowerment zone
(as designated under section 1400E) if such contributions--
``(1) but for subsection (d), would be allowable as a
deduction under section 170, and
``(2) are used for any of the following purposes by the
school district:
``(A) Hiring new teachers.
``(B) Increasing teacher salaries.
``(C) Training teachers.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any contribution taken into account in computing
the credit under this section.
``(e) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.
``(f) Application With Other Credits; Carryover of Excess Credit.--
The credit allowed by subsection (a) for any taxable year shall not
exceed the excess (if any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and the preceding
sections of this subpart, over
``(2) the tentative minimum tax for the taxable year.
If the credit under subsection (a) exceeds the limitation of the
preceding sentence, such excess shall be added to the credit allowable
under subsection (a) for the succeeding taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30A the following new
item:
``Sec. 30B. Contributions to school districts in educational
empowerment zones.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 4. TEACHER LOAN FORGIVENESS PROGRAM.
Part B of title IV of the Higher Education Act of 1965 is amended
by inserting after section 428K (20 U.S.C. 1078-11) the following new
section:
``SEC. 428L. LOAN FORGIVENESS FOR MATHEMATICS AND SCIENCE TEACHERS.
``(a) Purpose.--It is the purpose of this section to encourage more
individuals to enter and stay in the field of teaching mathematics,
science, and related fields.
``(b) Program.--
``(1) In general.--The Secretary shall carry out a program
of assuming the obligation to repay, pursuant to subsection
(c), a loan made, insured, or guaranteed under this part or
part D (excluding loans made under sections 428B and 428C or
comparable loans made under Part D) for any new borrower after
October 12, 1998, who--
``(A) has been employed as a full-time teacher for
3 consecutive complete school years in a school that is
located in an educational empowerment zone, as such
term is defined in section 1400E of the Internal
Revenue Code of 1986;
``(B) is a fully qualified teacher; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Award basis; priority.--
``(A) Award basis.--Subject to subparagraph (B),
loan repayment under this section shall be on a first-
come, first-served basis and subject to the
availability of appropriations.
``(B) Priority.--The Secretary shall give priority
in providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
``(3) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out the
provisions of this section.
``(c) Loan Repayment.--
``(1) Eligible amount.--The amount the Secretary may repay
on behalf of any individual under this section shall not
exceed--
``(A) 80 percent of the sum of the principal
amounts outstanding of the individual's qualifying
loans at the end of 3 consecutive complete school years
of service described in subsection (b)(1)(A);
``(B) an additional 10 percent of such sum at the
end of each of the next 2 consecutive complete school
years of such service; and
``(C) a total of more than $10,000.
``(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repaying of a loan
made under this part or part D.
``(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
``(4) Double benefits prohibited.--No borrower may, for the
same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12601 et seq.). No borrower may receive a
reduction of loan obligations under both this section and
section 428J or 460.
``(d) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to repayment pursuant
to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing the required
number of years of qualifying employment.
``(3) Fully qualified teachers.--An application for loan
repayment under this section shall include such information as
is necessary to demonstrate that the applicant--
``(A) if teaching in a public elementary or
secondary school (other than as a teacher in a public
charter school), has obtained State certification as a
teacher (including certification obtained through
alternative routes to certification) or passed the
State teacher licensing exam and holds a license to
teach in such State; and
``(B) if teaching in--
``(i) an elementary school, holds a
bachelor's degree and demonstrates knowledge
and teaching skills in reading, writing,
mathematics, science, and other areas of the
elementary school curriculum; or
``(ii) a middle or secondary school, holds
a bachelor's degree and demonstrates a high
level of competency in all subject areas in
which he or she teaches through--
``(I) a high level of performance
on a rigorous State or local academic
subject areas test; or
``(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
``(f) Evaluation.--
``(1) In general.--The Secretary shall conduct, by grant or
contract, an independent national evaluation of the impact of
the program assisted under this section.
``(2) Competitive basis.--The grant or contract described
in subsection (b) shall be awarded on a competitive basis.
``(3) Contents.--The evaluation described in this
subsection shall--
``(A) determine the number of individuals who were
encouraged by the program assisted under this section
to pursue teaching careers;
``(B) determine the number of individuals who
remain employed in teaching mathematics, science, or
related fields as a result of participation in the
program;
``(C) identify the barriers to the effectiveness of
the program;
``(D) assess the cost-effectiveness of the program;
and
``(E) identify the number of years each individual
participates in the program.
``(4) Interim and final evaluation reports.--The Secretary
shall prepare and submit to the President and the Congress such
interim reports regarding the evaluation described in this
subsection as the Secretary deems appropriate, and shall
prepare and so submit a final report regarding the evaluation
by January 1, 2008.''. | Educational Empowerment Act - Amends the Internal Revenue Code to allow for the creation of up to 30 tax-qualified educational empowerment zones in certain low-income areas. Allows a tax credit for contributions to such educational empowerment zones for hiring new teachers, increasing teacher salaries, and training teachers. Establishes a teacher loan forgiveness program for certain certified elementary, middle, or secondary school teachers (e.g., writing, mathematics, and science teachers) in educational empowerment zones. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community-Based Independence for
Seniors Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Community-based services play an essential role in
keeping individuals healthy.
(2) Without community-based long-term services and
supports, which are not typically covered by Medicare, seniors
frequently experience negative health outcomes and lose their
ability to live independently.
(3) Seniors who deplete their resources often have no
option but to turn to Medicaid for coverage of long-term care
expenses.
(4) Targeting community-based services and supports to at-
risk seniors can help these individuals avoid depleting their
assets and becoming Medicaid dependent.
SEC. 3. COMMUNITY-BASED INSTITUTIONAL SPECIAL NEEDS PLAN DEMONSTRATION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the Secretary) shall establish a
Community-Based Institutional Special Needs Plan demonstration program
(in this section referred to as the CBI-SNP demonstration program) to
prevent and delay institutionalization under the Medicaid program among
eligible low-income Medicare beneficiaries.
(b) Establishment.--
(1) In general.--The Secretary shall enter into agreements
with not more than 5 eligible MA plans to conduct the CBI-SNP
demonstration program. Each such eligible MA plan may enroll up
to 1,000 eligible low-income Medicare beneficiaries (including
new enrollees) in such program.
(2) Use of part c rebate to furnish certain benefits.--
Under the CBI-SNP demonstration program, an eligible MA plan
selected to participate in such program shall use the rebate
that the plan is required (under section 1854 of the Social
Security Act (42 U.S.C. 13954-24)) to provide to eligible low-
income Medicare beneficiaries enrolled in the plan in order to
furnish, as supplemental benefits under section 1852(a)(3) of
such Act (42 U.S.C. 1395w-22(a)(3)) and notwithstanding any
waivers under section 1915(c) of such Act (42 U.S.C. 1396n(c)),
benefits to such beneficiaries, including long-term care
services and supports, that the Secretary determines
appropriate for the purposes of the CBI-SNP demonstration
program, such as--
(A) homemaker services;
(B) home delivered meals;
(C) transportation services;
(D) respite care;
(E) adult day care services; and
(F) non-Medicare-covered safety and other
equipment.
(c) Eligible MA Plan.--In this section, the term eligible MA plan
means a specialized MA plan for special needs individuals (as defined
in section 1859(b)(6) of the Social Security Act (42 U.S.C. 1395w-
28(b)(6))) that--
(1) has experience in offering special needs plans for
nursing home-eligible, non-institutionalized Medicare
beneficiaries who live in the community;
(2) has experience working with low income beneficiaries,
including low income beneficiaries dually eligible for benefits
under titles XVIII and XIX of such Act;
(3) has a service area in a State that has agreed to make
available to the Secretary Medicaid data necessary for purposes
of conducting the independent evaluation required under
subsection (j); and
(4) meets such other criteria as the Secretary may require.
(d) Eligible Low-Income Medicare Beneficiary Defined.--In this
section, the term eligible low-income Medicare beneficiary means an
individual who is--
(1) a Medicare Advantage eligible individual (as defined in
section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w-
21(a)(3)));
(2) a subsidy eligible individual (as defined in section
1860D-14(a)(3)(A) of such Act (42 U.S.C. 1395w-114(a)(3)(A)));
(3) not eligible to receive benefits under title XIX of the
Social Security Act;
(4) unable to perform two or more activities of daily
living (as defined in section 7702B(c)(2)(B) of the Internal
Revenue Code of 1986); and
(5) age 65 or older.
(e) Special Election Period.--Notwithstanding sections
1852(e)(2)(C) and 1860D-1(b)(1)(B)(iii) of the Social Security Act (42
U.S.C. 1395w-21(e)(2)(C); 1395w-101(b)(1)(B)(iii)), an eligible
Medicare beneficiary may, other than during the annual, coordinated
election periods under such sections--
(1) discontinue enrollment in a Medicare Advantage plan not
participating in the CBI-SNP demonstration program and enroll
in an eligible MA plan participating in such program if the
beneficiary resides in the participating plan's service area;
and
(2) discontinue enrollment under the original medicare fee-
for-service program under parts A and B of title XVIII of such
Act and the enrollment in a prescription drug plan under part D
of such title and enroll in an eligible MA plan participating
in the CBI-SNP demonstration program if the beneficiary resides
in the participating plan's service area.
(f) Beneficiary Education.--The Secretary shall help to educate
eligible Medicare beneficiaries on the availability of the CBI-SNP
demonstration program through State Health Insurance Assistance
Programs and other organizations dedicated to assisting seniors with
Medicare benefits and enrollment.
(g) Duration.--The CBI-SNP demonstration program shall be
implemented not later than January 1, 2018, and shall be conducted for
a period of 5 years.
(h) Budget Neutrality.--In conducting the CBI-SNP demonstration
program, the Secretary shall ensure that the aggregate payments made by
the Secretary do not exceed the amount which the Secretary estimates
would have been expended under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) if the CBI-SNP
demonstration program had not been implemented.
(i) Expansion of Demonstration Program.--Taking into account the
evaluation under subsection (j), the Secretary may, through notice and
comment rulemaking, expand (including implementation on a nationwide
basis) the duration and scope of the CBI-SNP demonstration program
under title XVIII of the Social Security Act, other than under the
original medicare fee-for-service program under parts A and B of such
title, to the extent determined appropriate by the Secretary, if the
requirements of paragraphs (1), (2) and (3) of subsection (c) of
section 1115A of the Social Security Act (42 U.S.C. 1315a), as applied
to the testing of a model under subsection (b) of such section, applied
to the CBI-SNP demonstration program.
(j) Independent Evaluation and Reports.--
(1) Independent evaluation.--The Secretary shall provide
for the evaluation of the CBI-SNP demonstration program by an
independent third party. Such evaluation shall be completed
using evaluation criteria that are clearly articulated prior to
the implementation of such program. Such criteria shall include
specific goals of such program, hypotheses being tested, and
clear data collection and reporting requirements, recognizing
that definitions, benefits, and program requirements for long-
term care services and supports vary across States. Such
evaluation shall determine whether the CBI-SNP demonstration
program has--
(A) improved patient care;
(B) reduced hospitalizations or rehospitalizations;
(C) reduced or delayed Medicaid nursing facility
admissions and lengths of stay;
(D) reduced spend down of income and assets for
purposes of becoming eligible for Medicaid; and
(E) improved quality of life for the demonstration
population and beneficiary and caregiver satisfaction.
(2) Reports.--Not later than January 1, 2022, the Secretary
shall submit to Congress a report containing the results of the
evaluation conducted under paragraph (1), together with such
recommendations for legislative or administrative action as the
Secretary determines appropriate. In preparing such report, the
Secretary shall use at least 3 years worth of data under the
CBI-SNP demonstration program.
(k) Funding.--
(1) Funding for implementation.--For purposes of
administering the CBI-SNP demonstration program (other than the
evaluation and report under subsection (j)), the Secretary
shall provide for the transfer from the Federal Hospital
Insurance Trust Fund under section 1817 of the Social Security
Act (42 U.S.C. 1395i) and the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of such Act (42 U.S.C.
1395t), in such proportion as the Secretary determines
appropriate, of $3,000,000 to the Centers for Medicare &
Medicaid Services Program Management Account.
(2) Funding for evaluation and report.--For purposes of
carrying out the evaluation and report under subsection (j),
the Secretary shall provide for the transfer from the Federal
Hospital Insurance Trust Fund under such section 1817 and the
Federal Supplementary Medical Insurance Trust Fund under such
section 1841, in such proportion as the Secretary determines
appropriate, of $500,000 to the Centers for Medicare & Medicaid
Services Program Management Account.
(3) Availability.--Amounts transferred under paragraph (1)
or (2) shall remain available until expended.
(l) Paperwork Reduction Act.--Chapter 35 of title 44, United States
Code, shall not apply to the testing and evaluation of the CBI-SNP
demonstration program. | Community-Based Independence for Seniors Act This bill establishes a Community-Based Institutional Special Needs Plan demonstration program, through which the Centers for Medicare & Medicaid Services (CMS) shall target home- and community-based services to low-income seniors who are unable to perform two or more activities of daily living and are eligible for Medicare Advantage (MA) but not for Medicaid. An MA plan that is selected to participate in the program must use certain payments from CMS to provide those beneficiaries with services and supports such as homemaker services, home-delivered meals, transportation services, respite care, adult daycare, and certain equipment. The bill establishes a special election period during which an eligible beneficiary may switch to an MA plan that participates in the program. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lead Exposure Reduction Amendments
Act of 2015''.
SEC. 2. DEFINITIONS.
Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(B) in the first sentence, by striking ``The term''
and inserting the following:
``(A) In general.--The term'';
(C) by striking ``Such term includes--'' and
inserting the following:
``(B) Inclusions.--The term `abatement' includes--
''; and
(D) by adding at the end the following:
``(C) Exclusions.--The term `abatement' does not
include any renovation, remodeling, or other activity--
``(i) the primary purpose of which is to
repair, restore, or remodel target housing,
public buildings constructed before 1978, or
commercial buildings; and
``(ii) that incidentally results in a
reduction or elimination of lead-based paint
hazards.'';
(2) by redesignating--
(A) paragraphs (4) through (12) as paragraphs (5)
through (13);
(B) paragraph (13) as paragraph (15); and
(C) paragraphs (14) through (17) as paragraphs (18)
through (21), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Emergency renovation.--The term `emergency
renovation' means a renovation or remodeling activity that is
carried out in response to an event--
``(A) that is an act of God, as that term is
defined in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601); or
``(B) that if not attended to as soon as is
practicable--
``(i) presents a risk to the public health
or safety; or
``(ii) threatens to cause significant
damage to equipment or property.'';
(4) by striking paragraph (10) (as redesignated by
paragraph (2)) and inserting the following:
``(10) Lead-based paint.--
``(A) In general.--The term `lead-based paint'
means paint or other surface coatings that contain lead
in excess of--
``(i) 1.0 milligrams per centimeter
squared; or
``(ii) 0.5 percent by weight.
``(B) Target housing.--With respect to paint or
other surface coatings on target housing, the term
`lead-based paint' means paint or other surface
coatings that contain lead in excess of the lower of--
``(i) the level described in subparagraph
(A); or
``(ii) a level established by the Secretary
of Housing and Urban Development under section
302(c) of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4822(c)).'';
(5) by inserting after paragraph (13) (as redesignated by
paragraph (2)) the following:
``(14) Postabatement clearance testing.--The term
`postabatement clearance testing' means testing that--
``(A) is carried out upon the completion of any
lead-based paint activity to ensure that--
``(i) the reduction is complete; and
``(ii) no lead-based paint hazards remain
in the area in which the lead-based paint
activity occurs; and
``(B) includes a visual assessment and the
collection and analysis of environmental samples from
an area in which lead-based paint activities occur.'';
and
(6) by inserting after paragraph (15) (as redesignated by
paragraph (2)) the following:
``(16) Renovation.--The term `renovation' has the meaning
given such term in section 745.83 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph).
``(17) Renovation and remodeling regulation.--The term
`renovation and remodeling regulation' means a regulation
promulgated under section 402(a) and revised pursuant to
section 402(c)(3)(A), as the regulation is applied to
renovation or remodeling activities in target housing, public
buildings constructed before 1978, and commercial buildings.''.
SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION.
Section 402(c) of the Toxic Substances Control Act (15 U.S.C.
2682(c)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Study of certification.--
``(A) In general.--Not later than 1 year prior to
proposing any renovation and remodeling regulation
after the date of enactment of the Lead Exposure
Reduction Amendments Act of 2015, the Administrator
shall conduct, submit to Congress, and make available
for public comment (after peer review) the results of a
study of the extent to which persons engaged in various
types of renovation and remodeling activities in target
housing, public buildings constructed before 1978, or
commercial buildings--
``(i) are exposed to lead in the conduct of
those activities; and
``(ii) disturb lead and create a lead-based
paint hazard on a regular or occasional basis
in the conduct of those activities.
``(B) Scope and coverage.--A study conducted under
subparagraph (A) shall consider the risks described in
clauses (i) and (ii) of that subparagraph with respect
to each separate building type described in that
subparagraph, as the regulation to be proposed would
apply to each building type.'';
(2) in paragraph (3)--
(A) in the first sentence by striking ``Within 4
years'' and inserting the following:
``(A) In general.--Not later than 4 years''; and
(B) by adding at the end the following:
``(B) Exemption.--An emergency renovation shall be
exempt from any renovation and remodeling regulation,
and a person carrying out an emergency renovation shall
be exempt from any regulation promulgated under section
406(b) with respect to the emergency renovation.
``(C) Prohibition on postabatement clearance
requirement.--No renovation and remodeling regulation
may require postabatement clearance testing.''; and
(3) by adding at the end the following:
``(4) Target housing owners.--
``(A) In general.--Not later than 60 days after the
date of enactment of this paragraph, and subject to
subparagraph (B), the Administrator shall promulgate
regulations to permit an owner of a residential
dwelling that is target housing, who resides in the
residential dwelling, to authorize a contractor to
forgo compliance with the requirements of a renovation
and remodeling regulation with respect to the
residential dwelling.
``(B) Written certification.--The regulations
promulgated under subparagraph (A) shall require that
an owner of a residential dwelling that is target
housing, who resides in the residential dwelling, may
only authorize a contractor to forgo compliance with
the requirements of a renovation and remodeling
regulation if the owner submits to the contractor a
written certification stating that--
``(i) the renovation or remodeling project
is to be carried out at the residential
dwelling in which the owner resides;
``(ii) no pregnant woman or child under the
age of 6 resides in the residential dwelling as
of the date on which the renovation or
remodeling project commences, or will reside in
the residential dwelling for the duration of
the project; and
``(iii) the owner acknowledges that, in
carrying out the project, the contractor will
be exempt from the requirements of a renovation
and remodeling regulation.
``(C) Restriction.--A contractor may not forgo
compliance with the requirements of a renovation and
remodeling regulation pursuant to a written
certification submitted under subparagraph (B) if the
contractor has actual knowledge of a pregnant woman or
child under the age of 6 residing in the residential
dwelling as of the date on which the renovation or
remodeling commences (and for the duration of the
project).
``(D) Limitation of contractor liability.--The
Administrator may not hold a contractor responsible for
a misrepresentation made by the owner of a residential
dwelling in a written certification submitted under
subparagraph (B), unless the contractor has actual
knowledge of a misrepresentation.
``(5) Test kits.--
``(A) Definitions.--In this paragraph:
``(i) Post-1960 building renovation and
remodeling regulation.--The term `post-1960
building renovation and remodeling regulation'
means a renovation and remodeling regulation,
as the regulation applies to--
``(I) target housing constructed
after January 1, 1960;
``(II) public buildings constructed
between January 1, 1960 and January 1,
1978; and
``(III) commercial buildings
constructed after January 1, 1960.
``(ii) Qualifying test kit.--The term
`qualifying test kit' means a chemical test
that--
``(I) can determine the presence of
lead-based paint, as defined in section
401(10)(A);
``(II) has a false positive
response rate of 10 percent or less;
``(III) has a false negative
response rate of 5 percent or less;
``(IV) does not require the use of
off-site laboratory analysis to obtain
results;
``(V) is inexpensively and
commercially available; and
``(VI) does not require special
training to use.
``(B) Recognition of qualifying test kit.--
``(i) Recognition.--The Administrator shall
recognize for use under this title a qualifying
test kit, and publish in the Federal Register
notice of the recognition.
``(ii) Suspension of enforcement of certain
regulations.--If, not later than 1 year after
the date of enactment of this paragraph, the
Administrator does not recognize a qualifying
test kit under clause (i), the Administrator--
``(I) shall publish in the Federal
Register notice of the failure to
recognize a qualifying test kit; and
``(II) except as provided in clause
(iii), may not enforce any post-1960
building renovation and remodeling
regulation, with respect to a period
beginning on the date that is 1 year
after the date of enactment of this
paragraph and ending on the date that
is 6 months after the date on which the
Administrator--
``(aa) recognizes for use
under this title a qualifying
test kit; and
``(bb) publishes in the
Federal Register notice of the
recognition and of the date on
which enforcement of the post-
1960 building renovation and
remodeling regulations will
resume.
``(iii) Applicability of suspension.--The
Administrator shall not suspend enforcement of
any post-1960 building renovation and
remodeling regulation for the period described
in clause (ii)(II) with respect to a
residential dwelling in which a pregnant woman
or child under the age of 6 resides.
``(6) Applicability of certain penalties.--Any renovation
and remodeling regulation requiring the submission of
documentation to the Administrator shall provide--
``(A) an exemption from an applicable penalty for
failure to comply with the requirement for a person
who--
``(i) is submitting the required
documentation for the first time; and
``(ii) submits documentation that contains
only de minimus or typographical errors, as
determined by the Administrator; and
``(B) a process by which a person described in
subparagraph (A) may resubmit the required
documentation.
``(7) Accreditation of recertification courses.--The hands-
on training requirements required under subsection (a)(2)(D)
shall not apply to any recertification course accredited by the
Environmental Protection Agency that is otherwise required to
be completed under this title by a person that is certified to
engage in renovation and remodeling activities.''. | Lead Exposure Reduction Amendments Act of 2015 This bill amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any activity: (1) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. The Environmental Protection Agency (EPA), no later than one year prior to proposing any renovation and remodeling regulation, must study the extent to which persons engaged in such activities: (1) are exposed to lead, and (2) disturb lead and create a lead-based paint hazard. Exempted from such a regulation is an emergency renovation carried out in response to an event that is an act of God as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, that presents a risk to the public health or safety, or that threatens to cause significant damage to equipment or property if not attended to immediately. A regulation may not require post-abatement clearance testing. The EPA must promulgate regulations to permit a resident owner of a dwelling that is target housing to authorize a contractor to forego compliance with such a regulation if the owner certifies that: (1) the renovation or remodeling project is to be carried out at such dwelling, (2) no pregnant woman or child under the age of six resides or will reside in such housing, and (3) the owner acknowledges that the contractor will be exempt from the requirements of such regulation. The EPA may not hold a contractor responsible for a misrepresentation made by the owner of such dwelling unless the contractor has actual knowledge of such a misrepresentation. The EPA must: (1) recognize a qualifying test kit for use under TSCA, and (2) suspend enforcement of any regulation relating to renovation and remodeling of target housing and commercial buildings constructed after January 1, 1960, and public buildings constructed between January 1, 1960, and January 1, 1978, until a specified period after the EPA recognizes such a test kit. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Election Rules and
Technology Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION; MEMBERSHIP.
(a) Establishment.--There is established the Federal Elections
Review Commission (hereafter in this Act referred to as the
``Commission'').
(b) Purpose.--The purpose of the Commission shall be to study the
nature and consequences of the Federal electoral process and make
recommendations to ensure the integrity of, and public confidence in,
Federal elections.
(c) Membership.--The Commission shall be composed of 12 members,
who shall be appointed as follows:
(1) Three members shall be appointed by the President pro
tempore of the Senate based on recommendations by the majority
leader of the Senate.
(2) Three members shall be appointed by the President pro
tempore of the Senate based on recommendations of the minority
leader of the Senate.
(3) Three members shall be appointed by the Speaker of the
House of Representatives.
(4) Three members shall be appointed by the minority leader
of the House of Representatives.
(d) Qualifications of Members.--Members shall be appointed to the
Commission from among individuals who--
(1) have expertise in Federal election laws, election and
information technology, the United States Constitution, and the
history of the United States, or other pertinent qualifications
or experience; and
(2) are not officers or employees of the United States.
(e) Other Considerations.--In appointing members of the Commission,
every effort shall be made to ensure that the members--
(1) represent a broad cross section of regional and
political perspectives in the United States; and
(2) are individuals who will provide fresh insights to
analyzing the Federal electoral process in order to maintain
the integrity and accuracy of, and public confidence in, such
process.
(f) Period of Appointment; Vacancies.--(1) Members of the
Commission shall be appointed not later than 60 days after the date of
enactment of this Act. Appointments shall be for the life of the
Commission.
(2) Any vacancy in the Commission shall not affect the powers of
the Commission, and shall be filled in the same manner as the original
appointment.
(g) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(h) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from among
the members of the Commission.
(i) Additional Meetings.--The Commission shall meet at the call of
the chairperson.
(j) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(k) Voting.--A vote of a member of the Commission with respect to
the duties of the Commission shall have the same weight as the vote of
any other member of the Commission.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall examine and report on the
nature and consequences of the Federal electoral process, and shall
include in its report recommendations to ensure the integrity of, and
public confidence in, Federal elections.
(b) Specific Issues To Be Addressed.--In conducting its examination
and preparing its report under this Act, the Commission shall address
(at a minimum) the following issues:
(1) The current election technology used by States and
local governments across the Nation, the current best practices
of election technology, and the need for research and
development regarding new election technologies.
(2) The need for new practices and technologies to aid
voters with disabilities.
(3) Voter registration issues, including same-day
registration, universal registration, the impact of the voter
registration requirements of the National Voter Registration
Act of 1993 (commonly known as the ``Motor Voter Act''), and
the accuracy of voter registration rolls.
(4) Ballot access issues, including the role of mail-in
balloting in Federal elections, the distinction between mail-in
and absentee balloting, the uniformity or lack of uniformity in
the deadlines established for the receipt of such ballots, and
the possibility of fraud associated with the use of such
ballots.
(5) The financial, training, and resource needs of State
and local election agencies.
(6) The feasibility and advisability of voting through the
Internet.
(7) The impact of polling place closing times (including an
analysis of the feasibility and advisability of establishing a
uniform national poll closing time for Presidential elections),
the number and accessibility of polling places, and training of poll
workers.
(8) The impact of the physical ballot design, including the
technology used to cast and count votes and the uniformity of
such technology and a consideration of a uniform design
standard, and the impact of the language used on ballots,
including the need for simplicity of language and the
feasibility and advisability of using foreign language.
(9) The adequacy of the options available to voters and
candidates to seek redress for electoral irregularities.
SEC. 4. FINAL REPORT.
(a) In General.--Not later than 12 months after the date of the
initial meeting of the Commission, the Commission shall submit to the
President, the Federal Election Commission, and the Congress a final
report including--
(1) the findings and conclusions of the Commission; and
(2) recommendations of the Commission for addressing the
problems identified by its analysis.
(b) Separate Views.--Any member of the Commission may submit
additional findings and recommendations as part of the final report.
SEC. 5. POWERS.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission may find advisable to fulfill the
requirements of this Act. The Commission shall hold at least one
hearing in the District of Columbia, and at least four hearings in
other regions of the United States.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation.--Each member of the Commission shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the performance of
the duties of the Commission.
(b) Staff.--(1) The chairperson of the Commission may appoint staff
of the Commission, request the detail of Federal employees, and accept
temporary and intermittent services in accordance with section 3161 of
title 5, United States Code.
(2) The employment of an executive director of the Commission shall
be subject to the approval of the Commission.
(3) The rate of pay for the executive director and other personnel
of the Commission may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
SEC. 7. SUPPORT SERVICES.
The Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support services
as the Commission may request.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the date that is 30
days after the date the Commission submits its final report under
section 4.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 for the
Commission to carry out this Act. | 21st Century Election Rules and Technology Act - Establishes the Federal Elections Review Commission to study the nature and consequences of the Federal electoral process and make recommendations to the President, the Federal Election Commission, and Congress to ensure the integrity of, and public confidence in, Federal elections. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Presidential Primary and
Caucus Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Caucus.--The term ``caucus'' means any convention,
meeting, or series of meetings held for the selection of
delegates to a national Presidential nominating convention of a
political party.
(2) Election year.--The term ``election year'' means a year
during which a Presidential election is to be held.
(3) National committee.--The term ``national committee''
means the organization which, by virtue of the bylaws of a
political party, is responsible for the day-to-day operation of
such political party at the national level, as determined by
the Federal Election Commission.
(4) Political party.--The term ``political party'' means an
association, committee, or organization which--
(A) nominates a candidate for election to any
Federal office whose name appears on the election
ballot as the candidate of such association, committee,
or organization; and
(B) won electoral votes in the preceding
Presidential election.
(5) Primary.--The term ``primary'' means a primary election
held for the selection of delegates to a national Presidential
nominating convention of a political party, but does not
include a caucus, convention, or other indirect means of
selection.
SEC. 3. SCHEDULE.
(a) Schedule.--
(1) First election cycle.--
(A) Lottery.--The Election Assistance Commission
shall establish procedures for the conduct of a lottery
by not later than March 1, 2010, to select which of the
4 regions described in subsection (b) will hold the
first primary in accordance with the schedule under
subparagraph (B). Based on such selection, the
primaries shall be conducted in the following order:
(i) In the case where Region I is selected
to hold the first primary--
(I) Region II shall hold the second
primary;
(II) Region III shall hold the
third primary; and
(III) Region IV shall hold the
fourth primary.
(ii) In the case where Region II is
selected to hold the first primary--
(I) Region III shall hold the
second primary;
(II) Region IV shall hold the third
primary; and
(III) Region I shall hold the
fourth primary.
(iii) In the case where Region III is
selected to hold the first primary--
(I) Region IV shall hold the second
primary;
(II) Region I shall hold the third
primary; and
(III) Region II shall hold the
fourth primary.
(iv) In the case where Region IV is
selected to hold the first primary--
(I) Region I shall hold the second
primary;
(II) Region II shall hold the third
primary; and
(III) Region III shall hold the
fourth primary.
(B) Schedule.--Subject to paragraph (3), in 2012,
each State that elects to hold a primary shall hold a
primary in accordance with this Act, according to the
following schedule:
(i) First primary.--Each such State in the
region selected to hold the first primary under
subparagraph (A) shall hold a primary during
the period beginning on the first Tuesday in
March and ending on the sixth day following
such Tuesday.
(ii) Second primary.--Each such State in
the region required to hold the second primary
under subparagraph (A) shall hold a primary
during the period beginning on the first
Tuesday in April and ending on the sixth day
following such Tuesday.
(iii) Third primary.--Each such State in
the region required to hold the third primary
under subparagraph (A) shall hold a primary
during the period beginning on the first
Tuesday in May and ending on the sixth day
following such Tuesday.
(iv) Fourth primary.--Each such State in
the region required to hold the fourth primary
under subparagraph (A) shall hold a primary
during the period beginning on the first
Tuesday in June and ending on the sixth day
following such Tuesday.
(2) Subsequent election cycles.--
(A) General rule.--Subject to paragraph (3), except
as provided in subparagraph (B), in each subsequent
election year after 2012, each State in each region
that elects to hold a primary shall hold a primary
during the period beginning on the first Tuesday of the
month following the month in which the State held a
primary in the preceding election year (or, in the case
where the State did not elect to hold a primary in the
preceding election year, the month in which the State
would have held a primary if it had elected to do so)
and ending on the sixth day following such Tuesday.
(B) Limitation.--If the States in a region were
required to hold primaries during the period beginning
on the first Tuesday in June of the preceding election
year and ending on the sixth day following such
Tuesday, the States in such region that elect to hold a
primary shall hold a primary during the period
beginning on the first Tuesday in March of the
succeeding election year and ending on the sixth day
following such Tuesday.
(3) Exception.--The States described in paragraphs (1)(G)
and (3)(C) of subsection (b) may hold a primary on a date prior
to the beginning of the period described in paragraph
(1)(B)(i). In the case where such a State does not elect to
hold a primary prior to the beginning of such period, if the
State elects to hold a primary, the State shall hold a primary
during the period in which the region the State is in (as
determined under subsection (b)) is scheduled to hold a primary
(as determined under paragraphs (1) and (2)).
(b) Regions.--For purposes of subsection (a):
(1) Region i.--Region I shall be comprised of the
following:
(A) Connecticut.
(B) Delaware.
(C) District of Columbia.
(D) Maine.
(E) Maryland.
(F) Massachusetts.
(G) New Hampshire.
(H) New Jersey.
(I) New York.
(J) Pennsylvania.
(K) Rhode Island.
(L) Vermont.
(M) West Virginia.
(2) Region ii.--Region II shall be comprised of the
following:
(A) Alabama.
(B) Arkansas.
(C) Florida.
(D) Georgia.
(E) Kentucky.
(F) Louisiana.
(G) Mississippi.
(H) North Carolina.
(I) Oklahoma.
(J) South Carolina.
(K) Tennessee.
(L) Texas.
(M) Virginia.
(3) Region iii.--Region III shall be comprised of the
following:
(A) Illinois.
(B) Indiana.
(C) Iowa.
(D) Kansas.
(E) Michigan.
(F) Minnesota.
(G) Missouri.
(H) Nebraska.
(I) North Dakota.
(J) Ohio.
(K) South Dakota.
(L) Wisconsin.
(4) Region iv.--Region IV shall be comprised of the
following:
(A) Alaska.
(B) Arizona.
(C) California.
(D) Colorado.
(E) Hawaii.
(F) Idaho.
(G) Montana.
(H) Nevada.
(I) New Mexico.
(J) Oregon.
(K) Utah.
(L) Washington.
(M) Wyoming.
(5) Territories.--The national committees shall jointly
determine the region of each territory of the United States.
SEC. 4. STATE CAUCUS TO SELECT DELEGATES.
(a) In General.--Subject to subsection (b), in the case where a
State elects to select delegates to a national Presidential nominating
convention of a political party through a caucus held by any political
party which has the authority to nominate a candidate, the State shall
hold a caucus during the period in which the region the State is in (as
determined under section 3(b)) is scheduled to hold a primary (as
determined under paragraphs (1) and (2) of section 3(a)).
(b) Exception.--The States described in paragraphs (1)(G) and
(3)(C) of section 3(b) may hold a caucus on a date prior to the
beginning of the period described in section 3(a)(1)(B)(i). In the case
where such a State does not elect to hold a caucus prior to the
beginning of such period, if the State elects to hold a caucus, the
State shall hold a caucus during the period in which the region the
State is in (as determined under section 3(b)) is scheduled to hold a
primary (as determined under paragraphs (1) and (2) of section 3(a)).
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act--
(1) shall be construed as requiring a State to hold a
primary or a caucus for the selection of delegates to a
national Presidential nominating convention of a political
party; or
(2) is intended to confer to the Election Assistance
Commission any power concerning the selection of delegates
other than that expressly provided under section 3(a)(1)(A).
SEC. 6. EFFECTIVE DATE.
This Act shall apply with respect to any primary or caucus held in
connection with a general election held in the year 2012 and in each
election year thereafter. | Regional Presidential Primary and Caucus Act of 2007 - Divides the United States into four regions of specified states (including the District of Columbia) for holding presidential primaries in each presidential election year. Requires four successive presidential primaries in each such year, to be held during the period beginning on the first Tuesday of March, April, May, and June and ending on the sixth day following such Tuesday.
Directs the Election Assistance Commission to establish procedures for the conduct of a lottery by March 1, 2010, to select which of four regions will hold the first primary.
Sets forth a rule for subsequent election cycles.
Provides that, in the case where a state elects to select delegates to a political party's national presidential nominating convention through a caucus, the state shall hold a caucus during the period in which its region is scheduled to hold a primary. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Access to Community Health
Centers (MATCH) Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that:
(1) National importance.--Community health centers serve as
the medical home and family physician to over 16,000,000 people
nationally. Patients of community health centers represent 1 in
7 low-income persons, 1 in 8 uninsured Americans, 1 in 9
Medicaid beneficiaries, 1 in 10 minorities, and 1 in 10 rural
residents.
(2) Health care safety net.--Because Federally qualified
health centers (FQHCs) are generally located in medically
underserved areas, the patients of Federally qualified health
centers are disproportionately low income, uninsured or
publicly insured, and minorities, and they frequently have
poorer health and more complicated, costly medical needs than
patients nationally. As a chief component of the health care
safety net, Federally qualified health centers are required by
regulation to serve all patients, regardless of insurance
status or ability to pay.
(3) Medicare beneficiaries.--Medicare beneficiaries are
typically less healthy and, therefore, costlier to treat than
other patients of Federally qualified health centers. Medicare
beneficiaries tend to have more complex health care needs as--
(A) more than half of Medicare patients have at
least 2 chronic conditions;
(B) 45 percent take 5 or more medications; and
(C) over half of Medicare beneficiaries have more
than 1 prescribing physician.
(4) Need to improve fqhc payment.--While the Centers for
Medicare & Medicaid Services have nearly 15 years' worth of
cost report data from Federally qualified health centers, which
would equip the agency to develop a new Medicare reimbursement
system, the agency has failed to update and improve the
Medicare FQHC payment system.
SEC. 3. EXPANSION OF MEDICARE-COVERED PRIMARY AND PREVENTIVE SERVICES
AT FEDERALLY QUALIFIED HEALTH CENTERS.
(a) In General.--Section 1861(aa)(3) of the Social Security Act (42
U.S.C. 1395x(aa)(3)) is amended to read as follows:
``(3) The term `Federally qualified health center services' means--
``(A) services of the type described in subparagraphs (A)
through (C) of paragraph (1), and such other ambulatory
services furnished by a Federally qualified health center for
which payment may otherwise be made under this title if such
services were furnished by a health care provider or health
care professional other than a Federally qualified health
center; and
``(B) preventive primary health services that a center is
required to provide under section 330 of the Public Health
Service Act,
when furnished to an individual as a patient of a Federally qualified
health center and such services when provided by a health care provider
or health care professional employed by or under contract with a
Federally qualified health center and for this purpose, any reference
to a rural health clinic or a physician described in paragraph (2)(B)
is deemed a reference to a Federally qualified health center or a
physician at the center, respectively. Services described in the
previous sentence shall be treated as billable visits for purposes of
payment to the Federally qualified health center.''.
(b) Conforming Amendment To Permit Payment for Hospital-Based
Services.--Section 1862(a)(14) of such Act (42 U.S.C. 1395y(a)(14)) is
amended by inserting ``Federally qualified health center services,''
after ``qualified psychologist services,''.
(c) Effective Dates.--The amendments made by subsections (a) and
(b) shall apply to services furnished on or after January 1, 2008.
SEC. 4. ESTABLISHMENT OF A MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR
FEDERALLY QUALIFIED HEALTH CENTER SERVICES.
(a) In General.--Paragraph (3) section 1833(a) of the Social
Security Act (42 U.S.C. 1395l(a)) is amended to read as follows:
``(3)(A) in the case of services described in section
1832(a)(2)(D)(i) the costs which are reasonable and related to
the furnishing of such services or which are based on such
other tests of reasonableness as the Secretary may prescribe in
regulations including those authorized under section
1861(v)(1)(A), less the amount a provider may charge as
described in clause (ii) of section 1866(a)(2)(A) but in no
case may the payment for such services (other than for items
and services described in 1861(s)(10)(A)) exceed 80 percent of
such costs; and
``(B) in the case of services described in section
1832(a)(2)(D)(ii) furnished by a Federally qualified health
center--
``(i) subject to clauses (iii) and (iv), for
services furnished on and after January 1, 2008, during
the center's fiscal year that ends in 2008, an amount
(calculated on a per visit basis) that is equal to 100
percent of the average of the costs of the center of
furnishing such services during such center's fiscal
years ending during 2006 and 2007 which are reasonable
and related to the cost of furnishing such services, or
which are based on such other tests of reasonableness
as the Secretary prescribes in regulations including
those authorized under section 1861(v)(1)(A) (except
that in calculating such cost in a center's fiscal
years ending during 2006 and 2007 and applying the
average of such cost for a center's fiscal year ending
during fiscal year 2008, the Secretary shall not apply
a per visit payment limit or productivity screen), less
the amount a provider may charge as described in clause
(ii) of section 1866(a)(2)(A), but in no case may the
payment for such services (other than for items or
services described in section 1861(s)(10)(A)) exceed 80
percent of such average of such costs;
``(ii) subject to clauses (iii) and (iv), for
services furnished during the center's fiscal year
ending during 2009 or a succeeding fiscal year, an
amount (calculated on a per visit basis and without the
application of a per visit limit or productivity
screen) that is equal to the amount determined under
this subparagraph for the center's preceding fiscal
year (without regard to any copayment)--
``(I) increased for a center's fiscal year
ending during 2009 by the percentage increase
in the MEI (as defined in section 1842(i)(3))
applicable to primary care services (as defined
in section 1842(i)(4)) for 2009 and increased
for a center's fiscal year ending during 2010
or any succeeding fiscal year by the percentage
increase for such year of a market basket of
Federally qualified health center costs as
developed and promulgated through regulations
by the Secretary; and
``(II) adjusted to take into account any
increase or decrease in the scope of services,
including a change in the type, intensity,
duration, or amount of services, furnished by
the center during the center's fiscal year,
less the amount a provider may charge as described in
clause (ii) of section 1866(a)(2)(A), but in no case
may the payment for such services (other than for items
or services described in section 1861(s)(10)(A)) exceed
80 percent of the amount determined under this clause
(without regard to any copayment);
``(iii) subject to clause (iv), in the case of an
entity that first qualifies as a Federally qualified
health center in a center's fiscal year ending after
2007--
``(I) for the first such center fiscal
year, an amount (calculated on a per visit
basis and without the application of a per
visit payment limit or productivity screen)
that is equal to 100 percent of the costs of
furnishing such services during such center
fiscal year based on the per visit payment
rates established under clause (i) or (ii) for
a comparable period for other such centers
located in the same or adjacent areas with a
similar caseload or, in the absence of such a
center, in accordance with the regulations and
methodology referred to in clause (i) or based
on such other tests of reasonableness (without
the application of a per visit payment limit or
productivity screen) as the Secretary may
specify, less the amount a provider may charge
as described in clause (ii) of section 1866
(a)(2)(A), but in no case may the payment for
such services (other than for items and
services described in section 1861(s)(10)(A))
exceed 80 percent of such costs; and
``(II) for each succeeding center fiscal
year, the amount calculated in accordance with
clause (ii); and
``(iv) with respect to Federally qualified health
center services that are furnished to an individual
enrolled with a MA plan under part C pursuant to a
written agreement described in section 1853(a)(4) (or,
in the case of MA private fee for service plan, without
such written agreement) the amount (if any) by which--
``(I) the amount of payment that would have
otherwise been provided under clauses (i),
(ii), or (iii) (calculated as if `100 percent'
were substituted for `80 percent' in such
clauses) for such services if the individual
had not been enrolled; exceeds
``(II) the amount of the payments received
under such written agreement (or, in the case
of MA private fee for service plans, without
such written agreement) for such services (not
including any financial incentives provided for
in such agreement such as risk pool payments,
bonuses, or withholds) less the amount the
Federally qualified health center may charge as
described in section 1857(e)(3)(B);''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to services furnished on or after January 1, 2008. | Medicare Access to Community Health Centers (MATCH) Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise the definition of "federally qualified health center services" to include ambulatory services furnished by a federally qualified health center (FQHC) for which payment may otherwise be made under Medicare if such services were furnished by a non-FQHC health care provider or health care professional employed by or under contract with an FQHC.
Permits payment for hospital-based services.
Provides for a Medicare prospective payment system (PPS) for Medicare-covered services provided by FQHCs. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Board Reform
Act of 2003''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RAILROAD COMPETITION
Sec. 101. Clarification of rail transportation policy.
Sec. 102. Fostering rail to rail competition.
Sec. 103. Simplified relief process for small captive grain shippers.
Sec. 104. Competitive rail service in terminal areas.
Sec. 105. Simplified standards for market dominance.
Sec. 106. Revenue adequacy determinations.
Sec. 107. Rail carrier service quality performance reports.
TITLE II--MISCELLANEOUS
Sec. 201. Effect of mergers on local communities and rail passenger
transportation.
Sec. 202. Use of facilities by commuter authorities.
Sec. 203. Side tracks.
Sec. 204. Public availability of water carrier tariffs.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Authorization of appropriations.
TITLE I--RAILROAD COMPETITION
SEC. 101. CLARIFICATION OF RAIL TRANSPORTATION POLICY.
Section 10101 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``In
regulating''; and
(2) by adding at the end the following:
``(b) Primary Objectives.--The primary objectives of the rail
transportation policy of the United States shall be--
``(1) to ensure effective competition among rail carriers
at origin and destination;
``(2) to maintain reasonable rates in the absence of
effective competition;
``(3) to maintain consistent and efficient rail
transportation service to shippers, including the timely
provision of railcars requested by shippers; and
``(4) to ensure that smaller carload and intermodal
shippers are not precluded from accessing rail systems due to
volume requirements.''.
SEC. 102. FOSTERING RAIL TO RAIL COMPETITION.
(a) Establishment of Rate.--Section 11101(a) of title 49, United
States Code, is amended by inserting after the first sentence the
following: ``Upon the request of a shipper, a rail carrier shall
establish a rate for transportation and provide service requested by
the shipper between any two points on the system of that carrier where
traffic originates, terminates, or may reasonably be interchanged. A
carrier shall establish a rate and provide service upon such request
without regard to--
``(1) whether the rate established is for only part of a
movement between an origin and a destination;
``(2) whether the shipper has made arrangements for
transportation for any other part of that movement; or
``(3) whether the shipper currently has a contract with any
rail carrier for part or all of its transportation needs over
the route of movement.
If such a contract exists, the rate established by the carrier shall
not apply to transportation covered by the contract.''.
(b) Review of Reasonableness of Rates.--Section 10701(d) of title
49, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) A shipper may challenge the reasonableness of any rate
established by a rail carrier in accordance with section 11101(a) or
with subsection (c) of this section. The Board shall determine the
reasonableness of the rate so challenged without regard to--
``(A) whether the rate established is for only part of a
movement between an origin and a destination;
``(B) whether the shipper has made arrangements for
transportation for any other part of that movement; or
``(C) whether the shipper currently has a contract with a
rail carrier for any part of the rail traffic at issue,
provided that the rate prescribed by the Board shall not apply
to transportation covered by such a contract.''.
SEC. 103. SIMPLIFIED RELIEF PROCESS FOR SMALL CAPTIVE GRAIN SHIPPERS.
(a) Limitation on Fees.--Notwithstanding any other provision of
law, the Surface Transportation Board shall not impose fees in excess
of $1,000 for services collected from an eligible facility in
connection with rail maximum rate complaints under part 1002 of title
49, Code of Federal Regulations.
(b) Simplified Rate and Service Relief.--Section 10701 of title 49,
United States Code, is amended by adding at the end thereof the
following:
``(e) Simplified Rates and Services.--
``(1) In general.--Notwithstanding any other provision of
law, a rail carrier may not charge a rate for shipments from or
to an eligible facility which results in a revenue-to-variable
cost percentage, using system average costs, for the
transportation service to which the rate applies that is
greater than 180 percent.
``(2) Acceptance of requests.--Notwithstanding any other
provision of law, a rail carrier shall accept all requests for
grain service from an eligible facility up to a maximum of 110
percent of the grain carloads shipped from or to the facility
in the immediately preceding calendar year. If, in a majority
of instances, a rail carrier does not in any 45-day period,
supply the number of grain cars so ordered by an eligible
facility or does not initiate service within 30 days of the
reasonably specified loading date, the eligible facility may
request that an alternative rail carrier provide the service
using the tracks of the original carrier. If the alternative
rail carrier agrees to provide such service, and such service
can be provided without substantially impairing the ability of
the carrier whose tracks reach the facility to use such tracks
to handle its own business, the Board shall order the
alternative carrier to commence service and to compensate the
other carrier for the use of its tracks. The alternative
carrier shall provide reasonable compensation to the original
carrier for the use of the original carrier's tracks.
``(3) Cancellation penalties.--A carrier may accept car
orders under paragraph (2) subject to reasonable penalties for
service requests that are canceled by the requester. If the
carrier fills such orders more than 15 days after the
reasonably specified loading date, the carrier may not assess a
penalty for canceled car orders.
``(4) Damages.--A rail carrier that fails to provide
service under the requirements of paragraph (2) is liable for
damages to an eligible facility that does not have access to an
alternative carrier, including lost profits, attorney's fees,
and any other consequences attributable to the carrier's
failure to provide the ordered service. A claim for such damage
may be brought in an appropriate United States District Court
or before the Board.
``(5) Timetable for board proceeding.--The Board shall
conclude any proceeding brought under this subsection no later
than 180 days from the date a complaint is filed.
``(6) Definitions.--In this subsection:
``(A) Eligible facility.--The term `eligible
facility' means a shipper facility that--
``(i) is the origin or destination for not
more than 4,000 carloads annually of grain as
defined in section 3(g) of the United States
Grain Standards Act (7 U.S.C. 75(g));
``(ii) is served by a single rail carrier
at its origin;
``(iii) has more than 60 percent of the
facility's inbound or outbound grain and grain
product shipments (excluding the delivery of
grain to the facility by producers), measured
by weight or bushels moved via a rail carrier
in the immediately preceding calendar year; and
``(iv) the rate charged by the rail carrier
for the majority of shipments of grain and
grain products from or to the facility,
excluding premium for special service programs,
results in a revenue-to-variable cost
percentage, using system average costs, for the
transportation to which the rate applies that
is equal to or greater than 180 percent.
``(B) Reasonable compensation.--The term
`reasonable compensation' shall mean an amount no
greater than the total shared costs of the original
carrier and the alternative carrier incurred, on a
usage basis, for the provision of service to an
eligible facility. If the carriers are unable to agree
on compensation terms within 15 days after the facility
requests service from the alternative carrier, the alternative carrier
or the eligible facility may request the Board to establish the
compensation and the Board shall establish the compensation within 45
days after such request is made.
``(C) Original carrier.--The term `original
carrier' means a rail carrier which provides the only
rail service to an eligible facility using its own
tracks or provides such service over an exclusive lease
of the tracks serving the eligible facility.
``(D) Alternative carrier.--The term `alternative
carrier' means a rail carrier that is not an original
carrier to an eligible facility.''.
SEC. 104. COMPETITIVE RAIL SERVICE IN TERMINAL AREAS.
(a) Trackage Rights.--Section 11102(a) of title 49, United States
Code, is amended--
(1) by striking ``may'' in the first sentence and inserting
``shall'';
(2) by inserting after ``business.'' the following: ``In
making this determination, the Board shall not require evidence
of anticompetitive conduct by the rail carrier from which
access is sought.''; and
(3) by striking ``may'' in the next-to-last sentence and
inserting ``shall''.
(b) Reciprocal Switching.--Section 11102(c)(1) of title 49, United
States Code, is amended--
(1) by striking ``may'' in the first sentence and inserting
``shall'';
(2) by inserting after ``service.'' the following: ``In
making this determination, the Board shall not require evidence
of anticompetitive conduct by the rail carrier from which
access is sought.''; and
(3) by striking ``may'' in the last sentence and inserting
``shall''.
SEC. 105. SIMPLIFIED STANDARDS FOR MARKET DOMINANCE.
Section 10707(d)(1)(A) of title 49, United States Code, is amended
by adding at the end thereof the following: ``The Board shall not
consider evidence of product or geographic competition in making a
market dominance determination under this section.''.
SEC. 106. REVENUE ADEQUACY DETERMINATIONS.
(a) Rail Transportation Policy.--Section 10101(a)(3) of title 49,
United States Code (as so redesignated by section 101 of this Act), is
amended by striking ``revenues, as determined by the Board;'' and
inserting ``revenues;''.
(b) Standards for Rates.--Section 10701(d)(2) of title 49, United
States Code, is amended by striking ``revenues, as established by the
Board under section 10704(a)(2) of this title'' and inserting
``revenues''.
(c) Revenue Adequacy Determinations.--Section 10704(a) of title 49,
United States Code, is amended--
(1) by striking ``(a)(1)'' and inserting ``(a)''; and
(2) by striking paragraphs (2) and (3).
SEC. 107. RAIL CARRIER SERVICE QUALITY PERFORMANCE REPORTS.
(a) In General.--Chapter 5 of subtitle I of title 49, United States
Code, is amended by adding at the end thereof the following:
``SUBCHAPTER III--PERFORMANCE REPORTS
``Sec. 541. Rail carrier service quality performance reports
``(a) In General.--The Secretary of Transportation shall require,
by regulation, each rail carrier to submit a monthly report to the
Secretary, in such uniform format as the Secretary may by regulation
prescribe, containing information about--
``(1) its on-time performance;
``(2) its car availability deadline performance;
``(3) its average train speed;
``(4) its average terminal dwell time;
``(5) the number of its cars loaded (by major commodity
group); and
``(6) such other aspects of its performance as a rail
carrier as the Secretary may require.
``(b) Information Furnished to STB; the Public.--The Secretary
shall furnish a copy of each report required under subsection (a) to
the Surface Transportation Board no later than the next business day
following its receipt by the Secretary, and shall make each such report
available to the public.
``(c) Annual Report to the Congress.--The Secretary shall transmit
to the Congress an annual report based upon information received by the
Secretary under this section.
``(d) Definitions.--In this section, the definitions in section
10102 apply.''.
(b) Conforming Amendment.--The chapter analysis for chapter 5 of
subtitle I of title 49, United States Code, is amended by adding at the
end thereof the following:
``SUBCHAPTER III--PERFORMANCE REPORTS
``541. Rail carrier service quality performance reports.''.
TITLE II--MISCELLANEOUS
SEC. 201. EFFECT OF MERGERS ON LOCAL COMMUNITIES AND RAIL PASSENGER
TRANSPORTATION.
Section 11324 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(6) the safety and environmental effects of the proposed
transaction, including the effect on local communities, and the
public interest in enforcing Federal, State, and local safety
and environmental laws; and
``(7) the effect of the proposed transaction on rail
passenger transportation.''; and
(2) in subsection (c), by inserting ``The Board shall
impose conditions under this subsection to mitigate the effects
of the transaction on local communities when such conditions
are in the public interest. In imposing such conditions, the
Board shall consider the effect of those conditions on local
communities, and shall consider the public interest in the
enforcement of Federal, State, and local safety and
environmental laws.'' after ``effects are alleviated.''.
SEC. 202. USE OF FACILITIES BY COMMUTER AUTHORITIES.
(a) Amendment.--Chapter 241 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 24105. Use of facilities by commuter authorities
``A commuter authority may make an agreement with a rail carrier or
regional transportation authority to use facilities of, and have
services provided by, the carrier or authority in the same manner and
under the same conditions as may Amtrak under section 24308. In
carrying out this section, the Board shall ensure that commuter
authorities are able to provide commuter rail passenger transportation
that develops the potential of modern rail transportation to meet the
commuter rail passenger transportation needs of the United States.''.
(b) Table of Sections.--The table of sections for such chapter 241
is amended by adding at the end the following new item:
``24105. Use of facilities by commuter authorities.''.
SEC. 203. SIDE TRACKS.
Section 10906 of title 49, United States Code, and the item
relating thereto in the table of sections of chapter 109 of that title,
are repealed.
SEC. 204. PUBLIC AVAILABILITY OF WATER CARRIER TARIFFS.
Section 13702(b) of title 49, United States Code, is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Tariff availability.--A carrier providing
transportation or service described in subsection (a)(1) shall
make its tariffs available electronically to any person,
without time, quantity, or other limitation, through
appropriate access from remote locations, and a reasonable
charge may be assessed for such access. No charge may be
assessed a Federal agency for such access.'';
(2) in paragraph (3), by striking ``tariff filings'' and
inserting ``tariffs'';
(3) in paragraph (4), by striking ``filed under this
subsection''; and
(4) in paragraph (5), by striking ``filing complete tariffs
under this subsection'' and inserting ``changing their complete
electronic tariffs''.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Section 705 of title 49, United States Code, is amended by striking
paragraphs (1) through (3) and inserting the following:
``(1) $20,000,000 for fiscal year 2004;
``(2) $25,000,000 for fiscal year 2005; and
``(3) $27,000,000 for fiscal year 2006.''. | Surface Transportation Board Reform Act of 2003 - Declares as primary objectives for U.S. rail transportation policy: (1) ensuring effective competition among rail carriers at origin and destination; (2) maintaining reasonable rates in the absence of such competition; (3) maintaining consistent and efficient rail transportation service to shippers, including the timely provision of railcars requested by them; and (4) ensuring that smaller carload and intermodal shippers are not precluded from assessing rail systems due to volume requirements. Requires a rail carrier, upon a shipper's request, to establish a rail transportation rate. Requires the Surface Transportation Board, if a shipper challenges the reasonableness of such a rate, to then determine its reasonableness without regard to specified factors.Sets forth certain requirements with respect to: (1) acceptance of requests for grain service by rail carriers; and (2) the Board's mandate to require terminal facilities owned by a rail carrier providing rail transportation to be used by another rail carrier. Requires the Board in a proceeding involving the approval of the merger or control of at least two Class I railroads to consider, among other things, at least the: (1) safety and environmental effects of the proposed transaction; and (2) the effect of such transaction on rail passenger transportation.Sets forth certain requirements with respect to: (1) the Board ensuring that commuter authorities are able to provide commuter rail passenger transportation that meets the commuter rail passenger transportation needs of the United States; and (2) water carriers making their tariffs containing the rates established for their transportation or service available electronically to any person. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Investment Security Act of
2005''.
SEC. 2. CONGRESSIONAL AUTHORITY UNDER DEFENSE PRODUCTION ACT.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended--
(1) in subsection (a)--
(A) by striking ``30'' and inserting ``60''; and
(B) by adding at the end the following: ``The
findings and recommendations of any such investigation
shall be sent immediately to the President and to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the
House of Representatives for review.'';
(2) in subsection (b)--
(A) by inserting before the first period ``, or in
such instance at the request of the chairman and
ranking member of the Committee on Banking, Housing,
and Urban Affairs of the Senate or the Committee on
Financial Services of the House of Representatives'';
(B) in paragraph (2), by inserting before the
period ``, and the findings and recommendations of such
investigation shall be sent immediately to the
President and to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives for
review''; and
(C) by striking ``30'' and inserting ``60'';
(3) in subsection (f)--
(A) by striking ``designee may'' and inserting
``designee shall'';
(B) in paragraph (4), by striking ``and'' at the
end;
(C) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) the long-term projections of United States
requirements for sources of energy and other critical resources
and materials and for economic security.'';
(4) in subsection (g)--
(A) by striking ``The President'' and inserting the
following:
``(1) In general.--The President''; and
(B) by adding at the end the following:
``(2) Quarterly submissions.--The Secretary of the Treasury
shall transmit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives on a quarterly basis, a
detailed summary and analysis of each merger, acquisition, or
takeover that is being reviewed, was reviewed during the
preceding 90-day period, or is likely to be reviewed in the
coming quarter by the President or the President's designee
under subsection (a) or (b). Each such summary and analysis
shall be submitted in unclassified form, with classified
annexes as the Secretary determines are required to protect
company proprietary information and other sensitive
information. Each such summary and analysis shall include an
appendix detailing dissenting views.''; and
(5) by adding at the end the following new subsections:
``(l) Congressional Authority.--
``(1) In general.--If the President does not suspend or
prohibit an acquisition, merger, or takeover under subsection
(d), the acquisition, merger, or takeover may not be
consummated until 10 legislative days after the President
notifies the Congress of the decision not to suspend or
prohibit. If a joint resolution objecting to the proposed
transaction is introduced in either House of Congress by the
chairman of one of the appropriate congressional committees
during such 10-legislative-day period, the transaction may not
be consummated until 30 legislative days after the date on
which such resolution is introduced.
``(2) Disapproval upon passage of resolution.--If a joint
resolution introduced under paragraph (1) is enacted into law,
the transaction may not be consummated.
``(3) Considerations.--The Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives shall review any
findings and recommendations submitted under subsection (a) or
(b), and any joint resolution under paragraph (1) of this
subsection shall be based on the factors outlined in subsection
(f).
``(4) Senate procedure.--Any joint resolution under
paragraph (1) shall be considered in the Senate in accordance
with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976 (Public
Law 94-329, 90 Stat. 765).
``(5) House consideration.--For the purpose of expediting
the consideration and enactment of a joint resolution under
paragraph (1), a motion to proceed to the consideration of any
such joint resolution shall be treated as highly privileged in
the House of Representatives.
``(m) Thorough Review.--The President, or the President's designee,
shall ensure that an acquisition, merger, or takeover that is completed
prior to a review or investigation under this section shall be fully
reviewed for national security considerations, even in the event that a
request for such review is withdrawn.''. | Foreign Investment Security Act of 2005 - Amends the Defense Production Act of 1950 relating to authorized investigations of the effects on national security of a proposed acquisition, merger, or takeover (transaction) by or with foreign persons which could result in foreign control of persons engaged in U.S. commerce to: (1) extend the time to commence such investigation; (2) require the findings and recommendations of any investigation to be sent immediately to the President and specified congressional committees for review; (3) require certain factors to be considered as part of such investigation, including the effect on domestic production and long-term projections of U.S. requirements for sources of energy and other critical resources; (4) direct the Secretary of the Treasury to report quarterly to such committees a detailed summary and analysis of each transaction being, or likely to be, reviewed; and (5) subject the President's decision not to suspend or prohibit a transaction to a congressional approval process. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Labor Relations Fair
Elections Act''.
SEC. 2. REFERENCE TO NATIONAL LABOR RELATIONS ACT.
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 National Labor Relations Act (29 U.S.C. 151 et seq.).
SEC. 3. REPRESENTATIVES AND ELECTIONS.
(a) In General.--Section 9(c) (29 U.S.C. 159(c)) is amended by
adding at the end thereof the following new paragraphs:
``(6)(A) Notwithstanding any other provision of this section, the
Board shall conduct an investigation whenever a petition is filed by an
employee or group of employees (or any individual or labor organization
acting in their behalf) alleging that--
``(i) 75 percent of the employees in a unit appropriate for
purposes of collective bargaining (under a rule established by
the Board pursuant to section 6 or a decision in the applicable
industry) have, by signing authorization cards, designated an
individual or labor organization as their representative as
defined in subsection (a), and
``(ii) no individual or labor organization is currently
certified or recognized as the exclusive representative of any
of the employees in such unit.
``(B) If the Board finds that the allegations specified in the
petition filed pursuant to subparagraph (A) are accurate, the Board
shall, within 15 days after the filing of the petition, issue an order
certifying such individual or organization as the representative as
defined in subsection (a).
``(7)(A) Notwithstanding any other provisions of section 9,
whenever a petition shall have been filed, in accordance with such
regulations as may be prescribed by the Board, by an employee or group
of employees or any individual or labor organization acting in their
behalf alleging that their employer declines to recognize their
representative as the representative defined in subsection (a) in a
unit appropriate for the purposes of collective bargaining under a rule
established by the Board pursuant to section 6 or a decision in the
applicable industry, that a majority of the employees in that unit have
designated that individual or labor organization as their
representative defined in subsection (a), and that no individual or
labor organization is currently certified or recognized as the
exclusive representative of any of the employees in the bargaining unit
defined in the petition, the Board shall investigate such petition. If
the Board finds that the unit there specified is a unit appropriate for
the purposes of collective bargaining under a rule established by the
Board pursuant to section 6 or a decision in the applicable industry,
and if the Board has reasonable cause to believe that a question of
representation affecting commerce exists and that the other conditions
specified in this subsection have been met, the Board shall within
seven days after the filing of the petition direct an election by
secret ballot not more than 15 days after a petition is filed under
this subparagraph and shall so notify the representative named in the
petition and the employer.
``(B) In any proceeding under this subsection in which the Board
directs an election by secret ballot, and which is not governed by
subparagraph (A) of this paragraph, the Board shall direct the election
on a date not more than 45 days after the filing of the petition and
shall inform the representatives named in the petition, the employer,
and all other interested parties of the election date not less than 15
days prior to the election except that, where the Board determines that
the proceeding presents issues of exceptional novelty or complexity,
the Board may direct the election on a date not more than 75 days after
the filing of said petition.
``(C) After an election conducted pursuant to subparagraph (A) or
(B) of this paragraph is completed, the Board shall promptly serve the
parties with a tally of the ballots.
``(D)(i) Any party to the election conducted pursuant to
subparagraphs (A) and (B) of this paragraph may, within five days after
such election, object to the election on the ground that conduct
contrary to a rule relating to election declared by the Board pursuant
to its authority under section 6 or conduct contrary to a rule of
decision declared by the Board in a proceeding under section 10 did
affect the result of the election.
``(ii) With regard to challenged ballots, the Board shall, where
such ballots are sufficient in number to affect the outcome of the
election, investigate the challenges and serve a report upon the
parties on challenges.
``(iii) The Board shall move expeditiously to resolve any issues
raised by the objections or regarding eligibility and to certify the
results of the election: Provided, That an objection that an election
was conducted under subparagraph (A) instead of subparagraph (B) shall
not be a basis for setting the election aside.''.
SEC. 4. AUTHORITY OF BOARD.
Section 6 (29 U.S.C. 156) is amended to read as follows:
``Sec. 6. (a) The Board is authorized to make, amend, and rescind
(in the manner prescribed by subchapter II of chapter 5 of title 5,
United States Code) such rules and regulations as may be necessary to
carry out the provisions of this Act.
``(b)(1) The Board shall, within 12 months after the date of
enactment of the National Labor Relations Fair Elections Act, issue
regulations to implement the provisions of section 9(c)(7) including
rules--
``(A) which shall, subject to reasonable conditions,
including due regard for the needs of the employer to maintain
the continuity of production, assure that if an employer or
employer representative addresses the employees on its premises
or during working time on issues relating to representation by
a labor organization during a period of time that employees are
seeking representation by a labor organization, the employees
shall be assured an equal opportunity to obtain in an
equivalent manner information concerning such issues from such
labor organization;
``(B) for classes of cases in which either the distance
from the Board's regional office to the election site or the
number of employees involved in the election makes it
infeasible to comply with the time limits stated in section
9(c)(7)(A), to extend to a maximum of 14 days the period for
directing an election stated in that subsection, and to a
maximum of 21 days the period for the holding of such an
election stated in that subsection;
``(C) to facilitate agreements concerning the eligibility
of voters; and
``(D) to govern the holding of elections in cases in which
an appeal has not been decided prior to the date of the
election.
``(2) The Board shall, to the fullest extent practicable, exercise
its authority under subsection (a) of this section to promulgate rules
declaring certain units to be appropriate for the purposes of
collective bargaining.
``(3) A rule or regulation issued by the Board with respect to the
subject matter set forth in paragraph (1) or (2) of this subsection
shall be judicially reviewable only in a proceeding under section 10 of
this Act and only on the grounds that the Board prejudicially violated
the requirements of subchapter II of chapter 5 of title 5, United
States Code, or that a rule or regulation of the Board is arbitrary or
capricious, contrary to a specific prohibition of this Act, or of the
Constitution. The failure of the Board to comply with the time
requirements set forth in paragraph (1) of this subsection, or to
institute a rulemaking proceeding with respect to the subject matter
set forth in paragraph (2) of this subsection, within a reasonable
period of time after a request for such a rulemaking procedure has been
filed with the Board pursuant to section 553(e) of title 5, United
States Code, or to complete such a procedure within a reasonable period
after its institution, may be reviewed at the behest of any aggrieved
party only in the United States Court of Appeals for the District of
Columbia Circuit. The United States Court of Appeals for the District
of Columbia Circuit shall have jurisdiction to grant appropriate
relief.''. | National Labor Relations Fair Elections Act - Amends the National Labor Relations Act to direct the National Labor Relations Board to provide for fair and expeditious employee representation elections.
Directs the Board to investigate expeditiously certain situations involving designation or election of individuals or labor organizations as employee representatives. Sets forth deadlines for the Board to conduct such investigations, as well as elections, tallies, and certifications of employee representatives.
Allows employees or labor organizations to petition for such Board actions by alleging certain conditions, such as: (1) 75 percent of the employees in a collective bargaining unit having signed authorization cards designating their representative; or (2) a majority of the employees in such a unit having designated their representative, which the employer declines to recognize.
Requires, in any case where the Board directs such an election to be held, that the election and tally be carried out within specified deadlines, and any objections to election results be resolved expeditiously. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Americans Sustainable Mobility
Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The population of the United States is aging in greater
numbers than ever before in the Nation's history.
(2) Dignified and sustainable mobility is essential for the
health, safety, and quality of life of older individuals, their
families, their communities, and the Nation.
(3) Older individuals who rely on the private automobile
for transportation need an acceptable alternative to driving so
they may safely transition from driving without unduly
compromising their independence, quality of life, and activity
in the community.
(4) Many older individuals have special, age-related
conditions, such as dementia and frailty, that special
transportation alternatives must effectively address.
(5) Many older individuals live in rural and suburban areas
that lack the density for traditional mass transit, and more
than half of all people age 65 or older live in communities
with no public transportation.
(6) The cost of addressing the transportation needs of
older individuals is outstripping the public resources
available, and that cost will only increase in the next 30
years as the Nation's population ages.
(7) Programs that provide increased mobility for older
individuals will promote economic growth and development by
moderating health care expenses, supporting family caregivers,
promoting volunteerism, fostering civic engagement, and
enriching community well-being through the participation of the
Nation's most experienced citizens.
(8) Models exist by which private nonprofit organizations
can provide economically sustainable, consumer-oriented senior
transportation alternatives, that address the transportation
needs of older individuals.
(9) Those models can be used to supplement, but not
displace, public transportation, and can also be successfully
replicated in communities where public transportation is
unavailable.
(10) It is appropriate for the Federal Government to
accelerate the availability of transportation alternatives for
older individuals through those models, and to test the
viability of constructing a nationwide network based on them.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a demonstration project to
develop a national network of economically sustainable transportation
providers and qualified transportation providers, to provide
transportation services to older individuals, and individuals who are
blind, in urban, suburban, and rural settings.
SEC. 4. DEFINITIONS.
In this Act:
(1) Economically sustainable transportation provider.--The
term ``economically sustainable transportation provider'' means
a nonprofit provider of transportation services that--
(A) submits to the Secretary and obtains approval
of a plan demonstrating that the provider is capable of
providing economically sustainable transportation
services through the National Network;
(B) on receiving a grant under section 6, connects
to the National Network and provides economically
sustainable transportation services through the
National Network in accordance with this Act; and
(C) on receiving a grant under section 7, provides
economically sustainable transportation services
through the National Network in accordance with this
Act.
(2) Economically sustainable transportation services.--The
term ``economically sustainable transportation services'' means
demand-responsive transportation services that are provided--
(A) by automobile;
(B) to qualified individuals and qualified
passengers;
(C) 24 hours a day, 7 days a week;
(D) by a combination of volunteer and paid drivers;
and
(E)(i) for a period of not more than 5 fiscal years
by a provider who is receiving Federal financial
assistance under this Act; and
(ii) after such period, by that provider without
receiving Federal or other public financial assistance
for the services.
(3) National network.--The term ``National Network'' means
a network of economically sustainable transportation providers
and qualified transportation providers that provides
transportation services to qualified individuals and qualified
passengers.
(4) Qualified individual.--The term ``qualified
individual'' means an individual who is--
(A) an older individual, as defined in section 102
of the Older Americans Act of 1965 (42 U.S.C. 3002); or
(B) an individual who is blind, within the meaning
of the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), an individual who has significant visual
impairment described in section 751 of the
Rehabilitation Act of 1973 (29 U.S.C. 796j), or an
individual who is eligible for benefits under title II
or XVI of the Social Security Act (42 U.S.C. 401 et
seq., 1381 et seq.) on the basis of blindness.
(5) Qualified passenger.--The term ``qualified passenger''
means an individual who is authorized by a qualified individual
to receive transportation services paid for in part or in whole
through the qualified transportation account of the qualified
individual.
(6) Qualified transportation account.--The term ``qualified
transportation account'' means an account established for a
qualified individual for the purpose of acquiring
transportation services from an economically sustainable
transportation provider or a qualified transportation provider.
(7) Qualified transportation provider.--The term
``qualified transportation provider'' means a nonprofit,
public, or licensed private transportation provider that--
(A) submits to the Secretary and obtains approval
of a plan demonstrating that the provider is capable of
providing transportation services through the National
Network; and
(B) on receiving a grant under section 6, connects
to the National Network and provides transportation
services through the National Network in accordance
with this Act.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Assistant
Secretary for Aging.
(9) Transportation services.--The term ``transportation
services'' means transportation of a passenger or a group of
passengers, along with the incidental goods or luggage of a
passenger described in this paragraph.
SEC. 5. DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary shall establish and carry out a
demonstration project to enable qualified individuals and qualified
passengers to obtain economically sustainable transportation services
from economically sustainable transportation providers and
transportation services from qualified transportation providers.
(b) Contract or Agreement.--In carrying out the demonstration
project, the Secretary shall enter into a contract or a cooperative
agreement with an eligible entity to provide recommendations to the
Secretary on appropriate requirements and other provisions for, and
administration of, the demonstration project.
(c) Eligible Entity.--To be eligible to enter into a contract or
agreement under subsection (b), an organization shall be a private
nonprofit organization with experience in replicating models for
economically sustainable transportation services.
(d) Activities.--An entity that enters into a contract or agreement
under this section shall--
(1) provide technical assistance and support to the
Secretary for the administration of the demonstration project;
(2) provide recommendations to the Secretary about the
establishment of, and requirements for, the National Network,
including requirements concerning locations where
transportation services will be provided through the network;
(3) provide recommendations to the Secretary for provisions
for the establishment of qualified transportation accounts for
the transportation services, including provisions that such an
account--
(A) may be funded with credits or funds equal to
the value of a vehicle traded to an economically
sustainable transportation provider by, or on behalf
of, a qualified individual, or by other means;
(B) shall be used only to provide transportation
services to the qualified individual or a qualified
passenger of the qualified individual;
(C) shall have a designated beneficiary; and
(D) shall be transferable to an individual other
than the qualified individual;
(4) provide recommendations to the Secretary for provisions
for the use of the qualified transportation accounts, including
the manner in which--
(A) an economically sustainable transportation
provider or a qualified transportation provider may
debit such an account in exchange for providing
transportation services to a qualified individual or
qualified passenger;
(B) the account may be terminated; and
(C) the credits or funds in the account may be
exchanged or withdrawn;
(5) provide recommendations to the Secretary regarding
requirements for, and the administration of, the national
network connection grant program described in section 6; and
(6) provide recommendations to the Secretary regarding
requirements for, and the administration of, the matching grant
program described in section 7.
(e) Provisions.--After receiving the recommendations described in
subsection (d), the Secretary shall establish the requirements and
other provisions described in subsection (d).
(f) Copyrights and Trademarks.--Nothing in this Act shall affect
the rights of the eligible entity under the copyright or trademark laws
of the United States. Nothing in this Act shall require the disclosure
of information to which Federal law relating to trade secrets
(including section 552(b)(4) of title 5, United States Code) applies.
In entering into a contract or cooperative agreement under this
section, the Secretary shall not establish any conditions that affect
such rights or require such disclosure.
(g) Incentive for Vehicles Traded to Economically Sustainable
Transportation Providers.--For purposes of the Internal Revenue Code of
1986, there shall be allowed as a credit against income tax of any
qualified individual under chapter 1 of such Code for any taxable year,
an amount equal to 30 percent of the value of transportation services
allocated to a qualified transportation account of such qualified
individual in exchange for the transfer of any motor vehicle by such
qualified individual to an economically sustainable transportation
provider during such taxable year. Such credit shall be treated as a
credit under subpart A of part IV of subchapter A of such chapter.
SEC. 6. NATIONAL NETWORK CONNECTION GRANT PROGRAM.
(a) Grants.--In carrying out the demonstration project, the
Secretary shall make grants to economically sustainable transportation
providers and qualified transportation providers to pay for the Federal
share of the costs of acquiring and using technology to connect to the
National Network.
(b) Amount.--The Secretary shall make a grant under this section in
an amount of not more than $25,000.
(c) Application.--To be eligible to receive a grant under this
section, a provider shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require.
(d) Federal Share.--The Federal share of the costs described in
subsection (a) shall be 50 percent. The provider shall provide the non-
Federal share of the costs in cash or in kind, fairly evaluated,
including plant, equipment, or services, except that not more than 10
percent of the costs may be provided in kind.
SEC. 7. MATCHING GRANT PROGRAM.
(a) Grants.--In carrying out the demonstration project, the
Secretary shall make grants to economically sustainable transportation
providers to pay for the Federal share of the costs of participating
in, and providing economically sustainable transportation services
through, the National Network (other than the costs described in
section 6(a)).
(b) Application.--To be eligible to receive a grant under this
section, a provider shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require.
(c) Federal Share.--The Federal share of the costs described in
subsection (a) shall be 50 percent. The provider shall provide the non-
Federal share of the costs in cash or in kind, fairly evaluated,
including plant, equipment, or services, except that not more than 10
percent of the costs may be provided in kind. The non-Federal share of
the costs provided in cash shall be provided through passenger fares,
including fares from qualified transportation accounts, and public
funds or private contributions from the community in which the provider
is located.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$25,000,000 for the period of fiscal years 2007 through 2011.
SEC. 9. TERMINATION.
This Act ceases to be effective 5 years after the date of enactment
of this Act. | Older Americans Sustainable Mobility Act of 2006 - Requires the Secretary of Health and Human Services, acting through the Assistant Secretary for Aging, to establish a demonstration project to enable qualified persons (specified older, blind, or visually impaired individuals and qualified passengers) to obtain: (1) economically sustainable transportation services (demand-responsive transportation services by automobile by a combination of volunteer and paid drivers) from economically sustainable transportation providers (nonprofit transportation providers that receive funding to connect to, and provide economically sustainable services through, a national network of transportation providers); and (2) transportation services from qualified transportation providers (nonprofit, public, or licensed private transportation providers that connect to and provide transportation through such network).
Allows an income tax credit for 30% of the value of transportation services allocated to a transportation account of a qualified individual in exchange for the transfer of a motor vehicle to an economically sustainable transportation provider.
Directs the Secretary to make grants to such transportation providers to pay for the federal share of the costs of acquiring and using technology to connect to the national network and the costs of participating in, and providing economically sustainable transportation services through, the network. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Clearance Management and Administration Act''.
SEC. 2. SECURITY CLEARANCE MANAGEMENT AND ADMINISTRATION.
(a) In General.--Title VII of the Homeland Security Act of 2002 is
amended--
(1) by inserting before section 701 (6 U.S.C. 341) the
following:
``Subtitle A--Headquarters Activities'';
and
(2) by adding at the end the following new subtitle:
``Subtitle B--Security Clearances
``SEC. 711. DESIGNATION OF NATIONAL SECURITY SENSITIVE AND PUBLIC TRUST
POSITIONS.
``(a) In General.--The Secretary shall require the designation of
the sensitivity level of national security positions (pursuant to part
1400 of title 5, Code of Federal Regulations, or similar successor
regulation) be conducted in a consistent manner with respect to all
components and offices of the Department, and consistent with Federal
guidelines.
``(b) Implementation.--In carrying out subsection (a), the
Secretary shall require the utilization of uniform designation tools
throughout the Department and provide training to appropriate staff of
the Department on such utilization. Such training shall include
guidance on factors for determining eligibility for access to
classified information and eligibility to hold a national security
position.
``SEC. 712. REVIEW OF POSITION DESIGNATIONS.
``(a) In General.--Not later than July 6, 2017, and every 5 years
thereafter, the Secretary shall review all sensitivity level
designations of national security positions (pursuant to part 1400 of
title 5, Code of Federal Regulations, or similar successor regulation)
at the Department.
``(b) Determination.--If during the course of a review required
under subsection (a), the Secretary determines that a change in the
sensitivity level of a position that affects the need for an individual
to obtain access to classified information is warranted, such access
shall be administratively adjusted and an appropriate level periodic
reinvestigation completed, as necessary.
``(c) Congressional Reporting.--Upon completion of each review
required under subsection (a), the Secretary shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
on the findings of each such review, including the number of positions
by classification level and by component and office of the Department
in which the Secretary made a determination in accordance with
subsection (b) to--
``(1) require access to classified information;
``(2) no longer require access to classified information;
or
``(3) otherwise require a different level of access to
classified information.
``SEC. 713. AUDITS.
``Beginning not later than 180 days after the date of the enactment
of this section, the Inspector General of the Department shall conduct
regular audits of compliance of the Department with part 1400 of title
5, Code of Federal Regulations, or similar successor regulation.
``SEC. 714. REPORTING.
``(a) In General.--The Secretary shall annually through fiscal year
2021 submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the following:
``(1) The number of denials, suspensions, revocations, and
appeals of the eligibility for access to classified information
of an individual throughout the Department.
``(2) The date and status or disposition of each reported
action under paragraph (1).
``(3) The identification of the sponsoring entity, whether
by a component, office, or headquarters of the Department, of
each action under paragraph (1), and description of the grounds
for each such action.
``(4) Demographic data, including data relating to race,
sex, national origin, and disability, of each individual for
whom eligibility for access to classified information was
denied, suspended, revoked, or appealed, and the number of
years that each such individual was eligible for access to such
information.
``(5) In the case of a suspension in excess of 180 days, an
explanation for such duration.
``(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form and be made publicly available, but may
include a classified annex for any sensitive or classified information
if necessary.
``SEC. 715. UNIFORM ADJUDICATION, SUSPENSION, DENIAL, AND REVOCATION.
``Not later than 1 year after the date of the enactment of this
section, the Secretary, in consultation with the Homeland Security
Advisory Committee, shall develop a plan to achieve greater uniformity
within the Department with respect to the adjudication of eligibility
of an individual for access to classified information that are
consistent with the Adjudicative Guidelines for Determining Access to
Classified Information published on December 29, 2005, or similar
successor regulation. The Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate the plan. The
plan shall consider the following:
``(1) Mechanisms to foster greater compliance with the
uniform Department adjudication, suspension, denial, and
revocation standards by the head of each component and office
of the Department with the authority to adjudicate access to
classified information.
``(2) The establishment of an internal appeals panel
responsible for final national security clearance denial and
revocation determinations that is comprised of designees who
are career, supervisory employees from components and offices
of the Department with the authority to adjudicate access to
classified information and headquarters, as appropriate.
``SEC. 716. DATA PROTECTION.
``The Secretary shall ensure that all information received for the
adjudication of eligibility of an individual for access to classified
information that is consistent with the Adjudicative Guidelines for
Determining Access to Classified Information published on December 29,
2005, or similar successor regulation, and is protected against
misappropriation.
``SEC. 717. REFERENCE.
``Except as otherwise provided, for purposes of this subtitle, any
reference to the `Department' includes all components and offices of
the Department.''.
(b) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended--
(1) by inserting before the item relating to section 701
the following new item:
``Subtitle A--Headquarters Activities'';
and
(2) by inserting after the item relating to section 707 the
following new items:
``Subtitle B--Security Clearances
``Sec. 711. Designation of national security sensitive and public trust
positions.
``Sec. 712. Review of position designations.
``Sec. 713. Audits.
``Sec. 714. Reporting.
``Sec. 715. Uniform adjudication, suspension, denial, and revocation.
``Sec. 716. Data protection.
``Sec. 717. Reference.''.
Passed the House of Representatives November 2, 2015.
Attest:
KAREN L. HAAS,
Clerk. | . Department of Homeland Security Clearance Management and Administration Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to require that the designation of the sensitivity level of national security positions be conducted in a consistent manner in all Department of Homeland Security (DHS) components and offices, consistent with federal guidelines. DHS must use uniform designation tools throughout DHS and provide training to appropriate staff. The bill requires DHS: (1) by July 6, 2017, and every five years thereafter, to review all sensitivity level designations of national security positions at DHS; (2) if it determines that a change in the sensitivity level is warranted, to administratively adjust access and complete an appropriate level periodic reinvestigation; and (3) to report on such positions requiring access to classified information, no longer requiring access, or requiring a different level of access. DHS's Inspector General must conduct regular audits of DHS compliance with regulations regarding such designations. DHS must submit an annual report, through FY2021, on the denials, suspensions, revocations, and appeals of an individual's eligibility for access to classified information in DHS. DHS must: (1) develop a plan to achieve greater uniformity regarding the adjudication of eligibility of an individual for access to classified information that is consistent with the Adjudicative Guidelines for Determining Access to Classified Information, and (2) ensure that all information received for such adjudication is consistent with such Guidelines and is protected against misappropriation. The plan shall consider the establishment of an internal appeals panel responsible for final national security clearance denial and revocation determinations. | billsum_train |
Create a summary of the following text: PROCESSES TO BE AUTHORIZED IN
ALL DISTRICT COURTS.
Section 651 of title 28, United States Code, is amended to read as
follows:
``Sec. 651. Authorization of alternative dispute resolution
``(a) Definition.--For purposes of this chapter, an alternative
dispute resolution process includes any process or procedure, other
than an adjudication by a presiding judge, in which a neutral third
party participates to assist in the resolution of issues in
controversy, through processes such as early neutral evaluation,
mediation, minitrial, and arbitration as provided in sections 654
through 658.
``(b) Authority.--Each United States district court shall
authorize, by local rule adopted under section 2071(a), the use of
alternative dispute resolution processes in all civil actions,
including adversary proceedings in bankruptcy, in accordance with this
chapter, except that the use of arbitration may be authorized only as
provided in section 654. Each United States district court shall devise
and implement its own alternative dispute resolution program, by local
rule adopted under section 2071(a), to encourage and promote the use of
alternative dispute resolution in its district.
``(c) Existing Alternative Dispute Resolution Programs.--In those
courts where an alternative dispute resolution program is in place on
the date of the enactment of the Alternative Dispute Resolution Act of
1998, the court shall examine the effectiveness of that program and
adopt such improvements to the program as are consistent with the
provisions and purposes of this chapter.
``(d) Administration of Alternative Dispute Resolution Programs.--
Each United States district court shall designate an employee, or a
judicial officer, who is knowledgeable in alternative dispute
resolution practices and processes to implement, administer, oversee,
and evaluate the court's alternative dispute resolution program. Such
person may also be responsible for recruiting, screening, and training
attorneys to serve as neutrals and arbitrators in the court's
alternative dispute resolution program.
``(e) Title 9 Not Affected.--This chapter shall not affect title 9,
United States Code.
``(f) Program Support.--The Federal Judicial Center and the
Administrative Office of the United States Courts are authorized to
assist the district courts in the establishment and improvement of
alternative dispute resolution programs by identifying particular
practices employed in successful programs and providing additional
assistance as needed and appropriate.''.
SEC. 4. JURISDICTION.
Section 652 of title 28, United States Code, is amended to read as
follows:
``Sec. 652. Jurisdiction
``(a) Consideration of Alternative Dispute Resolution in
Appropriate Cases.--Notwithstanding any provision of law to the
contrary and except as provided in subsections (b) and (c), each
district court shall, by local rule adopted under section 2071(a),
require that litigants in all civil cases consider the use of an
alternative dispute resolution process at an appropriate stage in the
litigation. Each district court shall provide litigants in all civil
cases with at least one alternative dispute resolution process,
including, but not limited to, mediation, early neutral evaluation,
minitrial, and arbitration as authorized in sections 654 through 658.
Any district court that elects to require the use of alternative
dispute resolution in certain cases may do so only with respect to
mediation, early neutral evaluation, and, if the parties consent,
arbitration.
``(b) Actions Exempted From Consideration of Alternative Dispute
Resolution.--Each district court may exempt from the requirements of
this section specific cases or categories of cases in which use of
alternative dispute resolution would not be appropriate. In defining
these exemptions, each district court shall consult with members of the
bar, including the United States Attorney for that district.
``(c) Authority of the Attorney General.--Nothing in this section
shall alter or conflict with the authority of the Attorney General to
conduct litigation on behalf of the United States, with the authority
of any Federal agency authorized to conduct litigation in the United
States courts, or with any delegation of litigation authority by the
Attorney General.
``(d) Confidentiality Provisions.--Until such time as rules are
adopted under chapter 131 of this title providing for the
confidentiality of alternative dispute resolution processes under this
chapter, each district court shall, by local rule adopted under section
2071(a), provide for the confidentiality of the alternative dispute
resolution processes and to prohibit disclosure of confidential dispute
resolution communications.''.
SEC. 5. MEDIATORS AND NEUTRAL EVALUATORS.
Section 653 of title 28, United States Code, is amended to read as
follows:
``Sec. 653. Neutrals
``(a) Panel of Neutrals.--Each district court that authorizes the
use of alternative dispute resolution processes shall adopt appropriate
processes for making neutrals available for use by the parties for each
category of process offered. Each district court shall promulgate its
own procedures and criteria for the selection of neutrals on its
panels.
``(b) Qualifications and Training.--Each person serving as a
neutral in an alternative dispute resolution process should be
qualified and trained to serve as a neutral in the appropriate
alternative dispute resolution process. For this purpose, the district
court may use, among others, magistrate judges who have been trained to
serve as neutrals in alternative dispute resolution processes,
professional neutrals from the private sector, and persons who have
been trained to serve as neutrals in alternative dispute resolution
processes. Until such time as rules are adopted under chapter 131 of
this title relating to the disqualification of neutrals, each district
court shall issue rules under section 2071(a) relating to the
disqualification of neutrals (including, where appropriate,
disqualification under section 455 of this title, other applicable law,
and professional responsibility standards).''.
SEC. 6. ACTIONS REFERRED TO ARBITRATION.
Section 654 of title 28, United States Code, is amended to read as
follows:
``Sec. 654. Arbitration
``(a) Referral of Actions to Arbitration.--Notwithstanding any
provision of law to the contrary and except as provided in subsections
(a), (b), and (c) of section 652 and subsection (d) of this section, a
district court may allow the referral to arbitration of any civil
action (including any adversary proceeding in bankruptcy) pending
before it when the parties consent, except that referral to arbitration
may not be made where--
``(1) the action is based on an alleged violation of a right
secured by the Constitution of the United States;
``(2) jurisdiction is based in whole or in part on section 1343
of this title; or
``(3) the relief sought consists of money damages in an amount
greater than $150,000.
``(b) Safeguards in Consent Cases.--Until such time as rules are
adopted under chapter 131 of this title relating to procedures
described in this subsection, the district court shall, by local rule
adopted under section 2071(a), establish procedures to ensure that any
civil action in which arbitration by consent is allowed under
subsection (a)--
``(1) consent to arbitration is freely and knowingly obtained;
and
``(2) no party or attorney is prejudiced for refusing to
participate in arbitration.
``(c) Presumptions.--For purposes of subsection (a)(3), a district
court may presume damages are not in excess of $150,000 unless counsel
certifies that damages exceed such amount.
``(d) Existing Programs.--Nothing in this chapter is deemed to
affect any program in which arbitration is conducted pursuant to
section title IX of the Judicial Improvements and Access to Justice Act
(Public Law 100-702), as amended by section 1 of Public Law 105-53.''.
SEC. 7. ARBITRATORS.
Section 655 of title 28, United States Code, is amended to read as
follows:
``Sec. 655. Arbitrators
``(a) Powers of Arbitrators.--An arbitrator to whom an action is
referred under section 654 shall have the power, within the judicial
district of the district court which referred the action to
arbitration--
``(1) to conduct arbitration hearings;
``(2) to administer oaths and affirmations; and
``(3) to make awards.
``(b) Standards for Certification.--Each district court that
authorizes arbitration shall establish standards for the certification
of arbitrators and shall certify arbitrators to perform services in
accordance with such standards and this chapter. The standards shall
include provisions requiring that any arbitrator--
``(1) shall take the oath or affirmation described in section
453; and
``(2) shall be subject to the disqualification rules under
section 455.
``(c) Immunity.--All individuals serving as arbitrators in an
alternative dispute resolution program under this chapter are
performing quasi-judicial functions and are entitled to the immunities
and protections that the law accords to persons serving in such
capacity.''.
SEC. 8. SUBPOENAS.
Section 656 of title 28, United States Code, is amended to read as
follows:
``Sec. 656. Subpoenas
``Rule 45 of the Federal Rules of Civil Procedure (relating to
subpoenas) applies to subpoenas for the attendance of witnesses and the
production of documentary evidence at an arbitration hearing under this
chapter.''.
SEC. 9. ARBITRATION AWARD AND JUDGMENT.
Section 657 of title 28, United States Code, is amended to read as
follows:
``Sec. 657. Arbitration award and judgment
``(a) Filing and Effect of Arbitration Award.--An arbitration award
made by an arbitrator under this chapter, along with proof of service
of such award on the other party by the prevailing party or by the
plaintiff, shall be filed promptly after the arbitration hearing is
concluded with the clerk of the district court that referred the case
to arbitration. Such award shall be entered as the judgment of the
court after the time has expired for requesting a trial de novo. The
judgment so entered shall be subject to the same provisions of law and
shall have the same force and effect as a judgment of the court in a
civil action, except that the judgment shall not be subject to review
in any other court by appeal or otherwise.
``(b) Sealing of Arbitration Award.--The district court shall
provide, by local rule adopted under section 2071(a), that the contents
of any arbitration award made under this chapter shall not be made
known to any judge who might be assigned to the case until the district
court has entered final judgment in the action or the action has
otherwise terminated.
``(c) Trial de Novo of Arbitration Awards.--
``(1) Time for filing demand.--Within 30 days after the filing
of an arbitration award with a district court under subsection (a),
any party may file a written demand for a trial de novo in the
district court.
``(2) Action restored to court docket.--Upon a demand for a
trial de novo, the action shall be restored to the docket of the
court and treated for all purposes as if it had not been referred
to arbitration.
``(3) Exclusion of evidence of arbitration.--The court shall
not admit at the trial de novo any evidence that there has been an
arbitration proceeding, the nature or amount of any award, or any
other matter concerning the conduct of the arbitration proceeding,
unless--
``(A) the evidence would otherwise be admissible in the
court under the Federal Rules of Evidence; or
``(B) the parties have otherwise stipulated.''.
SEC. 10. COMPENSATION OF ARBITRATORS AND NEUTRALS.
Section 658 of title 28, United States Code, is amended to read as
follows:
``Sec. 658. Compensation of arbitrators and neutrals
``(a) Compensation.--The district court shall, subject to
regulations approved by the Judicial Conference of the United States,
establish the amount of compensation, if any, that each arbitrator or
neutral shall receive for services rendered in each case under this
chapter.
``(b) Transportation Allowances.--Under regulations prescribed by
the Director of the Administrative Office of the United States Courts,
a district court may reimburse arbitrators and other neutrals for
actual transportation expenses necessarily incurred in the performance
of duties under this chapter.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year such
sums as may be necessary to carry out chapter 44 of title 28, United
States Code, as amended by this Act.
SEC. 12. CONFORMING AMENDMENTS.
(a) Limitation on Money Damages.--Section 901 of the Judicial
Improvements and Access to Justice Act (28 U.S.C. 652 note), is amended
by striking subsection (c).
(b) Other Conforming Amendments.--(1) The chapter heading for
chapter 44 of title 28, United States Code, is amended to read as
follows:
``CHAPTER 44--ALTERNATIVE DISPUTE RESOLUTION''.
(2) The table of contents for chapter 44 of title 28, United States
Code, is amended to read as follows:
``Sec.
``651. Authorization of alternative dispute resolution.
``652. Jurisdiction.
``653. Neutrals.
``654. Arbitration.
``655. Arbitrators.
``656. Subpoenas.
``657. Arbitration award and judgment.
``658. Compensation of arbitrators and neutrals.''.
(3) The item relating to chapter 44 in the table of chapters for
Part III of title 28, United States Code, is amended to read as
follows:
``44. Alternative Dispute Resolution..............................651''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Alternative Dispute Resolution Act of 1998 - Replaces Federal judicial code arbitration provisions with alternative dispute resolution (ADR) provisions.
Directs each U.S. district court to: (1) authorize the use of ADR processes in all civil actions; (2) devise and implement its own ADR program to encourage and promote the use of ADR in its district; (3) examine the effectiveness of existing ADR programs and adopt appropriate improvements; and (4) retain or designate an employee or judicial officer who is knowledgeable in ADR practices and processes to implement, administer, oversee, and evaluate the court's ADR program.
Authorizes the Federal Judicial Center and the Administrative Office of the United States Courts to assist the district courts in the establishment and improvement of ADR programs.
(Sec. 4) Directs each district court to: (1) require that litigants in all civil cases consider the use of an ADR process at an appropriate stage in the litigation; and (2) provide litigants in all civil cases with at least one ADR process. Allows any district court that elects to require the use of ADR in certain cases to do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration. Authorizes each court to exempt from requirements of this section cases in which arbitration would not be appropriate. Requires each court to provide for the confidentiality of ADR processes and to prohibit disclosure of confidential dispute resolution communications.
(Sec. 5) Requires each district court that authorizes the use of ADR processes to adopt appropriate processes for making neutrals available for use by the parties for each category of process offered. Sets forth provisions regarding neutral selection, qualifications, and training.
(Sec. 6) Authorizes a district court to allow the referral to arbitration of any civil action pending before it, when the parties consent, except where: (1) the action is based on an alleged violation of a right secured by the Constitution; (2) jurisdiction is based on Federal civil rights and elective franchise provisions; or (3) the relief sought consists of money damages exceeding $150,000. Directs the district court to establish interim procedures to ensure that consent to arbitration is freely and knowingly obtained and that no party or attorney is prejudiced for refusing to participate in arbitration.
(Sec. 7) Empowers ADR arbitrators to: (1) conduct arbitration hearings; (2) administer oaths and affirmations; and (3) make awards. Requires district courts to establish standards for arbitrator certification. Entitles arbitrators in an ADR program to the immunities and protections that the law accords to persons serving in a quasi-judicial capacity.
(Sec. 8) Makes Federal Rule of Civil Procedure 45 (relating to subpoenas) applicable to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing.
(Sec. 9) Sets forth provisions regarding: (1) filing procedures and the effect of an arbitration award and judgment; (2) the sealing of such award until the court enters its final judgment or the action has otherwise terminated; and (3) filing deadlines, restoration to the court docket, and the exclusion of evidence of arbitration with respect to a trial de novo of arbitration awards.
(Sec. 10) Directs the district court to establish the amount of compensation that each neutral shall receive for services rendered.
(Sec. 11) Authorizes appropriations. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asset Forfeiture Act of 1993''.
SEC. 2. CHAPTER 63 AMENDMENTS.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1347. Criminal forfeiture
``(a) In General.--A person convicted of a violation of section
1341 or 1343 of this title shall, notwithstanding any provision of
State law, forfeit to the United States any property constituting or
derived from any proceeds which the person obtained directly or
indirectly from a scheme in violation of either of such sections.
``(b) Procedures of Controlled Substances Act Applicable.--With
respect to a forfeiture under this section for a violation of this
chapter, the provisions of subsections (b), (c), (e), (f), (g), (i),
(k), (l), (m), (n), and (o) of section 413 of the Controlled Substances
Act apply as they would to a forfeiture under that section for a
violation of the Controlled Substances Act.
``(c) Disposition of Property.--After a seizure of property ordered
forfeited under this section, the Attorney General shall dispose of the
property under section 1349 of this title. The Postal Service shall
turn any such seized property over to the Attorney General for disposal
under such section.
``(d) Substitute Assets.--If any of the property subject to
forfeiture under this section, as a result of conduct of the
defendant--
``(1) cannot be located upon the exercise of due diligence;
``(2) has been transferred or sold to, or deposited with, a
third party;
``(3) has been placed beyond the jurisdiction of the court;
``(4) has been substantially diminished in value; or
``(5) has been commingled with other property which cannot
be divided without difficulty;
the court shall order the forfeiture of any other property of the
defendant up to the value of any property described in paragraphs (1)
through (5) of this subsection.
``Sec. 1348. Civil forfeiture
``(a) Property Subject to Civil Forfeiture.--Any property, as
defined by subsection (b) of section 413 of the Controlled Substances
Act, constituting or derived from any proceeds of a scheme in violation
of section 1341 or 1343 of this title shall be subject to forfeiture to
the United States.
``(b) Seizure.--(1) Except as provided in paragraph (2), any
property subject to forfeiture to the United States under this section
may be seized by the Attorney General or the Postal Service upon
process issued pursuant to the Supplemental Rules for Certain Admiralty
and Maritime Claims by any district court of the United States having
jurisdiction over the property.
``(2) The Attorney General or the Postal Service may seize such
property without such process when--
``(A) the seizure is incident to a lawful arrest or search;
or
``(B) such property has been the subject of a prior
judgment in favor of the United States in a criminal injunction
or forfeiture proceeding under section 1347 of this title.
``(3) The Government may seek the issuance of a warrant authorizing
the seizure of property subject to forfeiture under this section in the
same manner as provided for a search warrant under the Federal Rules of
Criminal Procedure.
``(c) Procedural Matters.--(1) With respect to a forfeiture of
property under this section, the provisions of subsections (c), (d),
(h), and (j) of section 511 of the Controlled Substances Act apply as
they would to a forfeiture of property under that section, and the
Postal Service may also perform any of the functions the Attorney
General may perform under such subsections.
``(2) The filing of an indictment or information alleging a
violation of section 1341 or 1343 of this title which is also related
to a civil forfeiture proceeding under either section shall, upon
motion of the United States and for good cause shown, stay the civil
forfeiture proceeding.
``(d) Disposition of Property.--After a seizure of property ordered
forfeited under this section, the Attorney General or the Postal
Service shall dispose of the property under section 1349 of this title.
``Sec. 1349. Disposition of forfeited property
``(a) In General.--After making due provision for the rights of any
innocent persons, the Attorney General, after deducting the costs
incurred by the United States in conducting the seizure, forfeiture,
and identification of victims, shall deposit the property forfeited or
the proceeds from the sale of property forfeited under section 1347 or
1348 of this title in the Department of Justice Assets Forfeiture Fund
established by section 524(c) of title 28. The Postal Service may
exercise the authority of the Attorney General in conducting
administrative forfeitures and shall deposit the property forfeited or
the proceeds of the property forfeited in the Postal Service Fund under
section 2003(b)(7) of title 39. Any property right or interest not
exercisable by, or transferable for value to, the United States shall
expire and shall not revert to the defendant. Neither the defendant nor
any person acting in concert with the defendant or on the defendant's
behalf is eligible to purchase forfeited property sold by the United
States.
``(b) Restraint Pending Appeal.--Upon application of a person other
than the defendant or a person acting in concert with the defendant or
on the defendant's behalf, the court may restrain or stay the sale or
disposition of the property pending the conclusion of any appeal in the
case giving rise to the forfeiture, if the applicant demonstrates that
proceeding with the sale or disposition will result in irreparable harm
to the applicant.
``(c) Rules for Disposition.--The Attorney General and the Postal
Service shall make rules providing for the disposition of such property
and proceeds. Such rules shall provide that the Attorney General or the
Postal Service may--
``(1) retain the property for official use;
``(2) transfer the property to Federal, State, or local law
enforcement agencies so as to reflect generally the
contribution of such agencies to the seizure or forfeiture of
such property;
``(3) sell any forfeited property which is not required to
be destroyed by law and which is not harmful to the public;
``(4) require that the General Services Administration take
custody of the property and dispose of it in accordance with
law;
``(5) restore forfeited property to victims of an offense
described in subsection (a);
``(6) destroy the property if it is harmful to the public
or the expense of sale would exceed the amount realized from
the sale; or
``(7) dispose of such funds or property as otherwise
provided by law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of title 18, United States Code, is amended by adding at the
end the following new items:
``1347. Criminal forfeiture.
``1348. Civil forfeiture.
``1349. Disposition of forfeited property.''. | Asset Forfeiture Act of 1993 - Amends the Federal criminal code to provide for the criminal and civil forfeiture of the proceeds of mail and wire fraud. Makes the forfeiture procedures of the Controlled Substances Act applicable to forfeitures under this Act.
Permits courts to order the forfeiture of substitute assets if the property subject to forfeiture under this Act: (1) cannot be located; (2) has been transferred to a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value; or (5) has been commingled with other property.
Sets forth: (1) procedures for the seizure of property subject to forfeiture; and (2) procedures and rules for the disposition of forfeited property (first making due provision for the rights of any innocent persons). | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Aid for Skill Enhancement
Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Approximately 3,500,000 students (18 percent of all
undergraduate students) attend institutions on a less than
half-time basis.
(2) Currently, students who are not in a degree-seeking
program, or attend school less than half-time, are not eligible
for federal financial aid.
(3) Individuals in the 21st century workforce will be
expected to enhance their skills on a regular basis in order to
keep up with constantly changing technology.
(4) Time and cost are the most frequently reported barriers
to participation in work-related courses.
(5) Access to financial aid must be more widely available
to people who have family or work responsibilities, or both.
(6) Employers will require that workers in the 21st century
economy have training beyond high school.
(7) Job security and success in the 21st century economy
will be dependent on workers access to lifelong learning
skills.
(8) Approximately 20 percent of United States workers are
landing jobs with employers that offer job security, training,
and opportunities for lifelong learning.
(9) Approximately 40 percent of American workers are not
receiving education after high school. These workers may not be
able to compete for the best jobs in the 21st century economy.
(10) As America is forced to compete increasingly in a
global marketplace, employers must have the best trained
workforce in the world.
(11) Employers must have the domestic capacity to fill the
jobs of the 21st century economy.
SEC. 3. ESTABLISHMENT OF PROGRAM.
Part D of title IV of the Higher Education Act of 1965 is amended
by inserting after section 460 (20 U.S.C. 1087j) the following new
section:
``SEC. 460A. DIRECT LOANS FOR LESS-THAN-HALF-TIME STUDENTS.
``(a) Purpose.--It is the purpose of this section to establish a
direct loan program at qualifying public institutions to provide loans
to less-than-half-time students to cover the costs of programs
providing instruction to enable those students to acquire or improve
job skills.
``(b) Program Authority.--From the funds appropriated under
subsection (g), the Secretary shall provide funds to qualifying public
institutions, or consortia thereof, that have entered into agreements
with the Secretary under subsection (c), or to alternative originators
designated by the Secretary, to make loans to eligible part-time
students at those institutions in accordance with the requirements of
this section.
``(c) Participation Agreements.--
``(1) Eligibility of institutions; consortia.--The
Secretary shall enter into a participation agreement under this
subsection with any qualifying public institution, or consortia
thereof, that submits to the Secretary a request for
participation and a demonstration of its status as a qualifying
public institution. Subject to such requirements as the
Secretary may prescribe, two or more qualifying public
institutions may apply to the Secretary as consortia to enter
into agreements with the Secretary to originate loans under
this section for students in attendance at such institutions.
``(2) Alternative originators.--The Secretary shall, by
regulation, establish qualifications for an organization to
enter into an agreement with the Secretary as an alternative
originator.
``(3) Terms of agreements.--An agreement under this section
shall--
``(A) provide for the establishment and maintenance
of a direct student loan program at the institution
under which the institution will--
``(i) identify eligible part-time students
who seek student financial assistance at such
institution;
``(ii) determine the amount of eligible
education expenses of such students;
``(iii) provide a statement that certifies
the eligibility of any student to receive a
loan under this section that is not in excess
of such eligible educational expenses;
``(iv) provide timely and accurate
information--
``(I) concerning the status of
student borrowers while such students
are in attendance at the institution
and concerning any new information of
which the institution becomes aware for
such students after such borrowers
leave the institution, to the Secretary
for the servicing and collecting of
loans made under this part; and
``(II) if the institution does not
have an agreement with the Secretary
under this subsection, concerning
student eligibility and eligible
educational expenses to the Secretary
as needed for the alternative
origination of loans to eligible part-
time students;
``(B) provide assurances that the institution will
comply with requirements established by the Secretary
relating to student loan information with respect to
loans made under this section;
``(C) provide that the institution accepts
responsibility and financial liability stemming from
its failure to perform its functions pursuant to the
agreement;
``(D) provide that the institution will not charge
any fees of any kind, however described, to student
borrowers for origination activities or the provision
of any information necessary for a student to receive a
loan under this section, or any benefits associated
with such loan;
``(E) provide that the institution or consortium
will originate loans to eligible part-time students in
accordance with this section, and that such origination
may include the acceptance of applications by means of
the Internet or other electronic means;
``(F) provide that the note or evidence of
obligation on the loan shall be the property of the
Secretary; and
``(G) include such other provisions as the
Secretary determines are necessary to protect the
interests of the United States and to promote the
purposes of this section, except that the Secretary
shall not require any institution to perform any needs
analysis of any applicant for a loan under this
section.
``(3) Withdrawal and termination procedures.--The Secretary
shall establish procedures by which institutions or consortia
may withdraw or be terminated from the program under this
section.
``(d) Terms and Conditions of Loans.--
``(1) In general.--A note or other evidence of a loan under
this section shall--
``(A) require the borrower to repay the loan,
together with interest thereon, in installments
beginning not less than one month after the conclusion
of the period of enrollment for which the loan was made
and ending not later than one year thereafter, except
that the borrower shall be entitled to accelerate,
without penalty, repayment on the borrower's loans
under this section;
``(B) obligate the borrower to pay interest on the
outstanding balance of the loan at a rate prescribed by
the Secretary taking into account the purposes of this
section;
``(C) require the borrower to participate in exit
counseling under section 485(b); and
``(D) contain such additional terms and conditions
as the Secretary may require to protect the interests
of the United States and to promote the purposes of
this section.
``(2) Deferment.--A borrower of a loan under this section
who meets the requirements of section 455(f)(2) shall be
eligible for a deferment, during which periodic installments of
principal need not be paid, and interest shall accrue and be
capitalized or paid by the borrower.
``(3) Simple application.--The common financial reporting
form required in section 483(a)(1) shall not be required for an
application for a loan under this section. The Secretary shall
prescribe by regulation a simple form for determining eligibility for
and the amount of loans under this section.
``(4) Loan disbursement.--Proceeds of loans to students
under this part shall be applied to the student's account for
tuition and fees. The Secretary shall establish periods for the
payments of such proceeds in a manner consistent with payment
of Federal Pell Grants under subpart 1 of part A of this title.
``(e) Fiscal Control and Fund Accountability.--Section 454(k) shall
apply to funds provided under this section.
``(f) Contracts for Origination, Servicing, and Data Systems.--The
Secretary may enter into contracts for--
``(1) the alternative origination of loans to eligible
part-time students attending qualifying public institutions
with agreements to participate in the program under this part,
if such institutions do not have agreements with the Secretary
under subsection (c); and
``(2) the servicing and collection of loans made under this
section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to provide funds for loans under this section such sums as
may be necessary for fiscal year 2001 and for each of the 4 succeeding
fiscal years.
``(h) Definitions.--As used in this section:
``(1) Qualifying public institutions.--The term `qualifying
public institution' means an institution that--
``(A) is an eligible institution under section
435(a); and
``(B) is a public institution that provides an
educational program for which the institution awards a
bachelor's degree or provides not less than a 2-year
program that is acceptable for full credit toward such
a degree.
``(2) Eligible part-time student.--The term `eligible part-
time student' means a student that is an eligible student as
determined under section 484, except that--
``(A) the student does not meet the requirements of
section 484(a)(1), but is enrolled or accepted for
enrollment in a program of instruction the expenses for
which are eligible education expenses;
``(B) the student is not required to meet the
requirements of section 484(a)(2), but the Secretary
may by regulation prescribe limitations to prevent
abuse;
``(C) the institution may require students to
establish credit worthiness a condition of obtaining a
loan under this section;
``(D) a student who has obtained a loan or loans to
cover eligible education expenses for 4 courses of
instruction shall not be an eligible part-time student
until such loan or loans are repaid.
``(3) Eligible education expenses.--The term `eligible
education expenses' means the tuition and fees, and the cost of
any books, required with respect to any course of instruction
at a qualifying public institution to acquire or improve job
skills of an individual.''.
SEC. 4. EMPLOYER PAYMENTS ON DIRECT LOANS FOR LESS-THAN-HALF-TIME
STUDENTS EXCLUDABLE FROM GROSS INCOME.
(a) In General.--Subparagraph (A) of section 127(c)(1) of the
Internal Revenue Code of 1986 (relating to employer-provided
educational assistance programs) is amended by striking ``and
equipment)'' and inserting ``and equipment, and payments on loans made
under section 468A of the Higher Education Act of 1965 (relating to
direct loans for less-than-half-time students))''.
(b) Effective Date.--The amendment made by this section shall apply
to payments made after the date of the enactment of this Act. | Amends the Internal Revenue Code with respect to employer-provided educational assistance programs to exclude from an employee's gross income any employer payments on such student loans. | 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. REDUCTION IN RATES OF OCCUPATIONAL TAXES RELATING TO DISTILLED
SPIRITS, WINE, AND BEER.
(a) Proprietors of Distilled Spirits Plants, Etc.--
(1) Subsection (a) of section 5081 is amended by striking
``$1,000'' and inserting ``$500''.
(2) Subsection (b) of section 5081 is amended by striking
`` `$500' for `$1,000' '' and inserting `` `$250' for `$500'
''.
(b) Brewers.--Subsection (a) of section 5091 is amended by striking
``$1,000'' and inserting ``$500''.
(c) Wholesale Dealers.--Subsections (a) and (b) of section 5111 are
each amended by striking ``$500'' and inserting ``$250''.
(d) Retail Dealers.--Subsections (a) and (b) of section 5121 are
each amended by striking ``$250'' and inserting ``$125''.
(e) Nonbeverage Drawback.--Subsection (b) of section 5131 is
amended by striking ``$500'' and inserting ``$250''.
(f) Industrial Use.--Subsection (a) of section 5276 is amended by
striking ``$250'' and inserting ``$125''.
(g) Effective Date.--The amendments made by this section shall take
effect on July 1, 1994, but shall not apply to taxes imposed for
periods before such date.
SEC. 3. REPEAL OF OCCUPATIONAL TAXES RELATING TO DISTILLED SPIRITS,
WINE, AND BEER.
(a) Repeal of Occupational Taxes.--
(1) In general.--The following provisions of part II of
subchapter A of chapter 51 (relating to occupational taxes) are
hereby repealed:
(A) Subpart A (relating to proprietors of distilled
spirits plants, bonded wine cellars, etc.).
(B) Subpart B (relating to brewer).
(C) Subpart D (relating to wholesale dealers)
(other than sections 5114 and 5116).
(D) Subpart E (relating to retail dealers) (other
than section 5124).
(E) Subpart G (relating to general provisions)
(other than sections 5142, 5143, 5145, and 5146).
(2) Nonbeverage domestic drawback.--Section 5131 of such
Code is amended by striking ``, on payment of a special tax per
annum,''.
(3) Industrial use of distilled spirits.--Section 5276 is
hereby repealed.
(b) Conforming Amendments.--
(1)(A) The heading for part II of subchapter A of chapter
51 and the table of subparts for such part are amended to read
as follows:
``PART II--MISCELLANEOUS PROVISIONS
``Subpart A. Manufacturers of stills.
``Subpart B. Nonbeverage domestic
drawback claimants.
``Subpart C. Recordkeeping by dealers.
``Subpart D. Other provisions.''
(B) The table of parts for such subchapter A is amended by
striking the item relating to part II and inserting the
following new item:
``Part II. Miscellaneous provisions.''
(2) Subpart C of part II of such subchapter (relating to
manufacturers of stills) is redesignated as subpart A.
(3)(A) Subpart F of such part II (relating to nonbeverage
domestic drawback claimants) is redesignated as subpart B and
sections 5131 through 5134 are redesignated as sections 5111
through 5114, respectively.
(B) The table of sections for such subpart B, as so
redesignated, is amended--
(i) by redesignating the items relating to sections
5131 through 5134 as relating to sections 5111 through
5114, respectively, and
(ii) by striking ``and rate of tax'' in the item
relating to section 5111, as so redesignated.
(C) Section 5111, as redesignated by subparagraph (A), is
amended--
(i) by striking ``and rate of tax'' in the section
heading,
(ii) by striking ``(a) Eligibility for Drawback.--
'', and
(iii) by striking subsection (b).
(4) Part II of subchapter A of chapter 51 is amended by
adding after subpart B, as redesignated by paragraph (3), the
following new subpart:
``Subpart C--Recordkeeping by Dealers
``Sec. 5121. Recordkeeping by wholesale
dealers.
``Sec. 5122. Recordkeeping by retail
dealers.
``Sec. 5123. Preservation and inspection
of records, and entry of
premises for inspection.''
(5)(A) Section 5114 (relating to records) is moved to
subpart C of such part II and inserted after the table of
sections for such subpart.
(B) Section 5114 is amended--
(i) by striking the section heading and inserting
the following new heading:
``SEC. 5121. RECORDKEEPING BY WHOLESALE DEALERS.'',
and
(ii) by redesignating subsection (c) as subsection
(d) and by inserting after subsection (b) the following
new subsection:
``(c) Wholesale Dealers.--For purposes of this part--
``(1) Wholesale dealer in liquors.--The term `wholesale
dealer in liquors' means any dealer (other than a wholesale
dealer in beer) who sells, or offers for sale, distilled
spirits, wines, or beer, to another dealer.
``(2) Wholesale dealer in beer.--The term `wholesale dealer
in beer' means any dealer who sells, or offers for sale, beer,
but not distilled spirits or wines, to another dealer.
``(3) Dealer.--The term `dealer' means any person who
sells, or offers for sale, any distilled spirits, wines, or
beer.
``(4) Presumption in case of sale of 20 wine gallons or
more.--The sale, or offer for sale, of distilled spirits,
wines, or beer, in quantities of 20 wine gallons or more to the
same person at the same time, shall be presumptive evidence
that the person making such sale, or offer for sale, is engaged
in or carrying on the business of a wholesale dealer in liquors
or a wholesale dealer in beer, as the case may be. Such
presumption may be overcome by evidence satisfactorily showing
that such sale, or offer for sale, was made to a person other
than a dealer.''
(C) Paragraph (3) of section 5121(d) , as so redesignated,
is amended by striking ``section 5146'' and inserting ``section
5123''.
(6)(A) Section 5124 (relating to records) is moved to
subpart C of part II of subchapter A of chapter 51 and inserted
after section 5121.
(B) Section 5124 is amended--
(i) by striking the section heading and inserting
the following new heading:
``SEC. 5122. RECORDKEEPING BY RETAIL DEALERS.'',
(ii) by striking ``section 5146'' in subsection (c)
and inserting ``section 5123'', and
(iii) by redesignating subsection (c) as subsection
(d) and inserting after subsection (b) the following
new subsection:
``(c) Retail Dealers.--For purposes of this section--
``(1) Retail dealer in liquors.--The term `retail dealer in
liquors' means any dealer (other than a retail dealer in beer)
who sells, or offers for sale, distilled spirits, wines, or
beer, to any person other than a dealer.
``(2) Retail dealer in beer.--The term `retail dealer in
beer' means any dealer who sells, or offers for sale, beer, but
not distilled spirits or wines, to any person other than a
dealer.
``(3) Dealer.--The term `dealer' has the meaning given such
term by section 5121(c)(3).''
(7) Section 5146 is moved to subpart C of part II of
subchapter A of chapter 51, inserted after section 5122, and
redesignated as section 5123.
(8) Part II of subchapter A of chapter 51 is amended by
inserting after subpart C the following new subpart:
``Subpart D--Other Provisions
``Sec. 5131. Packaging distilled spirits
for industrial uses.
``Sec. 5132. Prohibited purchases by
dealers.''
(9) Section 5116 is moved to subpart D of part II of
subchapter A of chapter 51, inserted after the table of
sections, redesignated as section 5131, and amended by
inserting ``(as defined in section 5121(c))'' after ``dealer''
in subsection (a).
(10) Subpart D of part II of subchapter A of chapter 51 is
amended by adding at the end thereof the following new section:
``SEC. 5132. PROHIBITED PURCHASES BY DEALERS.
``(a) In General.--Except as provided in regulations prescribed by
the Secretary, it shall be unlawful for a dealer to purchase distilled
spirits from any person other than a wholesale dealer in liquors who is
required to keep the records prescribed by section 5121.
``(b) Penalty and Forfeiture.--
``For penalty and forfeiture provisions
applicable to violations of subsection (a), see sections 5687 and
7302.''
(11) Subsection (b) of section 5002 is amended--
(A) by striking ``section 5112(a)'' and inserting
``section 5121(c)(3)'',
(B) by striking ``section 5112'' and inserting
``section 5121(c)'',
(C) by striking ``section 5122'' and inserting
``section 5122(c)''.
(12) Subparagraph (A) of section 5010(c)(2) is amended by
striking ``section 5134'' and inserting ``section 5114''.
(13) Subsection (d) of section 5052 is amended to read as
follows:
``(d) Brewer.--For purposes of this chapter, the term `brewer'
means any person who brews beer or produces beer for sale. Such term
shall not include any person who produces only beer exempt from tax
under section 5053(e).''
(14) The text of section 5182 is amended to read as
follows:
``For provisions requiring
recordkeeping by wholesale liquor dealers, see section 5112, and by
retail liquor dealers, see section 5122.''
(15) Subsection (b) of section 5402 is amended by striking
``section 5092'' and inserting ``section 5052(d)''.
(16) Section 5671 is amended by striking ``or 5091''.
(17)(A) Part V of subchapter J of chapter 51 is hereby
repealed.
(B) The table of parts for such subchapter J is amended by
striking the item relating to part V.
(18)(A) Sections 5142, 5143, and 5145 are moved to
subchapter D of chapter 52, inserted after section 5731,
redesignated as sections 5732, 5733, and 5734, respectively,
and amended--
(i) by striking ``this part'' each place it appears
and inserting ``this subchapter'', and
(ii) by striking ``this subpart'' in section
5732(c)(2) (as so redesignated) and inserting ``this
subchapter''.
(B) Section 5732, as redesignated by subparagraph (A), is
amended by striking ``(except the tax imposed by section
5131)'' each place it appears.
(C) Subsection (c) of section 5733, as redesignated by
subparagraph (A), is amended by striking paragraph (2) and by
redesignating paragraph (3) as paragraph (2).
(D) The table of sections for subchapter D of chapter 52 is
amended by adding at the end thereof the following:
``Sec. 5732. Payment of tax.
``Sec. 5733. Provisions relating to
liability for occupational
taxes.
``Sec. 5734. Application of State laws.''
(E) Section 5731 is amended by striking subsection (c) and
by redesignating subsection (d) as subsection (c).
(19) Subsection (b) of section 6071 is amended by striking
``section 5142'' and inserting ``section 5732''.
(20) Paragraph (1) of section 7652(g) is amended--
(A) by striking ``subpart F'' and inserting
``subpart B'', and
(B) by striking ``section 5131(a)'' and inserting
``section 5111(a)''.
(21) The table of sections for subchapter D of chapter 51
is amended by striking the item relating to section 5276.
(c) Effective Date.--The amendments made by this section shall take
effect on July 1, 1995, but shall not apply to taxes imposed for
periods before such date. | Amends the Internal Revenue Code to reduce the rates of occupational taxes relating to the production or sale of distilled spirits, wines, and beer beginning July 1, 1994. Repeals such taxes effective July 1, 1995. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop the Regulation Invasion Please
Act of 2011'' or ``STRIP Act of 2011''.
SEC. 2. MORATORIUM ON REGULATIONS.
Except as provided in section 3, a Federal agency may not take any
regulatory rulemaking action until the end of the moratorium period.
SEC. 3. EMERGENCY EXCEPTIONS; EXCLUSIONS.
(a) Emergency Exception.--Section 2 shall not apply to a regulatory
rulemaking action, and section 5(d) shall not apply to a rule, if--
(1) the head of a Federal agency otherwise authorized to
take the action submits a written request to the Administrator
of the Office of Information and Regulatory Affairs within the
Office of Management and Budget and submits a copy of such
request to the Congress;
(2) the Administrator of the Office of Information and
Regulatory Affairs within the Office of Management and Budget
finds in writing that a waiver for the action or rule is--
(A) necessary because of an imminent threat to
health or safety or other emergency; or
(B) necessary for the enforcement of criminal laws;
and
(3) the head of the Federal agency publishes the finding
and waiver in the Federal Register.
(b) Exclusions.--The head of an agency shall publish in the Federal
Register any action excluded because of a certification under section
6(4)(B).
(c) Civil Rights Exception.--Section 2 shall not apply to a
regulatory rulemaking action, and section 5(d) shall not apply to a
rule, to establish or enforce any statutory rights against
discrimination on the basis of age, race, religion, gender, national
origin, or handicapped or disability status except such rulemaking
actions or rules that establish, lead to, or otherwise rely on the use
of a quota or preference based on age, race, religion, gender, national
origin, or handicapped or disability status.
SEC. 4. REVIEW OF RULES.
(a) Review and Report Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of the Office of
Management and Budget shall--
(1) conduct a review of each rule that became effective
after October 1, 1991, and is in effect as of the date of the
enactment of this Act; and
(2) submit to Congress and make available to the public a
report on such review.
(b) Matters Covered.--The report under subsection (a) shall include
the following:
(1) An estimate of the total annual costs and benefits
(including quantifiable and nonquantifiable effects) of each
rule covered by the review, to the extent feasible.
(2) A recommendation whether each rule should continue and,
where applicable, recommendations for reform of a rule.
(3) The total number of minor and major rules that became
effective after October 1, 1991, and are in effect as of the
date of the enactment of this Act.
(c) Uniform Standard.--The Director of Office of Management and
Budget shall apply a uniform standard for figures and cost summaries in
the report required under subsection (a).
SEC. 5. SUNSET PREVENTION PROCEEDINGS.
(a) Designation of Federal Agency Regulatory Review Officer.--The
head of each Federal agency shall designate an officer of the agency as
the ``Regulatory Review Officer'' who shall be responsible for
testifying before a committee of the House of Representatives or the
Senate with regard to a request to prevent the repeal of a rule under
subsection (c).
(b) Request for Committee Hearing.--The Regulatory Review Officer
may submit a request for a hearing, with regard to a rule reviewed
under section 4, to the relevant committee of jurisdiction in the House
of Representatives and the Senate 60 days after the report is submitted
pursuant to section 4(a)(2).
(c) Request To Prevent Repeal of a Rule.--During a hearing
described in subsection (b), the Regulatory Review Officer may request
that a rule not be repealed. Such request shall include a description
of the report submitted pursuant to section 4(a)(2), with respect to
such rule.
(d) Repeal of Rules.--Except as provided in section 3, one year
after the date of the enactment of this Act, all rules shall be
repealed, unless otherwise specifically authorized by law and enacted
after the date of the enactment of this Act.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Federal agency.--The term ``Federal agency'' means any
agency as that term is defined in section 551(1) of title 5,
United States Code.
(2) Major rule.--The term ``major rule'' has the meaning
given that term in section 804 of title 5, United States Code.
(3) Moratorium period.--The term ``moratorium period''
means the period of time--
(A) beginning on the day after the date of the
enactment of this Act; and
(B) ending on the later of--
(i) 14 days after the day on which the
Director of the Office of Management and Budget
publishes the report pursuant to section 4; or
(ii) two years after the date of the
enactment of this Act.
(4) Regulatory rulemaking action.--
(A) In general.--The term ``regulatory rulemaking
action'' means any rulemaking on any rule normally
published in the Federal Register, including--
(i) the issuance of any substantive rule,
interpretative rule, statement of agency
policy, notice of inquiry, advance notice of
proposed rulemaking, or notice of proposed
rulemaking, and
(ii) any other action taken in the course
of the process of rulemaking (except a cost
benefit analysis or risk assessment, or both).
(B) Exclusions.--The term ``regulatory rulemaking
action'' does not include--
(i) any agency action that the head of the
agency and the Administrator of the Office of
Information and Regulatory Affairs within the
Office of Management and Budget certify in
writing is limited to repealing, narrowing, or
streamlining a rule, regulation, or
administrative process or otherwise reducing
regulatory burdens (meaning, Federal agencies
could reduce or eliminate regulations on their
own, during the moratorium);
(ii) any agency action that the head of the
agency and the Administrator of the Office of
Information and Regulatory Affairs within the
Office of Management and Budget certify in
writing is limited to matters relating to
military or foreign affairs functions, statutes
implementing international trade agreements,
including all agency actions required by the
Uruguay Round Agreements Act, or agency
management, personnel, or public property,
loans, grants, benefits, or contracts;
(iii) any agency action that the head of
the agency and the Administrator of the Office
of Information and Regulatory Affairs within
the Office of Management and Budget certify in
writing is limited to a routine administrative
function of the agency;
(iv) any agency action that--
(I) is taken by an agency that
supervises and regulates insured
depository institutions, affiliates of
such institutions, credit unions, or
government sponsored housing
enterprises; and
(II) the head of the agency
certifies would meet the standards for
an exception or exclusion described in
this Act; or
(v) any agency action that the head of the
agency certifies is limited to interpreting,
implementing, or administering the internal
revenue laws of the United States.
(5) Rule.--The term ``rule''--
(A) means the whole or a part of an agency
statement of general or particular applicability and
future effect designed to implement, interpret, or
prescribe law or policy; and
(B) does not include--
(i) the approval or prescription, on a
case-by-case or consolidated case basis, for
the future of rates, wages, corporation, or
financial structures or reorganizations
thereof, prices, facilities, appliances,
services or allowances therefore, or of
valuations, costs, or accounting, or practices
bearing on any of the foregoing;
(ii) any action taken in connection with
the safety of aviation;
(iii) any action taken in connection with
the implementation of monetary policy or to
ensure the safety and soundness of federally
insured depository institutions, any affiliate
of such an institution, credit unions, or
government sponsored housing enterprises or to
protect the Federal deposit insurance funds;
(iv) the granting an application for a
license, registration, or similar authority,
granting or recognizing an exemption, granting
a variance or petition for relief from a
regulatory requirement, or other action
relieving a restriction (including any agency
which establishes, modifies, or conducts a
regulatory program for a recreational or
subsistence activity, including hunting,
fishing, and camping, if a Federal law
prohibits the recreational or subsistence
activity in the absence of the agency action);
or
(v) taking any action necessary to permit
new or improved applications of technology or
allow the manufacture, distribution, sale, or
use of a substance or product.
(6) Rulemaking.--The term ``rulemaking'' means agency
process for formulating, amending, or repealing a rule.
(7) License.--The term ``license'' means the whole or part
of an agency permit, certificate, approval, registration,
charter, membership, statutory exemption, or other form of
permission.
(8) Imminent threat to health or safety.--The term
``imminent threat to health or safety'' means the existence of
any condition, circumstance, or practice reasonably expected to
cause death, serious illness, or severe injury to humans, or
substantial endangerment to private property during the
moratorium period.
SEC. 7. LIMITATION ON CIVIL ACTIONS.
No private right of action may be brought against any Federal
agency for a violation of this Act. This prohibition shall not affect
any private right of action or remedy otherwise available under any
other law. | Stop the Regulation Invasion Please Act of 2011 or STRIP Act of 2011 - Imposes a moratorium on federal agencies taking any regulatory rulemaking action beginning on the day after the enactment of this Act and ending on the later of the date that is: (1) 14 days after the Director of the Office of Management and Budget (OMB) publishes a report on a review of rules, or (2) 2 years after the enactment of this Act.
Requires the OMB Director to: (1) conduct a review of each rule that became effective after October 1, 1991, and that is in effect as of the enactment date of this Act, and (2) report on the estimated total annual costs and benefits of each rule and recommend whether it should continue or how it should be reformed. Repeals all such rules one year after the enactment of this Act unless specifically authorized by law and enacted after the date of enactment of this Act.
Sets forth exceptions for certain rulemaking actions and rules, including those necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, or to establish or enforce statutory rights against discrimination.
Requires each federal agency head to designate a Regulatory Review Officer to testify before Congress on any request to prevent the repeal of a rule under this Act. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Phone Scam Prevention Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Commission'' means the Federal
Communications Commission; and
(2) the term ``voice service'' means any service that
furnishes voice communications to an end user using resources
from the North American Numbering Plan or any successor to the
North American Numbering Plan adopted by the Commission under
section 251(e)(1) of the Communications Act of 1934 (47 U.S.C.
251(e)(1)).
SEC. 3. REPORT ON EXISTING TECHNOLOGICAL SOLUTIONS TO COMBAT INACCURATE
CALLER IDENTIFICATION INFORMATION.
(a) Publication of Report.--The Commission shall publish on the
website of the Commission a report that identifies existing technology
solutions that a consumer can use to protect the consumer against
misleading or inaccurate caller identification information.
(b) Contents of Report.--The report described in subsection (a)
shall--
(1) analyze existing technologies that can enable consumers
to guard against misleading or inaccurate caller identification
information;
(2) describe how the technologies described in paragraph
(1) protect consumers; and
(3) detail whether and how voice service providers are
making the technologies described in paragraph (1) available to
subscribers.
SEC. 4. REPORT ON PLAN TO DEVELOP CALL ORIGINATION AUTHENTICATION
STANDARDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commission shall submit to Congress a report detailing
a plan to expeditiously develop, not later than 6 years after the
submission of the report, reasonable authentication standards for a
voice service provider to validate the calling party number and caller
identification information of a call originated through a voice service
so that the subscriber receiving the call may obtain, to the extent
technologically feasible--
(1) a secure assurance of the origin of the call,
including--
(A) the calling party number; and
(B) caller identification for the call; or
(2) notice that an assurance described in paragraph (1) is
unavailable.
(b) Recommendation on Legislation.--The report submitted under
subsection (a) may include recommendations on whether legislation is
necessary to promote or facilitate the adoption of authentication
standards for caller identification information.
SEC. 5. EXPANDING AND CLARIFYING PROHIBITION ON INACCURATE CALLER ID
INFORMATION.
(a) Communications From Outside United States.--Section 227(e)(1)
of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by
striking ``in connection with any telecommunications service or IP-
enabled voice service'' and inserting ``or any person outside the
United States if the recipient of the call is within the United States,
in connection with any voice service''.
(b) Coverage of Text Messages and Other Voice Services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is
amended--
(1) in subparagraph (A), by striking ``telecommunications
service or IP-enabled voice service'' and inserting ``voice
service (including a text message sent using a text messaging
service)'';
(2) in the first sentence of subparagraph (B), by striking
``telecommunications service or IP-enabled voice service'' and
inserting ``voice service (including a text message sent using
a text messaging service)''; and
(3) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a real-time or near real-time
message consisting of text, images, sounds, or
other information that is transmitted from or
received by a device that is identified as the
transmitting or receiving device by means of a
telephone number;
``(ii) includes a short message service
(commonly referred to as `SMS') message, an
enhanced message service (commonly referred to
as `EMS') message, and a multimedia message
service (commonly referred to as `MMS')
message; and
``(iii) does not include a real-time, 2-way
voice or video communication.
``(D) Text messaging service.--The term `text
messaging service' means a service that permits the
transmission or receipt of a text message, including a
service provided as part of or in connection with a
voice service.
``(E) Voice service.--The term `voice service'
means any service that furnishes voice communications
to an end user using resources from the North American
Numbering Plan or any successor plan adopted by the
Commission under section 251(e)(1).''.
(c) Rules of Construction.--Nothing in this Act shall be construed
to modify, limit, or otherwise affect--
(1) the authority, as of the day before the date of
enactment of this Act, of the Commission to interpret the term
``call'' to include a text message (as defined under section
227(e)(8) of the Communications Act of 1934, as added by
subsection (b)); or
(2) any rule or order adopted by the Commission in
connection with--
(A) the Telephone Consumer Protection Act of 1991
(Public Law 102-243; 105 Stat. 2394) or the amendments
made by that Act; or
(B) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et
seq.).
(d) Regulations.--Not later than 18 months after the date of
enactment of this Act, the Commission shall prescribe regulations to
implement the amendments made by this section.
(e) Effective Date.--The amendments made by this section shall take
effect on the date that is 6 months after the date on which the
Commission prescribes regulations under subsection (d). | Phone Scam Prevention Act of 2015 Requires the Federal Communications Commission (FCC) to publish on its website a report that identifies existing technologies that consumers can use to protect against misleading or inaccurate caller identification information. Requires the FCC, within one year after enactment of this Act, to submit to Congress a report detailing a plan to expeditiously develop, within six years after submission of such report, reasonable authentication standards for voice service providers to validate caller information so that subscribers may obtain secure assurances of a call's origin, including the calling party's number and identification. Extends the prohibition on the provision of inaccurate caller identification information to persons outside the United States if the recipient is within the United States. Expands the definition of "caller identification information" to include text messages. Revises caller identification requirements to make standards applicable to voice communications using resources from the North American Numbering Plan (currently, the requirements apply to telecommunications or IP-enabled voice services). | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Deeming Authority Clarification
Act of 2017''.
SEC. 2. DATE FOR APPLICATION OF FEDERAL FOOD, DRUG, AND COSMETIC ACT TO
DEEMED TOBACCO PRODUCTS.
Section 901(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 387a(b)) is amended--
(1) by striking ``This chapter shall apply'' and inserting
the following:
``(1) In general.--This chapter shall apply''; and
(2) by adding at the end the following new paragraph:
``(2) Deemed tobacco products.--For each tobacco product
deemed subject to the requirements of this chapter pursuant to
paragraph (1), each reference in sections 905(j) and 910(a)--
``(A) to `February 15, 2007', shall be considered
to be a reference to `the effective date of the
regulation under which a tobacco product is deemed
subject to the requirements of this chapter pursuant to
section 901(b)'; and
``(B) to `21 months after the date of enactment of
the Family Smoking Prevention and Tobacco Control Act',
shall be considered to be a reference to the later of--
``(i) `21 months after the date of
enactment of the FDA Deeming Authority
Clarification Act of 2017'; and
``(ii) `21 months after the effective date
of such deeming regulation'.''.
SEC. 3. PRODUCT STANDARDS FOR VAPOR PRODUCT BATTERIES.
(a) Applicability of Standards.--Section 907 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 387g) and any related provisions of
such Act shall apply with respect to a vapor product battery to the
same extent and in the same manner as such section 907 and related
provisions apply with respect to a component of a tobacco product.
(b) Promulgation of Standards.--
(1) Proposed standards.--Not later than 12 months after the
date of enactment of this Act, the Secretary of Health and
Human Services shall issue a notice of proposed rulemaking to
establish product standards for vapor product batteries
pursuant to section 907 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 387g).
(2) Final standards.--Not later than 24 months after the
date of enactment of this Act, the Secretary shall promulgate
the vapor product battery standards required by this section.
(c) Compliance With Final Standards.--For any vapor product
(including those products in test markets) that has a battery and is
commercially marketed in the United States as of the date by which
final standards are required to be promulgated under subsection (b)(2),
the Secretary of Health and Human Services, based on any change to the
battery for the purpose of conforming to such final standards, shall
not--
(1) require the submission of a report under section 905(j)
of such Federal Food, Drug, and Cosmetic Act (21 U.S.C.
387e(j)); or
(2) treat such vapor product as a new tobacco product for
which an order is required under section 910(c)(1)(A)(i) of
such Act (21 U.S.C. 387j(c)(1)(A)(i)).
(d) Definition.--In this section, the term ``vapor product'' has
the meaning given to such term in section 921(f) of the Federal Food,
Drug, and Cosmetic Act, as added by section 4 of this Act.
SEC. 4. REGULATION OF VAPOR PRODUCTS.
(a) In General.--Chapter IX of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 920 of such Act (21 U.S.C.
387t) the following:
``SEC. 921. VAPOR PRODUCTS.
``(a) Relation to Other Provisions.--The authorities vested in the
Secretary by this section to regulate vapor products are in addition
to, not in lieu of, the authorities vested in the Secretary by other
sections of this Act to regulate vapor products as tobacco products.
``(b) Advertising in Print Publications.--
``(1) In general.--The manufacturer, distributor, or
retailer of a vapor product shall not disseminate or cause to
be disseminated advertising or labeling of the vapor product in
a newspaper, magazine, periodical or other publication (whether
periodic or limited distribution), other than an adult
publication.
``(2) Definition.--In this subsection, the term `adult
publication' means a newspaper, magazine, periodical, or other
publication--
``(A) whose readers younger than 18 years of age
constitute 15 percent or less of the total readership
as measured by competent and reliable survey evidence;
and
``(B) that is read by fewer than 2 million persons
younger than 18 years of age as measured by competent
and reliable survey evidence.
``(c) Prohibit Self-Service Displays of Vapor Products.--
``(1) In general.--A retailer may sell vapor products only
in a direct face-to-face exchange.
``(2) Exception.--Paragraph (1) does not apply--
``(A) to mail order sales; or
``(B) to sales by means of a vending machine or
self-service display that is located in a facility
where the retailer ensures that no person under 18
years of age is present or permitted to enter at any
time.
``(3) Civil penalty.--A violation of this subsection shall
be subject to a civil penalty under section 303(f)(9) to the
same extent and in the same manner as a violation of any
requirement of this Act which relates to a tobacco product.
``(d) Labeling.--
``(1) In general.--Not later than 12 months after the date
of enactment of the FDA Deeming Authority Clarification Act of
2017, the Secretary shall promulgate final regulations to
require packages of vapor products to bear a label containing--
``(A) the phrase `Keep Out of Reach of Children';
``(B) the phrase `Underage Sale Prohibited'; and
``(C) if the vapor product includes nicotine in a
solution or other form at the time of sale, an accurate
statement of the nicotine content.
``(2) Misbranding.--A vapor product whose label is in
violation of paragraph (1) is deemed to be a misbranded tobacco
product under section 903.
``(e) Annual Registration Requirements for Vapor Product
Retailers.--
``(1) Registration by retailers.--Every person who owns or
operates an establishment in any State engaged in the retail
sale of a vapor product shall register that establishment with
the Secretary by the later of--
``(A) 60 days after the date of the enactment of
the FDA Deeming Authority Clarification Act of 2017;
and
``(B) 30 days after first engaging in such retail
sale.
``(2) Exclusion.--The requirements of this subsection do
not apply with respect to any establishment subject to an
active registration or retail license under--
``(A) any State law relating to tobacco products;
or
``(B) section 905.
``(3) Public access to registration information.--The
Secretary shall make available for inspection, to any person so
requesting, any registration filed under this subsection.
``(f) Vapor Product Defined.--In this section:
``(1) In general.--The term `vapor product'--
``(A) means any noncombustible product that employs
a heating element, power source, electronic circuit, or
other electronic, chemical, or mechanical means,
regardless of shape or size, to produce vapor from
nicotine in a solution or other form; and
``(B) includes--
``(i) any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe,
or similar product or device that is intended
to produce vapor from nicotine in a solution of
other form; and
``(ii) nicotine in a solution or other
form, whether in a cartridge or container or
otherwise dispensed, that is intended to be
used with or in a product described in clause
(i).
``(2) Exclusion.--The term `vapor product' does not include
any product regulated as a drug or device under chapter V.''.
(b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(eee) The disseminating or causing to be disseminated, by a
manufacturer, distributor, or retailer of a vapor product, advertising
or labeling of the vapor product in violation of section 921(b).
``(fff) The failure of a person who owns or operates an
establishment in any State engaged in the retail sale of a vapor
product to register as required by section 921(e).''. | FDA Deeming Authority Clarification Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to: (1) revise premarket review and reporting requirements for products newly deemed by the Food and Drug Administration (FDA) to be tobacco products; and (2) grant the FDA the authority to regulate vapor products, which include products that produce vapor with nicotine (e.g., e-cigarettes) and nicotine intended to be used with such a product (e.g., nicotine cartridges). A product is not subject to premarket review by the FDA if it is marketed before it is deemed a tobacco product. The bill delays deadlines for reports to the FDA on products similar to a marketed product that are introduced to market less than 21 months after that type of product is deemed a tobacco product. The bill grants the FDA regulatory authority over vapor products that is in addition to the FDA's existing authority to regulate vapor products as tobacco products. Provisions of the FFDCA applicable to tobacco product components also apply to vapor product batteries. The FDA must establish standards for vapor product batteries. Vapor products first marketed not later than 24 months after enactment of this bill are not subject to premarket review or reporting requirements based on changes to the product's battery to conform to standards. Vapor products may not be advertised in publications, except publications with adult readership. Vapor products may be sold only face-to-face, through vending machines in facilities where only adults are permitted, or by mail order. Vapor products must be labeled with their nicotine content and specified phrases. Retailers of vapor products must register with the FDA. | billsum_train |
Condense the following text into a summary: TITLE I--VIETNAM VETERANS MEMORIAL EDUCATION CENTER
SEC. 101. EDUCATION CENTER.
Public Law 96-297, as amended (16 U.S.C. 431 note), is further
amended by adding at the end thereof the following:
``sec. 6. education center.
``(a) Authorization.--
``(1) The Vietnam Veterans Memorial Fund, Inc., is
authorized to construct an education center at or near the
Vietnam Veterans Memorial site, subject to the provisions of
this section, in order to better inform and educate the public
about the Vietnam Veterans Memorial.
``(2) The education center may be located above ground or
underground, as determined through the approval process set
forth under the Commemorative Works Act and this Act.
``(3) As used in this section, the term `education center'
or `center' means a building or other structure approved in
accordance with chapter 89 of title 40, United States Code
(commonly referred to as the `Commemorative Works Act') and
this section.
``(b) Application of Commemorative Works Act.--
``(1) The Commemorative Works Act (chapter 89 of title 40,
United States Code) shall apply to the education center, and
the center shall be considered a commemorative work for the
purposes of that Act, except that--
``(A) final approval of the education center shall
not be withheld; and
``(B) the provisions of section 8908(b) of title
40, United States Code, requiring approval by law for
the location of a commemorative work within Area I,
shall not apply.
``(2) Notwithstanding section 8908(c) of title 40, United
States Code (as added by the Commemorative Works Clarification
and Revision Act of 2003), the designation of the Reserve shall
not preclude the approval of a site for the education center
within such area.
``(3) Section 8905(b)(5) of title 40, United States Code
(as added by the Commemorative Works Clarification and Revision
Act of 2003), prohibiting the authorization of a commemorative
work primarily designed as a museum on lands under the
jurisdiction of the Secretary of the Interior within Area I or
East Potomac Park, shall not be construed to deny approval of
the education center.
``(4) The size of the education center shall be limited to
the minimum necessary--
``(A) to provide for appropriate educational and
interpretive functions; and
``(B) to prevent interference or encroachment on
the Vietnam Veterans Memorial and to protect open space
and visual sightlines on the Mall.
``(5) The education center shall be constructed and
landscaped in a manner harmonious with the site of the Vietnam
Veterans Memorial, consistent with the special nature and
sanctity of the Mall.
``(c) Operation and Maintenance.--
``(1) The education center shall be operated and maintained
by the Secretary of the Interior.
``(2) This subsection does not waive section 8906(b) of
title 40, United States Code (as amended by the Commemorative
Works Clarification and Revision Act of 2003), requiring the
donation of funds to offset the costs of perpetual maintenance
and preservation of the commemorative work.
``(d) Funding.--All funds required for the planning, design and
construction of the education center shall be provided by the Vietnam
Veterans Memorial Fund, Inc. No Federal funds shall be used for the
planning, design, or construction of the center.''.
TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Commemorative Works Clarification
and Revision Act of 2003''.
SEC. 202. ESTABLISHMENT OF RESERVE.
Section 8908 of title 40, United States Code, is amended by adding
at the end the following:
``(c) Reserve.--After the date of enactment of the Commemorative
Works Clarification and Revision Act of 2003, no commemorative work
shall be located within the Reserve.''.
SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.
(a) Purposes.--Section 8901(2) of title 40, United States Code, is
amended by striking ``Columbia;'' and inserting ``Columbia and its
environs, and to encourage the location of commemorative works within
the urban fabric of the District of Columbia;''.
(b) Definitions.--Section 8902(a) of title 40, United States Code,
is amended to read as follows:
``(a) Definitions.--In this chapter, the following definitions
apply--
``(1) the term `commemorative work' means any statue,
monument, sculpture, memorial, plaque, inscription, or other
structure or landscape feature, including a garden or memorial
grove, designed to perpetuate in a permanent manner the memory
of an individual, group, event or other significant element of
American history, except that the term does not include any
such item which is located within the interior of a structure
or a structure which is primarily used for other purposes;
``(2) the term `sponsor' means a public agency, and an
individual, group or organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code, and which is authorized
by Congress to establish a commemorative work in the District
of Columbia and its environs;
``(3) the term `Reserve' means the great cross-axis of the
Mall, which generally extends from the United States Capitol to
the Lincoln Memorial, and from the White House to the Jefferson
Memorial, as depicted on the map referenced in paragraph (4);
and
``(4) the term `the District of Columbia and its environs'
means those lands and properties administered by the National
Park Service and the General Services Administration located in
the Reserve, Area I, and Area II as depicted on the map
entitled `Commemorative Areas Washington, DC and Environs',
numbered 869/86501 B, and dated June 24, 2003.''.
(c) Authorization.--Section 8903 of title 40, United States Code,
is amended as follows:
(1) In subsection (b)--
(A) by striking ``work commemorating a lesser
conflict'' and inserting ``work solely commemorating a
limited military engagement'';
(B) by striking ``the event.'' and inserting ``such
war or conflict.''.
(2) In subsection (d)--
(A) by striking ``Consultation with National
Capital Memorial Commission.--'' and inserting
``Consultation with National Capital Memorial Advisory
Commission.--'';
(B) by striking ``House Administration'' and
inserting ``Resources''; and
(C) by inserting ``Advisory'' before
``Commission''; and
(3) Subsection (e) is amended to read as follows:
``(e) Expiration of Legislative Authority.--Any legislative
authority for a commemorative work shall expire at the end of the
seven-year period beginning on the date of the enactment of such
authority, or at the end of the seven-year period beginning on the date
of the enactment of legislative authority to locate the commemorative
work within Area I, if such additional authority has been granted,
unless--
``(1) the Secretary of the Interior or the Administrator of
General Services (as appropriate) has issued a construction
permit for the commemorative work during that period; or
``(2) the Secretary or the Administrator (as appropriate),
in consultation with the National Capital Memorial Advisory
Commission, has made a determination that--
``(A) final design approvals have been obtained
from the National Capital Planning Commission and the
Commission of Fine Arts; and
``(B) 75 percent of the amount estimated to be
required to complete the memorial has been raised.
If these two conditions have been met, the Secretary or the
Administrator (as appropriate) may extend the seven-year legislative
authority for a period not to exceed three years from the date of
expiration. Upon expiration of the legislative authority, any previous
site and design approvals shall also expire.''.
(d) National Capital Memorial Advisory Commission.--Section 8904 of
title 40, United States Code, is amended as follows:
(1) By striking ``Sec. 8904. National Capital Memorial
Commission'' and inserting ``Sec. 8904. National Capital
Memorial Advisory Commission''.
(2) In subsection (a) by striking ``There is a National
Capital Memorial Commission. The membership of the Commission
consists of--'' and inserting ``The National Capital Memorial
Advisory Commission is hereby established and shall include the
following members (or their designees):''.
(3) In subsection (c)--
(A) by inserting ``Advisory'' before
``Commission''; and
(B) by striking ``Services'' and inserting
``Services (as appropriate)''.
(4) In subsection (d) by inserting ``Advisory'' before
``Commission''.
(e) Site and Design Approval.--Section 8905 of title 40, United
States Code, is amended as follows:
(1) In subsection (a)--
(A) by striking ``person'' and inserting
``sponsor'' each place it appears;
(B) by inserting ``Advisory'' before ``Commission''
in paragraph (1); and
(C) by striking ``designs'' and inserting ``design
concepts''.
(2) In subsection (b)--
(A) by striking ``and Administrator'' and inserting
``or Administrator (as appropriate)''; and
(B) in paragraph (2)(B), by striking, ``open space
and existing public use.'' and inserting ``open space,
existing public use, and cultural and natural
resources.''.
(f) Criteria for Issuance of Construction Permit.--Section 8906 of
title 40, United States Code, is amended as follows:
(1) In subsection (a)(3) and (a)(4) by striking ``person''
and inserting ``sponsor''.
(2) By amending subsection (b) to read as follows:
``(b) Donation for Perpetual Maintenance and Preservation.--
``(1) In addition to the criteria described above in
subsection (a), no construction permit shall be issued unless
the sponsor authorized to construct the commemorative work has
donated an amount equal to 10 percent of the total estimated
cost of construction to offset the costs of perpetual
maintenance and preservation of the commemorative work. All
such amounts shall be available for those purposes pursuant to
the provisions of this subsection. The provisions of this
subsection shall not apply in instances when the commemorative
work is constructed by a Department or agency of the Federal
Government and less than 50 percent of the funding for such
work is provided by private sources.
``(2) Notwithstanding any other provision of law, money on
deposit in the Treasury on the date of enactment of this
subsection provided by a sponsor for maintenance pursuant to
this subsection shall be credited to a separate account in the
Treasury.
``(3) Money provided by a sponsor pursuant to the
provisions of this subsection after the date of enactment of
the Commemorative Works Clarification and Revision Act of 2003
shall be credited to a separate account with the National Park
Foundation.
``(4) Upon request, the Secretary of the Treasury or the
National Park Foundation shall make all or a portion of such
moneys available to the Secretary or the Administrator (as
appropriate) for the maintenance of a commemorative work. Under
no circumstances may the Secretary or Administrator request
funds from a separate account exceeding the total money in the
account established under paragraph (2) or (3). The Secretary
and the Administrator shall maintain an inventory of funds
available for such purposes. Funds provided under this
paragraph shall be available without further appropriation and
shall remain available until expended.''.
(g) Areas I and II.--Section 8908(a) of title 40, United States
Code, is amended--
(1) by striking ``Secretary of the Interior and
Administrator of General Services'' and inserting ``Secretary
of the Interior or the Administrator of General Services (as
appropriate)''; and
(2) by striking ``numbered 869/86581, and dated May 1,
1986.'' and inserting ``entitled `Commemorative Areas
Washington, DC and Environs', numbered 869/86501 B, and dated
June 24, 2003.''.
SEC. 204. SITE AND DESIGN CRITERIA.
Section 8905 of title 40, United States Code, is further amended by
adding the following new paragraphs to subsection (b):
``(5) Museums.--No commemorative work primarily designed as
a museum may be located on lands under the jurisdiction of the
Secretary in Area I or in East Potomac Park as depicted on the
map referenced in section 8902(4).
``(6) Site-specific guidelines.--The National Capital
Planning Commission and the Commission of Fine Arts may develop
such criteria or guidelines specific to each site that are
mutually agreed upon to ensure that the design of the
commemorative work carries out the purposes of this Act.
``(7) Donor contributions.--Donor contributions to
commemorative works shall not be acknowledged in any manner as
part of the commemorative work or its site.''.
SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES.
Nothing in this title shall apply to a commemorative work for which
a site was approved in accordance with the Commemorative Works Act
prior to the date of enactment of this title.
SEC. 206. NATIONAL PARK SERVICE REPORTS.
Within six months after the date of enactment of this title, the
Secretary of the Interior, in consultation with the National Capital
Planning Commission and the Commission of Fine Arts, shall submit to
the Committee on Energy and Natural Resources of the United States
Senate, and to the Committee on Resources of the United States House of
Representatives reports setting forth plans for the following:
(1) To relocate the National Park Service's stable and
maintenance facilities that are within the Reserve as
expeditiously as possible.
(2) To relocate, redesign or otherwise alter the concession
facilities that are within the Reserve to the extent necessary
to make them compatible with the Reserve's character.
(3) To limit the sale or distribution of permitted
merchandise to those areas where such activities are less
intrusive upon the Reserve, and to relocate any existing sale
or distribution structures that would otherwise be inconsistent
with the plan.
(4) To make other appropriate changes, if any, to protect
the character of the Reserve.
Passed the Senate July 17, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Title I: Vietnam Veterans Memorial Education Center - Authorizes the Vietnam Veterans Memorial Fund, Inc., to construct at or near the Vietnam Veterans Memorial site an education center for informing and educating the public about the Memorial. Considers the Center a commemorative work, but waives location and final approval requirements.
Requires the center size to be limited to the minimum necessary to: (1) provide for appropriate educational and interpretive functions; (2) prevent interference with or encroachment on the Memorial; and (3) protect open space and visual sightlines on the Mall.
Requires the center to be operated and maintained by the Secretary of the Interior. Prohibits the use of Federal funds for center planning, design, or construction.
Title II: Commemorative Works Act Amendments - Commemorative Works Clarification and Revision Act of 2003 - Prohibits the location of any commemorative work (work) within the Reserve (defined as the great cross-axis area of the Mall in the District of Columbia, which generally extends from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial) after enactment of this Act.
Revises conditions which must be met in order to extend the legislative authority for a work in the District beyond its normal seven-year limit to include determinations of the Secretary and the Administrator of General Services that final design approvals have been obtained from the National Capital Planning Commission (NCPC) and the Commission of Fine Arts (CFA), and that 75 percent of the amount estimated to be required to complete the memorial has been raised, in which case the seven-year authority may be extended for not to exceed three years.
Redesignates the National Capital Memorial Commission as the National Capital Memorial Advisory Commission.
Requires money provided after enactment of this Act by a sponsor of a work to be credited to a separate account with the National Park Foundation.
Prohibits a work primarily designed as a museum from being located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park. Authorizes the NCPC and the CFA to develop criteria specific to each site to ensure that the design of a work meets specified comparability requirements. Prohibits donor contributions to works from being acknowledged in any manner as part of the work or site.
Requires the Secretary to report to specified congressional committees concerning the relocation of stable, maintenance, and concession facilities that are within the Reserve, as well as on limitations on the sale or distribution of permitted merchandise. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Premier Certified Lenders Program
Improvement Act of 2004''.
SEC. 2. LOSS RESERVES OF PREMIER CERTIFIED LENDERS TEMPORARILY
DETERMINED ON THE BASIS OF OUTSTANDING BALANCE OF
DEBENTURES.
Paragraph (6) of section 508(c) of the Small Business Investment
Act of 1958 (15 U.S.C. 697e(c)) is amended--
(1) by striking ``The Administration'' and inserting the
following:
``(A) In general.--The Administration''; and
(2) by adding at the end the following new subparagraph:
``(B) Temporary reduction based on outstanding balance.--
Notwithstanding subparagraph (A), during the 2-year period
beginning on the date that is 90 days after the date of the
enactment of this subparagraph, the Administration shall allow
the certified development company to withdraw from the loss
reserve such amounts as are in excess of 1 percent of the
aggregate outstanding balances of debentures to which such loss
reserve relates. The preceding sentence shall not apply with
respect to any debenture before 100 percent of the contribution
described in paragraph (4) with respect to such debenture has
been made.''.
SEC. 3. ALTERNATIVE LOSS RESERVE PILOT PROGRAM FOR CERTAIN PREMIER
CERTIFIED LENDERS.
(a) In General.--Subsection (c) of section 508 of the Small
Business Investment Act of 1958 (15 U.S.C. 697e) is amended by adding
at the end the following new paragraphs:
``(7) Alternative loss reserve.--
``(A) Election.--With respect to any eligible calendar
quarter, any qualified high loss reserve PCL may elect to have
the requirements of this paragraph apply in lieu of the
requirements of paragraphs (2) and (4) for such quarter.
``(B) Contributions.--
``(i) Ordinary rules inapplicable.--Except as provided
under clause (ii) and paragraph (5), a qualified high loss
reserve PCL that makes the election described in
subparagraph (A) with respect to a calendar quarter shall
not be required to make contributions to its loss reserve
during such quarter.
``(ii) Based on loss.--A qualified high loss reserve
PCL that makes the election described in subparagraph (A)
with respect to any calendar quarter shall, before the last
day of such quarter, make such contributions to its loss
reserve as are necessary to ensure that the amount of the
loss reserve of the PCL is--
``(I) not less than $100,000; and
``(II) sufficient, as determined by a qualified
independent auditor, for the PCL to meet its
obligations to protect the Federal Government from risk
of loss.
``(iii) Certification.--Before the end of any calendar
quarter for which an election is in effect under
subparagraph (A), the head of the PCL shall submit to the
Administrator a certification that the loss reserve of the
PCL is sufficient to meet such PCL's obligation to protect
the Federal Government from risk of loss. Such
certification shall be in such form and submitted in such
manner as the Administrator may require and shall be signed
by the head of such PCL and the auditor making the
determination under clause (ii)(II).
``(C) Disbursements.--
``(i) Ordinary rule inapplicable.--Paragraph (6) shall
not apply with respect to any qualified high loss reserve
PCL for any calendar quarter for which an election is in
effect under subparagraph (A).
``(ii) Excess funds.--At the end of each calendar
quarter for which an election is in effect under
subparagraph (A), the Administration shall allow the
qualified high loss reserve PCL to withdraw from its loss
reserve the excess of--
``(I) the amount of the loss reserve, over
``(II) the greater of $100,000 or the amount which
is determined under subparagraph (B)(ii) to be
sufficient to meet the PCL's obligation to protect the
Federal Government from risk of loss.
``(D) Recontribution.--If the requirements of this
paragraph apply to a qualified high loss reserve PCL for any
calendar quarter and cease to apply to such PCL for any
subsequent calendar quarter, such PCL shall make a contribution
to its loss reserve in such amount as the Administrator may
determine provided that such amount does not exceed the amount
which would result in the total amount in the loss reserve
being equal to the amount which would have been in such loss
reserve had this paragraph never applied to such PCL. The
Administrator may require that such payment be made as a single
payment or as a series of payments.
``(E) Risk management.--If a qualified high loss reserve
PCL fails to meet the requirement of subparagraph (F)(iii)
during any period for which an election is in effect under
subparagraph (A) and such failure continues for 180 days, the
requirements of paragraphs (2), (4), and (6) shall apply to
such PCL as of the end of such 180-day period and such PCL
shall make the contribution to its loss reserve described in
subparagraph (D). The Administrator may waive the requirements
of this subparagraph.
``(F) Qualified high loss reserve pcl.--The term `qualified
high loss reserve PCL' means, with respect to any calendar
year, any premier certified lender designated by the
Administrator as a qualified high loss reserve PCL for such
year. The Administrator shall not designate a company under the
preceding sentence unless the Administrator determines that--
``(i) the amount of the loss reserve of the company is
not less than $100,000;
``(ii) the company has established and is utilizing an
appropriate and effective process for analyzing the risk of
loss associated with its portfolio of PCLP loans and for
grading each PCLP loan made by the company on the basis of
the risk of loss associated with such loan; and
``(iii) the company meets or exceeds 4 or more of the
specified risk management benchmarks as of the most recent
assessment by the Administration or the Administration has
issued a waiver with respect to the requirement of this
clause.
``(G) Specified risk management benchmarks.--For purposes
of this paragraph, the term `specified risk management
benchmarks' means the following rates, as determined by the
Administrator:
``(i) Currency rate.
``(ii) Delinquency rate.
``(iii) Default rate.
``(iv) Liquidation rate.
``(v) Loss rate.
``(H) Qualified independent auditor.--For purposes of this
paragraph, the term `qualified independent auditor' means any
auditor who--
``(i) is compensated by the qualified high loss reserve
PCL;
``(ii) is independent of such PCL; and
``(iii) has been approved by the Administrator during
the preceding year.
``(I) PCLP loan.--For purposes of this paragraph, the term
`PCLP loan' means any loan guaranteed under this section.
``(J) Eligible calendar quarter.--For purposes of this
paragraph, the term `eligible calendar quarter' means--
``(i) the first calendar quarter that begins after the
end of the 90-day period beginning with the date of the
enactment of this paragraph; and
``(ii) the 7 succeeding calendar quarters.
``(K) Calendar quarter.--For purposes of this paragraph,
the term `calendar quarter' means--
``(i) the period which begins on January 1 and ends on
March 31 of each year;
``(ii) the period which begins on April 1 and ends on
June 30 of each year;
``(iii) the period which begins on July 1 and ends on
September 30 of each year; and
``(iv) the period which begins on October 1 and ends on
December 31 of each year.
``(L) Regulations.--Not later than 45 days after the date
of the enactment of this paragraph, the Administrator shall
publish in the Federal Register and transmit to the Congress
regulations to carry out this paragraph. Such regulations shall
include provisions relating to--
``(i) the approval of auditors under subparagraph (H);
and
``(ii) the designation of qualified high loss reserve
PCLs under subparagraph (F), including the determination of
whether a process for analyzing risk of loss is appropriate
and effective for purposes of subparagraph (F)(ii).
``(8) Bureau of pclp oversight.--
``(A) Establishment.--There is hereby established in the
Small Business Administration a bureau to be known as the
Bureau of PCLP Oversight.
``(B) Purpose.--The Bureau of PCLP Oversight shall carry
out such functions of the Administration under this subsection
as the Administrator may designate.
``(C) Deadline.--Not later than 90 days after the date of
the enactment of this Act--
``(i) the Administrator shall ensure that the Bureau of
PCLP Oversight is prepared to carry out any functions
designated under subparagraph (B), and
``(ii) the Office of the Inspector General of the
Administration shall report to the Congress on the
preparedness of the Bureau of PCLP Oversight to carry out
such functions.''.
(b) Increased Reimbursement for Losses Related to Debentures Issued
During Election Period.--Subparagraph (C) of section 508(b)(2) of the
Small Business Investment Act of 1958 (15 U.S.C. 697e(b)(2)) is amended
by inserting ``(15 percent in the case of any such loss attributable to
a debenture issued by the company during any period for which an
election is in effect under subsection (c)(7) for such company)''
before ``; and''.
(c) Conforming Amendments.--
(1) Subparagraph (D) of section 508(b)(2) of the Small Business
Investment Act of 1958 (15 U.S.C. 697e(b)(2)) is amended by
striking ``subsection (c)(2)'' and inserting ``subsection (c)''.
(2) Paragraph (5) of section 508(c) of the Small Business
Investment Act of 1958 (15 U.S.C. 697e(c)) is amended by striking
``10 percent''.
(d) Study and Report.--
(1) In general.--The Administrator shall enter into a contract
with a Federal agency experienced in community development lending
and financial regulation or with a member of the Federal Financial
Institutions Examinations Council to study and prepare a report
regarding--
(A) the extent to which statutory requirements have caused
overcapitalization in the loss reserves maintained by certified
development companies participating in the Premier Certified
Lenders Program established under section 508 of the Small
Business Investment Act of 1958 (15 U.S.C. 697e); and
(B) alternatives for establishing and maintaining loss
reserves that are sufficient to protect the Federal Government
from the risk of loss associated with loans guaranteed under
such Program.
(2) Transmission of report.--The report described in paragraph
(1) shall be transmitted to the Committee on Small Business of the
House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate not later than 90 days after the
date of the enactment of this Act.
(3) Limitation.--The amount of the contract described in
paragraph (1) shall not exceed $75,000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
| Premier Certified Lenders Program Improvement Act of 2003 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to allow a certified development company to withdraw from its loss reserve amounts in excess of one percent of the aggregate outstanding balances of debentures to which such loss reserve relates (with an exception).
Makes loss reserve requirements of lenders under the premier certified lenders (PCL) program inapplicable to PCLs that ensure that the amount of their loss reserve is: (1) not less than $100,000; and (2) sufficient, as determined by an independent auditor, for the PCL to meet its obligations to protect the Federal Government from risk of loss. Designates such PCLs as qualified high loss reserve PCLs. Requires such PCLs to certify quarterly to the SBA Administrator as to the sufficiency of such reserves. Requires: (1) the Administrator to allow the qualified high loss reserve PCL to withdraw funds in excess of the required reserve; (2) PCL recontribution when the reserve does not meet such minimum requirements; and (3) the PCL to meet specified SBA risk management benchmarks when not qualified as a high loss reserve PCL.Establishes in the SBA the Bureau of PCLP Oversight to carry out PCL Program functions designated by the Administrator.Increases the reimbursement required from a PCL to the Administrator for losses sustained by the SBA as a result of PCL default on debentures issued by the PCL and guaranteed by the SBA during any period in which the PCL elects to operate under the alternative loss reserve requirements of this Act to 15 percent of the total principal and interest on such debentures. (Currently, ten percent reimbursement is required when a PCL is operating under normal loss reserve requirements.)Directs the Administrator to contract with either a Federal agency experienced in community development lending and financial regulation or a member of the Federal Financial Institutions Examination Council to study and prepare a report regarding: (1) the extent to which statutory requirements have caused overcapitalization in the loss reserves maintained by certified PCLs participating in the PCL Program; and (2) alternatives for establishing and maintaining loss reserves sufficient to protect the Federal Government from the risk of loss associated with loans guaranteed under the Program. Requires the report to be transmitted to the congressional small business committees. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Services for Older Youth
in Foster Care Act''.
SEC. 2. IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE INDEPENDENCE
PROGRAM AND RELATED PROVISIONS.
(a) Authority To Serve Former Foster Youth up to Age 23.--Section
477 of the Social Security Act (42 U.S.C. 677) is amended--
(1) in subsection (a)(5), by inserting ``(or 23 years of
age, in the case of a State with a certification under
subsection (b)(3)(A)(ii) to provide assistance and services to
youths who have aged out of foster care and have not attained
such age, in accordance with such subsection)'' after ``21
years of age'';
(2) in subsection (b)(3)(A)--
(A) by inserting ``(i)'' before ``A
certification'';
(B) by striking ``children who have left foster
care'' and all that follows through the period and
inserting ``youths who have aged out of foster care and
have not attained 21 years of age.''; and
(C) by adding at the end the following:
``(ii) If the State has elected under section
475(8)(B) to extend eligibility for foster care to all
children who have not attained 21 years of age, or if
the Secretary determines that the State agency
responsible for administering the State plans under
this part and part B uses State funds or any other
funds not provided under this part to provide services
and assistance for youths who have aged out of foster
care that are comparable to the services and assistance
the youths would receive if the State had made such an
election, the certification required under clause (i)
may provide that the State will provide assistance and
services to youths who have aged out of foster care and
have not attained 23 years of age.''; and
(3) in subsection (b)(3)(B), by striking ``children who
have left foster care'' and all that follows through the period
and inserting ``youths who have aged out of foster care and
have not attained 21 years of age (or 23 years of age, in the
case of a State with a certification under subparagraph (A)(i)
to provide assistance and services to youths who have aged out
of foster care and have not attained such age, in accordance
with subparagraph (A)(ii)).''.
(b) Authority To Redistribute Unspent Funds.--Section 477(d) of
such Act (42 U.S.C. 677(d)) is amended--
(1) in paragraph (4), by inserting ``or does not expend
allocated funds within the time period specified under section
477(d)(3)'' after ``provided by the Secretary''; and
(2) by adding at the end the following:
``(5) Redistribution of unexpended amounts.--
``(A) Availability of amounts.--To the extent that
amounts paid to States under this section in a fiscal
year remain unexpended by the States at the end of the
succeeding fiscal year, the Secretary may make the
amounts available for redistribution in the second
succeeding fiscal year among the States that apply for
additional funds under this section for that second
succeeding fiscal year.
``(B) Redistribution.--
``(i) In general.--The Secretary shall
redistribute the amounts made available under
subparagraph (A) for a fiscal year among
eligible applicant States. In this
subparagraph, the term `eligible applicant
State' means a State that has applied for
additional funds for the fiscal year under
subparagraph (A) if the Secretary determines
that the State will use the funds for the
purpose for which originally allotted under
this section.
``(ii) Amount to be redistributed.--The
amount to be redistributed to each eligible
applicant State shall be the amount so made
available multiplied by the State foster care
ratio (as defined in subsection (c)(4), except
that, in such subsection, `all eligible
applicant States (as defined in subsection
(d)(5)(B)(i))' shall be substituted for `all
States').
``(iii) Treatment of redistributed
amount.--Any amount made available to a State
under this paragraph shall be regarded as part
of the allotment of the State under this
section for the fiscal year in which the
redistribution is made.
``(C) Tribes.--For purposes of this paragraph, the
term `State' includes an Indian tribe, tribal
organization, or tribal consortium that receives an
allotment under this section.''.
(c) Expanding and Clarifying the Use of Education and Training
Vouchers.--
(1) In general.--Section 477(i)(3) of such Act (42 U.S.C.
677(i)(3)) is amended--
(A) by striking ``on the date'' and all that
follows through ``23'' and inserting ``to remain
eligible until they attain 26''; and
(B) by inserting ``, but in no event may a youth
participate in the program for more than 5 years
(whether or not consecutive)'' before the period.
(2) Conforming amendment.--Section 477(i)(1) of such Act
(42 U.S.C. 677(i)(1)) is amended by inserting ``who have
attained 14 years of age'' before the period.
(d) Other Improvements.--Section 477 of such Act (42 U.S.C. 677),
as amended by subsections (a), (b), and (c) of this section, is
amended--
(1) in the section heading, by striking ``independence
program'' and inserting ``program for successful transition to
adulthood'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``identify children who are
likely to remain in foster care until 18 years
of age and to help these children make the
transition to self-sufficiency by providing
services'' and inserting ``support all youth
who have experienced foster care at age 14 or
older in their transition to adulthood through
transitional services'';
(ii) by inserting ``and post-secondary
education'' after ``high school diploma''; and
(iii) by striking ``training in daily
living skills, training in budgeting and
financial management skills'' and inserting
``training and opportunities to practice daily
living skills (such as financial literacy
training and driving instruction)'';
(B) in paragraph (2), by striking ``who are likely
to remain in foster care until 18 years of age receive
the education, training, and services necessary to
obtain employment'' and inserting ``who have
experienced foster care at age 14 or older achieve
meaningful, permanent connections with a caring
adult'';
(C) in paragraph (3), by striking ``who are likely
to remain in foster care until 18 years of age prepare
for and enter postsecondary training and education
institutions'' and inserting ``who have experienced
foster care at age 14 or older engage in age or
developmentally appropriate activities, positive youth
development, and experiential learning that reflects
what their peers in intact families experience''; and
(D) by striking paragraph (4) and redesignating
paragraphs (5) through (8) as paragraphs (4) through
(7);
(3) in subsection (b)--
(A) in paragraph (2)(D), by striking
``adolescents'' and inserting ``youth''; and
(B) in paragraph (3)--
(i) in subparagraph (D)--
(I) by inserting ``including
training on youth development'' after
``to provide training''; and
(II) by striking ``adolescents
preparing for independent living'' and
all that follows through the period and
inserting ``youth preparing for a
successful transition to adulthood and
making a permanent connection with a
caring adult.'';
(ii) in subparagraph (H), by striking
``adolescents'' each place it appears and
inserting ``youth''; and
(iii) in subparagraph (K)--
(I) by striking ``an adolescent''
and inserting ``a youth''; and
(II) by striking ``the adolescent''
each place it appears and inserting
``the youth''; and
(4) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) Report to congress.--Not later than October 1, 2018,
the Secretary shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of
the Senate a report on the National Youth in Transition
Database and any other databases in which States report outcome
measures relating to children in foster care and children who
have aged out of foster care or left foster care for kinship
guardianship or adoption. The report shall include the
following:
``(A) A description of the reasons for entry into
foster care and of the foster care experiences, such as
length of stay, number of placement settings, case
goal, and discharge reason of 17-year-olds who are
surveyed by the National Youth in Transition Database
and an analysis of the comparison of that description
with the reasons for entry and foster care experiences
of children of other ages who exit from foster care
before attaining age 17.
``(B) A description of the characteristics of the
individuals who report poor outcomes at ages 19 and 21
to the National Youth in Transition Database.
``(C) Benchmarks for determining what constitutes a
poor outcome for youth who remain in or have exited
from foster care and plans the executive branch will
take to incorporate these benchmarks in efforts to
evaluate child welfare agency performance in providing
services to children transitioning from foster care.
``(D) An analysis of the association between types
of placement, number of overall placements, time spent
in foster care, and other factors, and outcomes at ages
19 and 21.
``(E) An analysis of the differences in outcomes
for children in and formerly in foster care at age 19
and 21 among States.''.
(e) Clarifying Documentation Provided to Foster Youth Leaving
Foster Care.--Section 475(5)(I) of such Act (42 U.S.C. 675(5)(I)) is
amended by inserting after ``REAL ID Act of 2005'' the following: ``,
and any official documentation necessary to prove that the child was
previously in foster care''.
Passed the House of Representatives June 20, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Improving Services for Older Youth in Foster Care Act (Sec. 2) This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise the John H. Chafee Foster Care Independence Program to: authorize states electing to extend foster care eligibility up to age 21 to extend assistance and services to youths who have aged out of foster care but have not yet reached age 23, authorize redistribution of unexpended amounts among states that apply for additional program funds, allow states to make individuals eligible for participation in the educational and training voucher program through age 25 (but no more than 5 years), and modify congressional reporting requirements. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Marriage Tax
Penalty Relief Act of 2000''.
(b) Section 15 Not To Apply.--No amendment made by this Act shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION.
(a) In General.--Paragraph (2) of section 63(c) of the Internal
Revenue Code of 1986 (relating to standard deduction) is amended--
(1) by striking ``$5,000'' in subparagraph (A) and
inserting ``200 percent of the dollar amount in effect under
subparagraph (C) for the taxable year'';
(2) by adding ``or'' at the end of subparagraph (B);
(3) by striking ``in the case of'' and all that follows in
subparagraph (C) and inserting ``in any other case.''; and
(4) by striking subparagraph (D).
(b) Technical Amendments.--
(1) Subparagraph (B) of section 1(f)(6) of such Code is
amended by striking ``(other than with'' and all that follows
through ``shall be applied'' and inserting ``(other than with
respect to sections 63(c)(4) and 151(d)(4)(A)) shall be
applied''.
(2) Paragraph (4) of section 63(c) of such Code is amended
by adding at the end the following flush sentence:
``The preceding sentence shall not apply to the amount referred
to in paragraph (2)(A).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. PHASEOUT OF MARRIAGE PENALTY IN 15-PERCENT BRACKET; REPEAL OF
REDUCTION OF REFUNDABLE TAX CREDITS.
(a) In General.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 (relating to adjustments in tax tables so that
inflation will not result in tax increases) is amended by adding at the
end the following new paragraph:
``(8) Phaseout of marriage penalty in 15-percent bracket.--
``(A) In general.--With respect to taxable years
beginning after December 31, 2002, in prescribing the
tables under paragraph (1)--
``(i) the maximum taxable income in the
lowest rate bracket in the table contained in
subsection (a) (and the minimum taxable income
in the next higher taxable income bracket in
such table) shall be the applicable percentage
of the maximum taxable income in the lowest
rate bracket in the table contained in
subsection (c) (after any other adjustment
under this subsection), and
``(ii) the comparable taxable income
amounts in the table contained in subsection
(d) shall be \1/2\ of the amounts determined
under clause (i).
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
``For taxable years beginning
The applicable
in calendar year--
percentage is--
2003................................... 170.3
2004................................... 173.8
2005................................... 183.5
2006................................... 184.3
2007................................... 187.9
2008 and thereafter.................... 200.0.
``(C) Rounding.--If any amount determined under
subparagraph (A)(i) is not a multiple of $50, such
amount shall be rounded to the next lowest multiple of
$50.''.
(b) Repeal of Reduction of Refundable Tax Credits.--
(1) Subsection (d) of section 24 of such Code is amended by
striking paragraph (2) and redesignating paragraph (3) as
paragraph (2).
(2) Section 32 of such Code is amended by striking
subsection (h).
(c) Technical Amendments.--
(1) Subparagraph (A) of section 1(f)(2) of such Code is
amended by inserting ``except as provided in paragraph (8),''
before ``by increasing''.
(2) The heading for subsection (f) of section 1 of such
Code is amended by inserting ``Phaseout of Marriage Penalty in
15-Percent Bracket;'' before ``Adjustments''.
(d) Effective Dates.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2002.
(2) Repeal of reduction of refundable tax credits.--The
amendments made by subsection (b) shall apply to taxable years
beginning after December 31, 2001.
SEC. 4. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT.
(a) In General.--Paragraph (2) of section 32(b) of the Internal
Revenue Code of 1986 (relating to percentages and amounts) is amended--
(1) by striking ``Amounts.--The earned'' and inserting
``Amounts.--
``(A) In general.--Subject to subparagraph (B), the
earned''; and
(2) by adding at the end the following new subparagraph:
``(B) Joint returns.--In the case of a joint
return, the phaseout amount determined under
subparagraph (A) shall be increased by $2,000.''.
(b) Inflation Adjustment.--Paragraph (1)(B) of section 32(j) of
such Code (relating to inflation adjustments) is amended to read as
follows:
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined--
``(i) in the case of amounts in subsections
(b)(2)(A) and (i)(1), by substituting `calendar
year 1995' for `calendar year 1992' in
subparagraph (B) thereof, and
``(ii) in the case of the $2,000 amount in
subsection (b)(2)(B), by substituting `calendar
year 2000' for `calendar year 1992' in
subparagraph (B) of such section 1.''.
(c) Rounding.--Section 32(j)(2)(A) of such Code (relating to
rounding) is amended by striking ``subsection (b)(2)'' and inserting
``subsection (b)(2)(A) (after being increased under subparagraph (B)
thereof)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
Passed the House of Representatives February 10, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | (Sec. 2) Amends the Internal Revenue Code to provide that the basic standard deduction for a married couple filing jointly shall be twice the basic standard deduction for an unmarried individual, beginning in 2001.(Sec. 3) Provides that the 15 percent regular income tax bracket for a married couple filing jointly shall be twice the size of the corresponding bracket for an unmarried individual. Sets forth a graduated phase-in beginning in 2003 and fully effective in 2008.Repeals provisions that reduce the refundable child credit and earned income credit by the amount of the taxpayer's alternative minimum tax, beginning in 2002.(Sec. 4) Increases the beginning point of the phase-out range of the earned income credit for married couples filing jointly by $2,000, beginning in 2001. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Triad Program Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) senior citizens are among the most rapidly growing
segments of our society;
(2) currently, senior citizens comprise 15 percent of our
society, and predictions are that by the turn of the century
they will constitute 18 percent of our Nation's population;
(3) senior citizens find themselves uniquely situated in
our society, environmentally and physically;
(4) many senior citizens are experiencing increased social
isolation due to fragmented and distant familial relations,
scattered associations, limited access to transportation, and
other insulating factors;
(5) physical conditions such as hearing loss, poor
eyesight, lessened agility, and chronic and debilitating
illnesses often contribute to an older person's susceptibility
to criminal victimization;
(6) senior citizens are too frequently the victims of abuse
and neglect, violent crime, property crime, consumer fraud,
medical quackery, and confidence games;
(7) studies have found that senior citizens that are
victims of violent crime are more likely to be injured and
require medical attention than are younger victims;
(8) victimization data on crimes against senior citizens
are incomplete and out of date, and data sources are partial,
scattered, and not easily obtained;
(9) although a few studies have attempted to define and
estimate the extent of abuse and neglect of senior citizens,
both in their homes and in institutional settings, many experts
believe that this crime is substantially underreported and
undetected;
(10) similarly, while some evidence suggests that senior
citizens may be targeted in a range of fraudulent schemes,
neither the Uniform Crime Report nor the National Crime Survey
collects data on individual- or household-level fraud;
(11) many law enforcement agencies do not have model
practices for responding to the criminal abuse of senior
citizens;
(12) law enforcement officers and social service providers
come from different disciplines and frequently bring different
perspectives to the problem of crimes against senior citizens;
(13) those differences, in turn, can contribute to
inconsistent approaches to the problem and inhibit a genuinely
effective response;
(14) there are, however, a few efforts currently under way
that seek to forge partnerships to coordinate criminal justice
and social service approaches to victimization of senior
citizens;
(15) the Triad program, sponsored by the National Sheriffs'
Association (NSA), the International Association of Chiefs of
Police (IACP), and the American Association of Retired Persons
(AARP), is one such effort; and
(16) recognizing that senior citizens have the same
fundamental desire as other members of our society to live
freely, without fear or restriction due to the criminal
element, the Federal Government should seek to expand efforts
to reduce crime against this growing and uniquely vulnerable
segment of our population.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to support a coordinated effort among law enforcement
and social service agencies to stem the tide of violence
against senior citizens and support media and nonmedia
strategies aimed at increasing both public understanding of the
problem and the senior citizens' skills in preventing crime
against themselves and their property; and
(2) to address the problem of crime against senior citizens
in a systematic and effective manner by promoting and expanding
collaborative crime prevention programs, such as the Triad
model, that assist law enforcement agencies and senior citizens
in implementing specific strategies for crime prevention,
victim assistance, citizen involvement, and public education.
SEC. 4. NATIONAL ASSESSMENT AND DISSEMINATION.
(a) In General.--The Director of the National Institute of Justice
shall conduct a qualitative and quantitative national assessment of--
(1) the nature and extent of crimes committed against
senior citizens and the effect of such crimes on the victims;
(2) the numbers, extent, and impact of violent crimes and
nonviolent crimes (such as frauds and ``scams'') against senior
citizens and the extent of unreported crime;
(3) the collaborative needs of law enforcement, health, and
social service organizations, focusing on prevention of crimes
against senior citizens, to identify, investigate, and provide
assistance to victims of those crimes; and
(4) the development and growth of strategies to respond
effectively to the matters described in paragraphs (1), (2),
and (3).
(b) Matters To Be Addressed.--The national assessment made pursuant
to subsection (a) shall address--
(1) the analysis and synthesis of data from a broad range
of sources in order to develop accurate information on the
nature and extent of crimes against senior citizens, including
identifying and conducting such survey and other data
collection efforts as are needed and designing a strategy to
keep such information current over time;
(2) institutional and community responses to elderly
victims of crime, focusing on the problems associated with fear
of victimization, abuse of senior citizens, and hard-to-reach
senior citizens who are in poor health, are living alone or
without family nearby, or living in high crime areas;
(3) special services and responses required by elderly
victims;
(4) whether the experience of senior citizens with some
service organizations differs markedly from that of younger
populations;
(5) the kinds of programs that have proven useful in
reducing victimization of senior citizens through crime
prevention activities and programs;
(6) the kinds of programs that contribute to successful
coordination among public sector agencies and community
organizations in reducing victimization of senior citizens; and
(7) the research agenda needed to develop a comprehensive
understanding of the problems of crimes against senior
citizens, including the changes that can be anticipated in the
crimes themselves and appropriate responses as the society
increasingly ages.
(c) Avoidance of Duplication.--In conducting the assessment under
subsection (a), the Director of the National Institute of Justice shall
draw upon the findings of existing studies and avoid duplication of
efforts that have previously been made.
(d) Dissemination.--Based on the results of the national assessment
and analysis of successful or promising strategies in dealing with the
problems described in subsection (b) and other problems, including
coalition efforts such as the Triad programs described in sections 2
and 3, the Director of the National Institute of Justice shall
disseminate the results through reports, publications, clearinghouse
services, public service announcements, and programs of evaluation,
demonstration, training, and technical assistance.
SEC. 5. PILOT PROGRAMS.
(a) Awards.--The Director of the Bureau of Justice Assistance shall
make grants to coalitions of local law enforcement agencies and senior
citizens to assist in the development of programs and execute field
tests of particularly promising strategies for crime prevention
services and related services based on the concepts of the Triad model,
which can then be evaluated and serve as the basis for further
demonstration and education programs.
(b) Triad Cooperative Model.--(1) Subject to paragraph (2), a pilot
program funded under this section shall consist of the Triad
cooperative model developed by the organizations described in section
2(15), which calls for the participation of the sheriff, at least 1
police chief, and a representative of at least 1 senior citizens'
organization within a county and may include participation by general
service coalitions of law enforcement, victim service, and senior
citizen advocate organizations.
(2) If there is not both a sheriff and a police chief in a county
or if the sheriff or a police chief do not participate, a pilot program
funded under this section shall include in the place of the sheriff or
police chief another key law enforcement official in the county such as
a local prosecutor.
(c) Application.--A coalition or Triad program that desires to
establish a pilot program under this section shall submit to the
Director of the Bureau of Justice Assistance an application that
includes--
(1) a description of the community and its senior citizen
population;
(2) assurances that Federal funds received under this part
shall be used to provide additional and appropriate education
and services to the community's senior citizens;
(3) a description of the extent of involvement of each
organizational component (chief, sheriff (or other law
enforcement official), and senior organization representative)
and focus of the Triad program;
(4) a comprehensive plan including--
(A) a description of the crime problems facing
senior citizens and need for expanded law enforcement
and victim assistance services;
(B) a description of the types of projects to be
developed or expanded;
(C) a plan for an evaluation of the results of
Triad endeavors;
(D) a description of the resources (including
matching funds, in-kind services, and other resources)
available in the community to implement the Triad
development or expansion;
(E) a description of the gaps that cannot be filled
with existing resources;
(F) an explanation of how the requested grant will
be used to fill those gaps; and
(G) a description of the means and methods the
applicant will use to reduce criminal victimization of
older persons; and
(5) funding requirements for implementing a comprehensive
plan.
(d) Distribution of Awards.--The Director of the Bureau of Justice
Assistance shall make awards--
(1) to 20 Triad programs in counties with a population of
less than 50,000;
(2) to 20 Triad programs in counties with a population of
at least 50,000 but less than 100,000; and
(3) to 10 Triad programs in counties with a population of
100,000 or more.
(e) Post-Grant Period Report.--A grant recipient under this section
shall, not later than 6 months after the conclusion of the grant
period, submit to the Director of the Bureau of Justice Assistance a
report that--
(1) describes the composition of organizations that
participated in the pilot program;
(2) identifies problem areas encountered during the course
of the pilot program;
(3) provides data comparing the types and frequency of
criminal activity before and after the grant period and the
effect of such criminal activity on senior citizens in the
community; and
(4) describes the grant recipient's plans and goals for
continuance of the Triad program after the grant period.
SEC. 6. TRAINING ASSISTANCE, EVALUATION, AND DISSEMINATION AWARDS.
In conjunction with the national assessment under section 4--
(1) the Director of the Bureau of Justice Assistance shall
make awards to organizations with demonstrated ability to
provide training and technical assistance in establishing crime
prevention programs based on the Triad model, for purposes of
aiding in the establishment and expansion of pilot programs
under this section; and
(2) the Director of the National Institute of Justice shall
make awards to research organizations, for the purposes of--
(A) evaluating the effectiveness of selected pilot
programs; and
(B) conducting the research and development
identified through the national assessment as being
critical; and
(3) the Director of the Bureau of Justice Assistance shall
make awards to public service advertising coalitions, for the
purposes of mounting a program of public service advertisements
to increase public awareness and understanding of the issues
surrounding crimes against senior citizens and promoting ideas
or programs to prevent them.
SEC. 7. REPORT.
The Director of the Bureau of Justice Assistance and the Director
of the National Institute of Justice shall submit to Congress an annual
report (which may be included with the report submitted under section
102(b) of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3712(b)) describing the results of the pilot programs
conducted under section 5.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $2,000,000 to the Bureau of Justice Assistance for the
purpose of making Triad pilot program awards in that amount
under section 5;
(2) $1,000,000 to the Bureau of Justice Assistance for the
purpose of funding the national training and technical
assistance effort under sections 4 and 6;
(3) $1,000,000 to the Bureau of Justice Assistance for the
purpose of developing public service announcements under
sections 4 and 6;
(4) $2,000,000 to the National Institute of Justice for the
purposes of conducting the national assessment, evaluation
pilot programs, and carrying out the research agenda under
sections 4 and 6; and
(5) to the extent that funds are not otherwise available
for the purpose, such sums as are necessary to pay the
administrative costs of carrying out this Act. | National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a qualitative and quantitative national assessment of: (1) the nature and extent of crimes committed against senior citizens and the effect of such crimes on the victims; (2) the numbers, extent, and impact of violent and nonviolent crimes against senior citizens and the extent of unreported crime; (3) the collaborative needs of law enforcement, health, and social service organizations, focusing on prevention of crimes against senior citizens, to identify, investigate, and provide assistance to victims of such crimes; and (4) the development and growth of strategies to respond effectively] to such matters.
Directs the Director to make grants to coalitions of local law enforcement agencies and senior citizens to assist in the development of programs and execute field tests of particularly promising strategies for crime prevention and related services, based on the concepts of the Triad model (which generally calls for the participation of the sheriff, at least one police chief, and a representative of at least one senior citizens' organization within a county) which can then be evaluated and serve as the basis for further demonstration and education programs.
Requires the Director to make awards to: (1) organizations with demonstrated ability to provide training and technical assistance in establishing crime prevention programs based on the Triad model, for purposes of aiding in the establishment and expansion of pilot programs; (2) research organizations to evaluate the effectiveness of selected pilot programs, and to conduct research and development identified as being critical; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against senior citizens.
Authorizes appropriations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Non-Foreign Area Retirement Equity
Assurance Act of 2008'' or the ``Non-Foreign AREA Act of 2008''.
SEC. 2. EXTENSION OF LOCALITY PAY.
(a) Locality-Based Comparability Payments.--Section 5304(f)(1) of
title 5, United States Code, is amended by striking subparagraph (A)
and inserting the following:
``(A) each General Schedule position in the United
States, as defined under section 5921(4), and its
territories and possessions, including the Commonwealth
of Puerto Rico and the Commonwealth of the Northern
Mariana Islands shall be included within a pay
locality; and''.
(b) Allowances Based on Living Costs and Conditions of
Environment.--Section 5941 of title 5, United States Code, is amended--
(1) in subsection (a), by adding after the last sentence
``Notwithstanding any preceding provision of this subsection,
the cost-of-living allowance rate based on paragraph (1) of
this subsection shall be the cost-of-living allowance rate in
effect on December 31, 2008, except as adjusted under
subsection (c).'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following:
``(b) This section shall apply only to areas that are designated as
cost-of-living allowance areas as in effect on December 31, 2008.
``(c)(1) The cost-of-living allowance rate payable under this
section shall be adjusted on the first day of the first applicable pay
period beginning on or after--
``(A) January 1, 2009; and
``(B) on January 1 of each calendar year in which a
locality-based comparability adjustment takes effect under
section 4 (2) and (3) of the Non-Foreign Area Retirement Equity
Assurance Act of 2008.
``(2)(A) In this paragraph, the term `applicable locality-based
comparability pay percentage' means, with respect to calendar year 2009
and each calendar year thereafter, the applicable percentage under
section 4 (1), (2), or (3) of Non-Foreign Area Retirement Equity
Assurance Act of 2008.
``(B) Each adjusted cost-of-living allowance rate under paragraph
(1) shall be computed by--
``(i) subtracting 65 percent of the applicable locality-
based comparability pay percentage from the cost-of-living
allowance percentage rate in effect on December 31, 2008; and
``(ii) dividing the resulting percentage determined under
clause (i) by the sum of--
``(I) one; and
``(II) the applicable locality-based comparability
payment percentage expressed as a numeral.
``(3) No allowance rate computed under paragraph (2) may be less
than zero.
``(4) Each allowance rate computed under paragraph (2) shall be
paid as a percentage of basic pay (including any applicable locality-
based comparability payment under section 5304 or similar provision of
law and any applicable special rate of pay under section 5305 or
similar provision of law).''.
SEC. 3. ADJUSTMENT OF SPECIAL RATES.
(a) In General.--Each special rate of pay established under section
5305 of title 5, United States Code, and payable in an area designated
as a cost-of-living allowance area under section 5941(a) of that title,
shall be adjusted, on the dates prescribed by section 4 of this Act, in
accordance with regulations prescribed by the Director of the Office of
Personnel Management under section 9 of this Act.
(b) Department of Veterans Affairs.--Each special rate of pay
established under section 7455 of title 38, United States Code, and
payable in a location designated as a cost-of-living allowance area
under section 5941(a)(1) of title 5, United States Code, shall be
adjusted in accordance with regulations prescribed by the Secretary of
Veterans Affairs that are consistent with the regulations issued by the
Director of the Office of Personnel Management under subsection (a).
(c) Temporary Adjustment.--Regulations issued under subsection (a)
or (b) may provide that statutory limitations on the amount of such
special rates may be temporarily raised to a higher level during the
transition period described in section 4 ending on the first day of the
first pay period beginning on or after January 1, 2011, at which time
any special rate of pay in excess of the applicable limitation shall be
converted to a retained rate under section 5363 of title 5, United
States Code.
SEC. 4. TRANSITION SCHEDULE FOR LOCALITY-BASED COMPARABILITY PAYMENTS.
Notwithstanding any other provision of this Act or section 5304 or
5304a of title 5, United States Code, in implementing the amendments
made by this Act, for each non-foreign area determined under section
5941(b) of that title, the applicable rate for the locality-based
comparability adjustment that is used in the computation required under
section 5941(c) of that title shall be adjusted effective on the first
day of the first pay period beginning on or after January 1--
(1) in calendar year 2009, by using \1/3\ of the locality
pay percentage for the rest of United States locality pay area;
(2) in calendar year 2010, by using \2/3\ of the otherwise
applicable comparability payment approved by the President for
each non-foreign area; and
(3) in calendar year 2011 and each subsequent year, by
using the full amount of the applicable comparability payment
approved by the President for each non-foreign area.
SEC. 5. SAVINGS PROVISION.
(a) In General.--The application of this Act to any employee may
not result in the amount of the decrease in the amount of pay
attributable to special rate pay and the cost-of-living allowance as in
effect on the date of enactment of this Act exceeding the amount of the
increase in the locality-based comparability payments paid to that
employee.
(b) Sense of Congress.--It is the sense of Congress that the
application of this Act to any employee should not result in a decrease
in the take home pay of that employee.
SEC. 6. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.
(a) In General.--
(1) Definition.--In this subsection, the term ``covered
employee'' means--
(A) any employee who--
(i) on--
(I) the day before the date of
enactment of this Act--
(aa) was eligible to be
paid a cost-of-living allowance
under 5941 of title 5, United
States Code; and
(bb) was not eligible to be
paid locality-based
comparability payments under
5304 or 5304a of that title; or
(II) or after the date of enactment
of this Act becomes eligible to be paid
a cost-of-living allowance under 5941
of title 5, United States Code; and
(ii) except as provided under paragraph
(2), is not covered under--
(I) section 5941 of title 5, United
States Code (as amended by section 2 of
this Act); and
(II) section 4 of this Act; or
(B) any employee who--
(i) on the day before the date of enactment
of this Act--
(I) was eligible to be paid an
allowance under section 1603(b) of
title 10, United States Code;
(II) was eligible to be paid an
allowance under section 1005(b) of
title 39, United States Code; or
(III) was employed by the
Transportation Security Administration
of the Department of Homeland Security
and was eligible to be paid an
allowance based on section 5941 of
title 5, United States Code; or
(ii) on or after the date of enactment of
this Act--
(I) becomes eligible to be paid an
allowance under section 1603(b) of
title 10, United States Code;
(II) becomes eligible to be paid an
allowance under section 1005(b) of
title 39, United States Code; or
(III) is employed by the
Transportation Security Administration
of the Department of Homeland Security
and becomes eligible to be paid an
allowance based on section 5941 of
title 5, United States Code.
(2) Application to covered employees.--
(A) In general.--Notwithstanding any provision of
title 5, United States Code, for purposes of this Act
(including the amendments made by this Act) any covered
employee shall be treated as an employee to whom
section 5941 of title 5, United States Code (as amended
by section 2 of this Act), and section 4 of this Act
apply.
(B) Pay fixed by statute.--Pay to covered employees
under section 5304 or 5304a of title 5, United States
Code, as a result of the application of this Act shall
be considered to be fixed by statute.
(C) Performance appraisal system.--With respect to
a covered employee who is subject to a performance
appraisal system no part of pay attributable to
locality-based comparability payments as a result of
the application of this Act including section 5941 of
title 5, United States Code (as amended by section 2 of
this Act), may be reduced on the basis of the
performance of that employee.
(b) Postal Service Employees in Nonforeign Areas.--Section 1005(b)
of title 39, United States Code, is amended by inserting ``and the Non-
Foreign Area Retirement Equity Assurance Act of 2008'' after ``Section
5941 of title 5''.
SEC. 7. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY
EMPLOYEES.
(a) Definition.--In this section the term ``covered employee''
means any employee--
(1) to whom section 4 applies;
(2) who is separated from service by reason of retirement
under chapter 83 or 84 of title 5, United States Code, during
the period of January 1, 2009, through December 31, 2011; and
(3) who files and election with the Office of Personnel
Management under subsection (b).
(b) Election.--
(1) In general.--An employee described under subsection (a)
(1) and (2) may file an election with the Office of Personnel
Management to be covered under this section.
(2) Deadline.--An election under this subsection may be
filed not later than December 31, 2011.
(c) Computation of Annuity.--For purposes of the computation of an
annuity of a covered employee any cost-of-living allowance under
section 5941 of title 5, United States Code, paid to that employee
during the first applicable pay period beginning on or after January 1,
2009 through the first applicable pay period ending on or after
December 31, 2011, shall be considered basic pay as defined under
section 8331(3) or 8401(4) of that title.
(d) Civil Service Retirement and Disability Retirement Fund.--
(1) Employee contributions.--A covered employee shall pay
into the Civil Service Retirement and Disability Retirement
Fund--
(A) an amount equal to the difference between--
(i) employee contributions that would have
been deducted and withheld from pay under
section 8334 or 8422 of title 5, United States
Code, during the period described under
subsection (c) of this section if that
subsection had been in effect during that
period; and
(ii) employee contributions that were
actually deducted and withheld from pay under
section 8334 or 8422 of title 5, United States
Code, during that period; and
(B) interest as prescribed under section 8334(e) of
title 5, United States Code, based on the amount
determined under subparagraph (A).
(2) Agency contributions.--
(A) In general.--The employing agency of a covered
employee shall pay into the Civil Service Retirement
and Disability Retirement Fund an amount for applicable
agency contributions based on payments made under
paragraph (1).
(B) Source.--Amounts paid under this paragraph
shall be contributed from the appropriation or fund
used to pay the employee.
(3) Regulations.--The Office of Personnel Management may
prescribe regulations to carry out this section.
SEC. 8. ELECTION OF COVERAGE BY EMPLOYEES.
(a) In General.--Notwithstanding any other provision of this Act,
an employee may make an irrevocable election in accordance with this
section, if--
(1) that employee is paid an allowance under section 5491
of title 5, United States Code, during a pay period in which
the date of the enactment of this Act occurs; or
(2) that employee--
(A) is a covered employee as defined under section
6(a)(1); and
(B) during a pay period in which the date of the
enactment of this Act occurs is paid an allowance--
(i) under section 1603(b) of title 10,
United States Code;
(ii) under section 1005(b) of title 39,
United States Code; or
(iii) based on section 5941 of title 5,
United States Code.
(b) Filing Election.--Not later than 60 days after the date of
enactment of this Act, an employee described under subsection (a) may
file an election with the Office of Personnel Management to be treated
for all purposes--
(1) in accordance with the provisions of this Act
(including the amendments made by this Act); or
(2) as if the provisions of this Act (including the
amendments made by this Act) had not been enacted, except that
the cost-of-living allowance rate paid to that employee shall
be the cost-of-living allowance rate in effect on December 31,
2008, for that employee without any adjustment after that date.
(c) Failure To File.--Failure to make a timely election under this
section shall be treated in the same manner as an election made under
subsection (b)(1) on the last day authorized under that subsection.
(d) Notice.--To the greatest extent practicable, the Office of
Personnel Management shall provide timely notice of the election which
may be filed under this section to employees described under subsection
(a).
SEC. 9. REGULATIONS.
(a) In General.--The Director of the Office of Personnel Management
shall prescribe regulations to carry out this Act, including--
(1) rules for special rate employees described under
section 3;
(2) rules for adjusting rates of basic pay for employees in
pay systems administered by the Office of Personnel Management
when such employees are not entitled to locality-based
comparability payments under section 5304 of title 5, United
States Code, without regard to otherwise applicable statutory
pay limitations during the transition period described in
section 4 ending on the first day of the first pay period
beginning on or after January 1, 2011; and
(3) rules governing establishment and adjustment of saved
or retained rates for any employee whose rate of pay exceeds
applicable pay limitations on the first day of the first pay
period beginning on or after January 1, 2011.
(b) Other Pay Systems.--With the concurrence of the Director of the
Office of Personnel Management, the administrator of a pay system not
administered by the Office of Personnel Management shall prescribe
regulations to carry out this Act with respect to employees in such pay
system, consistent with the regulations issued by the Office under
subsection (a).
SEC. 10. EFFECTIVE DATES.
(a) In General.--Except as provided by subsection (b), this Act
(including the amendments made by this Act) shall take effect on the
date of enactment of this Act.
(b) Locality Pay and Schedule.--The amendments made by section 2
and the provisions of section 4 shall take effect on the first day of
the first applicable pay period beginning on or after January 1, 2009. | Non-Foreign Area Retirement Equity Assurance Act of 2008 or the Non-Foreign AREA Act of 2008 - Revises federal employee locality-based comparability payments provisions to include U.S. territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands, within a pay locality. Revises the calculation of allowances based on living costs and conditions of environment for pay of employees stationed outside the continental United States or in Alaska to apply it only to areas designated as of December 31, 2008. Provides a formula for adjustment of such rate using a transition schedule for calendar years 2009-2011.
Requires adjustment of special rates of pay in such areas in accordance with regulations prescribed by the Director of the Office of Personnel Management (OPM) or by the Department of Veterans Affairs (VA) for VA personnel. Allows a temporarily raised limitation on the amount of special rates during the transition period.
Expresses the sense of Congress that application of this Act to an employee should not result in a decrease in take home pay.
Defines as covered employees for purposes of this Act those who are or will be eligible for a cost-of-living allowance (COLA).
Allows an employee subject to this Act's transition schedule and who retires from service during the period from January 1, 2009, through December 31, 2011, to elect to have the COLA paid during that period considered as basic pay for purposes of annuity computation.
Provides procedures for employees to make an irrevocable election to be covered by this Act. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Gunrunning Act of 2003''.
SEC. 2. PREVENTING GUN TRAFFICKING BY RESTRICTING HANDGUN TRANSFERS TO
ONE PER MONTH.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(z)(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns,
is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce;
``(D) the illegal movement of firearms, and handguns in
particular, across state lines is a widespread and pervasive
national problem;
``(E) handguns (even when lawfully purchased) are
unlawfully transported across state lines by gun traffickers
and are illegally sold to prohibited persons;
``(F) in fact, even before a firearm is illegally sold by a
trafficker, the gun, its component parts, ammunition, and the
raw materials from which it is made have moved in interstate
commerce;
``(G) law-abiding persons may fear to travel interstate or
to or through certain parts of the country due to concern about
violent crime and gun violence;
``(H) the illegal movement of handguns across state lines
substantially affects the national market for firearms, because
handguns sold in one State in which there are few restrictions
provide a convenient source for the acquisition of handguns by
gun traffickers who transport the handguns to jurisdictions
with stronger restrictions;
``(I) the unlawful sale of firearms by traffickers provides
a method by which firearms can be bought and sold anonymously,
without background checks and without record-keeping
requirements to enable gun tracing;
``(J) handguns sold by traffickers are often obtained by
criminals and other prohibited persons who frequently use guns
that cannot be traced to commit crimes;
``(K) handgun violence is a pervasive, national problem
that is exacerbated by the availability of handguns through gun
traffickers;
``(L) firearms from traffickers have been involved in
subsequent crimes including drug offenses, crimes of violence,
property crimes, and illegal possession by felons and other
prohibited persons;
``(M) because gun trafficking is often an interstate
activity, individual States and localities are often severely
hampered in combating illegal handgun purchases--even States
and localities that have made strong efforts to prevent,
detect, and punish gun-related crime and illegal trafficking of
firearms--as a result of the failure or inability of other
States or localities to take strong measures; and
``(N) the Congress has the power, under the interstate
commerce clause and other provisions of the Constitution, to
ensure, by enactment of this section, that criminals and other
prohibited persons do not obtain firearms through gun
traffickers.
``(2) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer--
``(A) during any 30-day period, to sell, deliver, or
transfer 2 or more handguns to any single person (other than a
licensed importer, licensed manufacturer, or licensed dealer),
or
``(B) to sell, deliver, or transfer a handgun to any single
person (other than a licensed importer, licensed manufacturer,
or licensed dealer), knowing or having reasonable cause to
believe that the transferee has already received 1 or more
handguns within the previous 30 days.
``(3)(A) It shall be unlawful for any person (other than a licensed
importer, licensed manufacturer, or licensed dealer) to receive more
than one handgun within any 30-day period.
``(B) Under such rules and regulations as the Attorney General
shall prescribe, subparagraph (A) shall not apply to the loan or rental
of a single handgun solely for purposes of target shooting, provided
that the recipient possesses no more than one such loaned or rented
handgun at any one time.
``(4) Under such rules and regulations as the Attorney General
shall prescribe, paragraphs (2) and (3) shall not apply to--
``(A) handguns transferred to or received by qualified
private security companies licensed to do business within the
State where the transfer occurs for use by the company in its
security operations, provided that any handgun transferred
under this subsection is transferred through a licensed dealer
located in the State where the security company is licensed to
do business;
``(B) the disposition made of a handgun delivered to a
person licensed under section 923 for the sole purpose of
repair or customizing when such handgun or a replacement
handgun of the same kind and type is returned to the person
from whom it was received;
``(C) the loan or rental of a single handgun from a person
licensed under section 923, provided that the recipient
possesses no more than one such loaned or rented handgun at any
one time;
``(D) the redemption of pawned handguns from a person
licensed under section 923 by the person from whom the handguns
were received;
``(E) the receipt of curio or relic handguns by a licensed
collector;
``(F) the receipt of a single handgun from a person
licensed under section 923 to replace a lost or stolen handgun
of the same kind or type, where the transferee has submitted to
the licensee a copy of an official police report establishing
the loss or theft of a handgun or handguns;
``(G) the transfer of handguns by bequest;
``(H) the transfer of handguns to the transferor's spouse,
child, parent, stepparent, grandparent, grandchild, brother, or
sister;
``(I) the transfer of all or part of a personal firearms
collection (as that term is defined in regulations to be
prescribed by the Attorney General) that includes handguns,
provided that the handguns in the collection are transferred
through a licensed importer, manufacturer, or dealer located in
the State where the transferee resides; or
``(J) the transfer or receipt of a handgun for the use of
the United States or any department or agency thereof or of any
State or any department, agency or political subdivision
thereof.''.
(b) Penalties.--Section 924(a)(2) of such title is amended by
striking ``or (o)'' and inserting ``(o), or (z)''.
(c) Increased Penalties for Licensees Who Knowingly Make False
Statements in Required Records.--
(1) Section 924(a)(3) of such title is amended--
(A) by striking ``(A)'';
(B) by striking ``or'' after ``chapter'';
(C) by striking subsection (B); and
(D) by striking ``one year'' and inserting ``5
years''.
(2) Section 924(a) of such title is amended by adding at
the end the following:
``(7) Any licensed dealer, licensed importer, licensed
manufacturer, or licensed collector who knowingly violates section
922(m) shall be fined under this title, imprisoned not more than 1
year, or both.''.
(d) Conforming Changes to the Brady Law.--Section 922(t) of such
title is amended--
(1) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (z)'';
(2) in paragraph (2), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (z)'';
(3) in paragraph (3), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively;
(4) in paragraph (4), by striking ``(g) or (n)'' and
inserting ``(g), (n), or (z)''; and
(5) by adding at the end the following:
``(10) A licensee must, within three days of receiving a request
from the prospective transferee, notify the national instant criminal
background check system of any background check conducted pursuant to
this section within the previous 30 days that did not result in the
transfer of a handgun.
``(11) Information that is retained pursuant to Public Law 103-159
may be used to effectuate section 922(z) of this title.''.
(e) Effective Date.--The Attorney General shall determine, and
publish in the Federal Register, the date on which this section shall
become effective. | Anti-Gunrunning Act of 2003 - Amends the Brady Handgun Violence Prevention Act to prohibit any licensed firearms importer, manufacturer, or dealer from selling, delivering, or transferring: (1) two or more handguns to any single person (other than a licensed importer, manufacturer, or dealer) during any 30-day period; or (2) a handgun knowing or having reasonable cause to believe that the transferee has already received one or more handguns within the previous 30 days. Prohibits an unlicensed individual from receiving more than one handgun within any 30-day period. Specifies exceptions.Provides for imprisonment for up to five years (currently, one year) of a licensed dealer, importer, manufacturer, or collector knowingly making any false statement in connection with required firearms records.Requires a licensee, within three days of receiving a request from a prospective transferee, to notify the national instant criminal background check system of any check conducted within the previous 30 days that did not result in the transfer of a handgun. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Affordability Act''.
SEC. 2. SEWER OVERFLOW CONTROL GRANTS.
(a) Sewer Overflow Control Grants.--Section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) is amended by striking
subsections (a) through (g) and inserting the following:
``(a) Grants.--The Administrator may--
``(1) make grants to States for the purpose of providing
grants to a municipality or municipal entity for use in
planning, designing, and constructing treatment works to
intercept, transport, control, or treat municipal combined
sewer overflows and sanitary sewer overflows; and
``(2) make a grant directly to a municipality or municipal
entity for the purposes described in paragraph (1).
``(b) Prioritization.--In selecting from among municipalities
applying for grants under this section, a State or the Administrator
shall give priority to an applicant that is a financially distressed
community, as determined by the applicable State under subsection (c).
``(c) Determination.--In determining whether a community is a
distressed community for the purposes of subsection (b), a State shall
consider, among other factors, the criteria described in section
3(b)(2) of the Clean Water Affordability Act.
``(d) Cost-Sharing.--
``(1) Federal share.--The Federal share of the cost of any
project or activity carried out using funds from a grant made
under subsection (a) shall be not less than 75 percent.
``(2) Non-federal share.--The non-Federal share of the cost
of any project or activity carried out using funds from a grant
made under subsection (a) may include--
``(A) in any amount, public and private funds and
in-kind services; and
``(B) notwithstanding section 603, financial
assistance, including loans, from a State water
pollution control revolving fund.
``(e) Administrative Requirements.--
``(1) In general.--Subject to paragraph (2), a project that
receives grant assistance under subsection (a) shall be carried
out subject to the same requirements as a project that receives
assistance from a State water pollution control revolving fund
established pursuant to title VI.
``(2) Determination of governor.--The requirement described
in paragraph (1) shall not apply to a project that receives
grant assistance under subsection (a) to the extent that the
Governor of the State in which the project is located
determines that a requirement described in title VI is
inconsistent with the purposes of this section.
``(f) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section--
``(A) $250,000,000 for fiscal year 2009;
``(B) $300,000,000 for fiscal year 2010;
``(C) $350,000,000 for fiscal year 2011;
``(D) $400,000,000 for fiscal year 2012; and
``(E) $500,000,000 for fiscal year 2013.
``(2) Availability of amounts.--Amounts authorized to be
appropriated to carry out this section under paragraph (1)
shall remain available until expended.
``(g) Allocation of Funds.--
``(1) Fiscal year 2009.--For fiscal year 2009, subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section under subsection (f)(1)
to provide grants to municipalities and municipal entities
under subsection (a)(2) in accordance with the priority
criteria described in subsection (b).
``(2) Fiscal year 2010 and thereafter.--For fiscal year
2010 and each fiscal year thereafter, subject to subsection
(h), the Administrator shall use the amounts appropriated to
carry out this section under subsection (f)(1) to provide
grants to States under subsection (a)(1) in accordance with a
formula that--
``(A) shall be established by the Administrator,
after providing notice and an opportunity for public
comment; and
``(B) allocates to each State a proportional share
of the amounts based on the total needs of the State
for municipal combined sewer overflow controls and
sanitary sewer overflow controls, as identified in the
most recent survey--
``(i) conducted under section 210; and
``(ii) included in a report required under
section 516(a).''.
(b) Reports.--Section 221(i) of the Federal Water Pollution Control
Act (33 U.S.C. 1301(i)) is amended in the first sentence by striking
``2003'' and inserting ``2010''.
SEC. 3. UPDATING OF GUIDANCE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affordability.--The term ``affordability'' means, with
respect to payment of a utility bill, a measure of whether an
individual customer or household can pay the bill without undue
hardship or unreasonable sacrifice in the essential lifestyle
or spending patterns of the individual or household, as
determined by the Administrator.
(3) Financial capability.--The term ``financial
capability'' means the financial capability of a community to
make investments necessary to make water quality-related
improvements, taking into consideration the criteria described
in subsection (b)(2)(A).
(4) Guidance.--The term ``guidance'' means the guidance
published by the Administrator entitled ``Combined Sewer
Overflows--Guidance for Financial Capability Assessment and
Schedule Development'' and dated February 1997, as applicable
to combined sewer overflows and sanitary sewer overflows.
(b) Updating.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall update the
guidance to ensure that the evaluations by the Administrator of
financial capability assessment and schedule development meet
the criteria described in paragraph (2).
(2) Criteria.--The criteria described in this paragraph are
that, under the updated guidance--
(A) in assessing financial capability of a
community--
(i) greater emphasis should be placed on
local economic conditions;
(ii) for regional systems, consideration
should be given to the economic conditions of
political jurisdictions and significant
demographic groups within each region;
(iii) prescriptive formulas for use in
calculating financial capability and thresholds
for expenditure should not be considered to be
the only indicator of the financial capability
of a community;
(iv) site-specific local conditions should
be taken into consideration in analyzing
financial capability;
(v) a single measure of financial
capability or affordability (such as median
household income) should be viewed in the
context of other economic measures, rather than
as a threshold to be achieved; and
(vi)(I) consideration should be given to
the economic outlook of a community, including
the potential impact of program requirements
over time, in the development of implementation
schedules; and
(II) the assessment should take into
consideration other essential community
investments relating to water quality
improvements;
(B) with respect to the timing of implementation of
water quality-related improvements--
(i) environmental improvement
implementation schedules should be structured
to mitigate the potential adverse impact on
distressed populations resulting from the costs
of the improvements; and
(ii) implementation schedules should
reflect local community financial conditions
and economic impacts;
(C) with respect to implementation of
methodologies--
(i) a determination of local financial
capability may be achieved through an
evaluation of an array of factors the relative
importance of which may vary across regions and
localities; and
(ii) an appropriate methodology should give
consideration to such various factors as are
appropriate to recognize the prevailing and
projected economic concerns in a community; and
(D) the residential indicator should be revised to
include--
(i) a consideration of costs imposed upon
ratepayers for essential utilities;
(ii) increased consideration and
quantification of local community-imposed costs
in regional systems;
(iii) a mechanism to assess impacts on
communities with disparate economic conditions
throughout the entire service area of a
utility;
(iv) a consideration of the industrial and
population trends of a community;
(v) recognition that--
(I) the median household income of
a service area reflects a numerical
median rather than the distribution of
incomes within the service area; and
(II) more representative methods of
determining affordability, such as
shelter costs, essential utility
payments, and State and local tax
efforts, should be considered;
(vi) a consideration of low-income
ratepayer percentages; and
(vii) impacts relating to program delivery,
such as water quality infrastructure market
saturation and program management.
(3) Implementation.--The updated guidance should indicate
that, in a case in which a previously-approved long-term
control plan or associated enforceable agreement allows for
modification of the plan or terms of the agreement (including
financial capability considerations), and all parties are in
agreement that a change is needed or that the plan or agreement
contains a reopener provision to address changes in the
economic or financial status of the community since the
effective date of the plan or agreement, reconsideration and
modification of financial capability determinations and
implementation schedules based on the criteria described in
paragraph (2) is appropriate.
(c) Publication and Submission.--Upon completion of the updating of
guidance under subsection (b), the Administrator shall publish in the
Federal Register and submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the updated guidance.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Clean Water Affordability Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to states for the purpose of providing grants to municipalities for use in planning, designing, and constructing treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows and municipalities for such purposes. Requires states or the Administrator to give priority to financially distressed communities.
Requires the Administrator, no later than December 31, 2010, (currently, 2003) and periodically thereafter, to report to Congress on recommended funding levels for sewer overflow control grants.
Requires the Administrator to update the guidance entitled "Combined Sewer Overflows -- Guidance for Financial Capability Assessment and Schedule Development" dated February 1997, to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet specified criteria, including criteria used in assessing financial capability of a community to make investments necessary to make water quality-related improvements and in implementing water quality-related improvements.
Requires such updated guidance to indicate that it is appropriate for the reconsideration and modification of financial capability determinations and implementation schedules to be based on such criteria. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as ``Department of Energy Advanced Scientific
Computing Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Department of Energy and its Office of Science
research programs has played an important role in the
development of high performance computing, networking, and
information technology. These capabilities have been readily
accessible to the U.S. scientific community for a diverse set
of grand challenge scientific computational problems.
Contributions by the Department include pioneering the concept
of remote, interactive access to supercomputers (developing the
first interactive operating system for supercomputers,
establishing the first national supercomputer center);
developing the mathematical foundations for high performance
computing with numerical linear algebra libraries used
worldwide; leading the transition to massively parallel
supercomputing by developing software to allow processors to
communicate with each other; and contributing to the
development of the Internet with software that dramatically
speeds up the transmission of messages.
(2) The Department of Energy's Office of Science's
contributions to networking and information technology have
played a key role in its ability to accomplish its statutory
mission to promote the basic sciences critical to the Nation's
energy future through the development of remote access to its
shared computing and experimental facilities. Particular users
of the computing facilities have been high energy physicists
who model electromagnetic fields and beam dynamics in
accelerators, materials scientists who model and design
materials using computational techniques, chemists who model
the chemical processes involved in combustion, atmospheric
scientists who model global climate patterns, geologists who
model ground transport of fluids and waste, and biologists who
want to predict protein structures. Continued accomplishments
in these areas will be needed to continue to carry out future
DOE missions.
(3) The Department of Energy has unique multi-disciplinary
facilities for advancing basic and applied science which
include the high energy and nuclear laboratories, neutron
sources and synchrotron facilities, and advanced computing and
communications facilities such as the National Energy Research
Scientific Computing Center, the Advanced Computing Research
Facilities, and the Energy Sciences Network. Each facility when
networked to share large amounts of scientific data will better
be able to advance the fundamental understanding in their
respective areas as well as the overall networking and
information technology infrastructure for the Nation.
(4) Many challenges are associated with modeling complex
physical, chemical, and biological phenomena, especially on
massively parallel computers with peak speeds in hundreds of
teraflops (100 trillion arithmetic operations per second).
These challenges include the management and analysis of
petabyte-scale data sets. A program to address these challenges
will require multi-disciplinary collaborations between
theoretical and computational scientists, computer scientists,
and applied mathematicians at universities, national
laboratories, and industry. Such a program will enhance the
ability of DOE to meet its mission goals and advance the state
of the art for the U.S. economic and industrial base in the
fields of energy, geology, genetics, chemical processing,
electronics and transportation.
(5) Solving the challenges facing the Department of Energy
in developing and using high-performance computing, networking,
and information technologies will be of immense value to the
Nation. Potential benefits include: reliable prediction of the
Earth's climate as well as the performance of energy systems;
understanding aging and fatigue effects in materials crucial to
energy and transportation systems; promoting energy-efficient
chemical production through improved chemical processes,
including rational catalyst design; predicting the structure
and functions of the proteins coded by DNA and their response
to chemical and radiation damage; designing more efficient
combustion systems; and understanding turbulent flow in plasmas
in energy and advanced materials applications.
SEC. 3. DEPARTMENT OF ENERGY PROGRAM.
(a) Establishment.--The Secretary of Energy, through the Office of
Science, shall support a program to advance the Nation's computing
capability across a diverse set of grand challenge computationally
based science problems.
(b) Duties of the Office of Science.--In carrying out the program
under this Act, the Director of the Office shall--
(1) advance basic science through computation by developing
software to solve grand challenge science problems on new
generations of computing platforms,
(2) enhance the foundations for scientific computing by
developing the basic mathematical and computing systems
software needed to take full advantage of the computing
capabilities of computers with peak speeds of 100 teraflops or
more, some of which may be unique to the scientific problem of
interest,
(3) enhance national collaboratory and networking
capabilities by developing software to integrate geographically
separated researchers into effective research teams and to
facilitate access to and movement and analysis of large (petabyte) data
sets, and
(4) maintain a robust scientific computing hardware
infrastructure to ensure that the computing resources needed to
address DOE missions are available; explore new computing
approaches and technologies that promise to advance scientific
computing.
Within the funds authorized to be appropriated pursuant to this Act,
the amounts specified under this section shall, subject to
appropriations, be available for the above research activities.
(c) High-Performance Computing Act Program.--Section 203(a) of the
High-Performance Computing Act of 1991 (15 U.S.C. 5523(a)) is amended--
(1) in paragraph (3), by striking ``and'';
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding after paragraph (4) the following: ``(5)
conduct an integrated program of research, development, and
provision of facilities to develop and deploy to scientific and
technical users the high-performance computing and
collaboration tools needed to fulfill the statutory missions of
the Department of Energy in conducting basic and applied energy
research.''.
(d) Coordination With the DOE National Nuclear Security Agency
Accelerated Strategic Computing Initiative and Other National Computing
Programs.--The Secretary shall ensure through the Director of the
Office of Science, that this program, to the extent feasible, is
integrated and consistent with the National Nuclear Security Agency's
Accelerated Strategic Computing Initiative. The Secretary through the
Director of the Office of Science shall ensure that this program is
integrated and consistent with other national efforts related to
advanced scientific computing for science and engineering.
(e) Merit Review Required.--All grants, contracts, cooperative
agreements, or other financial assistance awards under this Act shall
be made only after independent merit and peer review.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Total Authorization.--The following sums are authorized to be
appropriated to the Secretary of Energy, to remain available until
expended, for the purposes of carrying out this Act:
(1) $250,000,000 for fiscal year 2002.
(2) $285,000,000 for fiscal year 2003.
(3) $300,000,000 for fiscal year 2004.
(4) $310,000,000 for fiscal year 2005.
(b) High-End Computing R&D.--Of the funds under subsection (a), the
following sums are authorized to be appropriated to carry out high-end
computing R&D in section 3(b) (1) and (2):
(1) $39,500,000 for fiscal year 2002.
(2) $45,000,000 for fiscal year 2003.
(3) $45,000,000 for fiscal year 2004.
(4) $50,000,000 for fiscal year 2005.
(5) $50,000,000 for fiscal year 2006.
(c) Large-Scale Computing and Collaboratory Research.--Of the funds
under subsection (a), the following sums are authorized to be
appropriated to carry out large-scale computing and collaboratory
research in section 3(b)(3):
(1) $54,500,000 for fiscal year 2002.
(2) $57,000,000 for fiscal year 2003.
(3) $58,000,000 for fiscal year 2004.
(4) $60,000,000 for fiscal year 2005.
(5) $60,000,000 for fiscal year 2006.
(d) High-End Computing Infrastructure and Applications.--Of the
funds under subsection (a), the following sums are authorized to be
appropriated to carry out high end computing infrastructure and
associated applications in section 3(b)(4):
(1) $156,000,000 for fiscal year 2002.
(2) $183,000,000 for fiscal year 2003.
(3) $197,000,000 for fiscal year 2004.
(4) $200,000,000 for fiscal year 2005.
(5) $200,000,000 for fiscal year 2006. | Department of Energy Advanced Scientific Computing Act - Directs the Secretary of Energy to support a program to advance the Nation's computing capability across a diverse set of grand challenge computationally based science problems.Amends the High-Performance Computing Act of 1991 to instruct the Secretary to include as part of the National High-Performance Computing Program an integrated program of research, development, and provision of facilities to develop and deploy to scientific and technical users the high-performance computing and collaboration tools needed to fulfill the statutory missions of the Department of Energy in conducting basic and applied energy research.Directs the Secretary to ensure that such program is integrated and consistent with the National Nuclear Security Agency's Accelerated Strategic Computing Initiative and with other national efforts related to advanced scientific computing for science and engineering. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Protection Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Haiti remains severely devastated by the combined
effects of ongoing political turmoil and the aftermath of the
natural disasters of 2004, such as Tropical Storm Jeanne and
Hurricane Ivan.
(2) In Haiti, more than 2,500 people died as a result of
Tropical Storm Jeanne in 2004.
(3) The civil protection agency of Haiti stated that
250,000 people were homeless across the country and at least
4,000 homes were destroyed, with thousands more damaged, as a
result of the storm.
(4) When Tropical Storm Jeanne hit, Haiti was already
struggling to deal with political instability and the aftermath
of serious floods from a heavy rain on May 26, 2004, which
killed over 3,000 people.
(5) Despite President Preval's popular internal and
international support, his nascent democratic government still
faces immense political and institutional challenges, including
a sharp increase in common crime, especially kidnappings which
continue to plague the capital and other cities and regions,
and the rebuilding of Haiti's police and judicial institutions
to achieve the fair and prompt tackling of this ongoing
political and criminal violence.
(6) On Thursday, December 21, 2006, UNICEF issued a
statement condemning the increased kidnappings of children in
Haiti.
(7) As of January 2007, the Department of State maintains a
travel warning to United States citizens warning them of the
absence of an effective police force in much of Haiti; the
potential for looting; the presence of intermittent roadblocks
set by armed gangs or by the police; and the possibility of
random violent crime, including carjacking and assault. The
warning states that kidnapping for ransom remains a serious
threat, with more than 50 American citizens, including
children, kidnapped over the past year.
(8) As of January 2007, the Department of State's Consular
Information Sheet states that ``United States Embassy personnel
are under an embassy-imposed curfew and must remain in their
homes or in United States government facilities during the
curfew. The embassy has limited travel by its staff outside of
Port-au-Prince and therefore its ability to provide emergency
services to United States citizens outside of Port-au-Prince is
constrained''.
(9) While United States policy advises Americans that
current conditions make it unsafe to travel to Haiti, the same
conditions make it dangerous and inappropriate to forcibly
repatriate Haitians at this time.
(10) Recent devastating environmental disasters from which
Haiti has not recovered, continuing violence, and unstable
political conditions pose a serious threat at this time to the
personal safety of anyone forcibly repatriated to Haiti.
(11) The Haitian government's ability to provide basic
governmental services--clean water, education, passable road
and basic healthcare--has been severely compromised by the
natural disasters and disrupted by the violent overthrow of the
constitutional government in 2004. Repatriating Haitians
exposes them to these dangerous conditions, while imposing an
additional burden on government resources that are already
stretched too thin.
(12) Haiti's recent political, civil, and governmental
crises; and the extraordinary and temporary conditions caused
by nature, including floods, epidemics, homelessness, death and
the burying of Haiti's fourth largest city, Gonaives, easily
make Haitian nationals currently in the United States eligible
for temporary protected status under subparagraphs (B) and (C)
of sections 244(b)(1) of the Immigration and Nationality Act
(``TPS'') .
(13) Moreover, there is a well-documented history of
discrimination against Haitian nationals in the United States
immigration process.
(14) Temporary protected status grants temporary protection
from deportation to nationals of a country in which
environmental or political events have occurred which make it
temporarily unsafe to deport them. TPS has been granted to
nationals of many countries including those of Nicaragua and
Honduras in 1999 following Hurricane Mitch, and of El Salvador
in 2001 following severe earthquakes.
(15) TPS would help protect United States borders by
preserving remittances sent by potential deportees. Haitian
immigrants in the United States remit about $1 billion annually
to Haiti. These remittances vastly outweigh, in dollar value,
United States foreign aid to Haiti, and are crucial to Haiti's
recovery from the separate and combined effects of years of
severe environmental disasters, paralyzing political turmoil,
violence, and institutional failure
(16) Granting Haitians TPS would also directly assist
Haiti's nascent democracy in its efforts to recover from these
conditions, stabilize the country's economy, rebuild its
political and economic institutions, and provide a future of
hope for Haiti's people.
SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS
TO HAITIANS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Haiti shall
be treated as if such country had been designated under
subsection (b) of that section, subject to the provisions of
this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of enactment of this Act
and shall remain in effect for 18 months.
(b) Aliens Eligible.--In applying section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made
under this section, and subject to subsection (c)(3) of such section,
an alien who is a national of Haiti is deemed to meet the requirements
of subsection (c)(1) of such section only if the alien--
(1) is admissible as an immigrant, except as otherwise
provided under subsection (c)(2)(A) of such section, and is not
ineligible for temporary protected status under subsection
(c)(2)(B) of such section; and
(2) registers for temporary protected status in a manner
that the Secretary of Homeland Security shall establish.
(c) Consent to Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3))
to an alien who is granted temporary protected status pursuant to the
designation made under this section, if the alien establishes to the
satisfaction of the Secretary of Homeland Security that emergency and
extenuating circumstances beyond the control of the alien require the
alien to depart for a brief, temporary trip abroad. An alien returning
to the United States in accordance with such an authorization shall be
treated the same as any other returning alien provided temporary
protected status under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a). | Haitian Protection Act of 2007 - Requires the Secretary of Homeland Security to designate Haiti as a country whose qualifying nationals may be eligible for temporary protected status.
Provides for: (1) an initial 18-month designation period; and (2) authorization for temporary travel abroad. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nepal Trade Preferences Act''.
SEC. 2. ELIGIBILITY REQUIREMENTS.
(a) In General.--The President may authorize the provision of
preferential treatment under this Act to articles that are imported
directly from Nepal into the customs territory of the United States
pursuant to section 3 if the President determines--
(1) that Nepal meets the requirements set forth in
paragraphs (1), (2), and (3) of section 104(a) of the African
Growth and Opportunity Act (19 U.S.C. 3703(a)); and
(2) after taking into account the factors set forth in
paragraphs (1) through (7) of subsection (c) of section 502 of
the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets the
eligibility requirements of such section 502.
(b) Withdrawal, Suspension, or Limitation of Preferential
Treatment; Mandatory Graduation.--The provisions of subsections (d) and
(e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) shall
apply with respect to Nepal to the same extent and in the same manner
as such provisions apply with respect to beneficiary developing
countries under title V of that Act (19 U.S.C. 2461 et seq.).
SEC. 3. ELIGIBLE ARTICLES.
(a) Certain Manufactured and Other Articles.--
(1) In general.--An article described in paragraph (2) may
enter the customs territory of the United States free of duty.
(2) Articles described.--
(A) In general.--An article is described in this
paragraph if--
(i) the article is the growth, product, or
manufacture of Nepal;
(ii) the article is imported directly from
Nepal into the customs territory of the United
States;
(iii) the article is described in
subparagraphs (B) through (G) of subsection
(b)(1) of section 503 of the Trade Act of 1974
(19 U.S.C. 2463);
(iv) the President determines, after
receiving the advice of the United States
International Trade Commission in accordance
with subsection (e) of that section, that the
article is not import-sensitive in the context
of imports from Nepal; and
(v) subject to subparagraph (C), the sum of
the cost or value of the materials produced in,
and the direct costs of processing operations
performed in, Nepal or the customs territory of
the United States is not less than 35 percent
of the appraised value of the article at the
time it is entered.
(B) Exclusions.--An article shall not be treated as
the growth, product, or manufacture of Nepal for
purposes of subparagraph (A)(i) by virtue of having
merely undergone--
(i) simple combining or packaging
operations; or
(ii) mere dilution with water or mere
dilution with another substance that does not
materially alter the characteristics of the
article.
(C) Limitation on united states cost.--For purposes
of subparagraph (A)(v), the cost or value of materials
produced in, and the direct costs of processing
operations performed in, the customs territory of the
United States and attributed to the 35-percent
requirement under that subparagraph may not exceed 15
percent of the appraised value of the article at the
time it is entered.
(b) Textile and Apparel Articles.--
(1) In general.--A textile or apparel article described in
paragraph (2) or (3) may enter the customs territory of the
United States free of duty.
(2) Textile and apparel articles wholly assembled in
nepal.--
(A) In general.--A textile or apparel article is
described in this paragraph if the textile or apparel
article is--
(i) wholly assembled in Nepal, without
regard to the country of origin of the yarn or
fabric used to make the articles; and
(ii) imported directly from Nepal into the
customs territory of the United States.
(B) Limitations.--
(i) Low volume of imports.--If, during a
calendar year, imports of textile and apparel
articles described in subparagraph (A) from
Nepal are less than 1 percent of the aggregate
square meter equivalents of all textile and
apparel articles imported into the customs
territory of the United States during that
calendar year, such imports from Nepal may be
increased to an amount that is equal to not
more than 1.5 percent of the aggregate square
meter equivalents of all textile and apparel
articles imported into the customs territory of
the United States during that calendar year for
the succeeding calendar year.
(ii) Higher volume of imports.--If, during
a calendar year, imports of textile and apparel
articles described in subparagraph (A) from
Nepal are at least 1 percent of the aggregate
square meter equivalents of all textile and
apparel articles imported into the customs
territory of the United States during that
calendar year, such imports from Nepal may be
increased by an amount that is equal to not
more than \1/3\ of 1 percent of the aggregate
square meter equivalents of all textile and
apparel articles imported into the customs
territory of the United States during that
calendar year for the succeeding calendar year.
(iii) Aggregate country limit.--In no case
may the aggregate quantity of textile and
apparel articles described in subparagraph (A)
imported into the customs territory of the
United States from Nepal during a calendar year
under this subsection exceed the applicable
percentage set forth in paragraph (4)(B) for
that calendar year.
(3) Handloomed, handmade, folklore articles and ethnic
printed fabrics.--
(A) In general.--A textile or apparel article is
described in this paragraph if the textile or apparel
article is--
(i) imported directly from Nepal into the
customs territory of the United States;
(ii) on a list of textile and apparel
articles determined by the President, after
consultation with the Government of Nepal, to
be handloomed, handmade, folklore articles or
ethnic printed fabrics of Nepal; and
(iii) certified as a handloomed, handmade,
folklore article or an ethnic printed fabric of
Nepal by the competent authority of Nepal.
(B) Ethnic printed fabric.--For purposes of
subparagraph (A), an ethnic printed fabric of Nepal
is--
(i) fabric containing a selvedge on both
edges, having a width of less than 50 inches,
and classifiable under subheading 5208.52.30 or
5208.52.40 of the Harmonized Tariff Schedule of
the United States;
(ii) fabric of a type that contains
designs, symbols, and other characteristics of
Nepal--
(I) normally produced for and sold
in indigenous markets in Nepal; and
(II) normally sold in Nepal by the
piece as opposed to being tailored into
garments before being sold in
indigenous markets in Nepal;
(iii) printed, including waxed, in Nepal;
and
(iv) fabric formed in the United States
from yarns formed in the United States or from
fabric formed in Nepal from yarns originating
in either the United States or Nepal.
(4) Limitations on benefits.--
(A) In general.--Preferential treatment under this
subsection shall be extended in the 1-year period
beginning January 1, 2014, and in each of the
succeeding 10 1-year periods, to imports of textile and
apparel articles from Nepal under this subsection in an
amount not to exceed the applicable percentage of the
aggregate square meter equivalents of all textile and
apparel articles imported into the customs territory of
the United States in the most recent 12-month period
for which data are available.
(B) Applicable percentage.--For purposes of this
paragraph, the term ``applicable percentage'' means 1.5
percent for the 1-year period beginning January 1,
2014, increased in each of the 10 succeeding 1-year
periods by equal increments, so that for the period
beginning January 1, 2023, the applicable percentage
does not exceed 3.5 percent.
(5) Surge mechanism.--The provisions of subparagraph (B) of
section 112(b)(3) of the African Growth and Opportunity Act (19
U.S.C. 3721(b)(3)) shall apply to textile and apparel articles
imported from Nepal to which preferential treatment is extended
under this subsection to the same extent and in the same manner
that such provisions apply to textile and apparel articles
described in such section 112(b)(3) imported from a beneficiary
sub-Saharan African country.
(6) Special eligibility rules; protections against
transshipment.--The provisions of subsection (e) of section 112
and section 113 of the African Growth and Opportunity Act (19
U.S.C. 3721 and 3722) shall apply to textile and apparel
articles imported from Nepal to which preferential treatment is
extended under this subsection to the same extent and in the
same manner that such provisions apply to textile and apparel
articles imported from beneficiary sub-Saharan countries to
which preferential treatment is extended under such section
112.
SEC. 4. REPORTING REQUIREMENT.
The President shall monitor, review, and report to Congress, not
later than one year after the date of the enactment of this Act, and
annually thereafter, on the implementation of this Act and on the trade
and investment policy of the United States with respect to Nepal.
SEC. 5. TERMINATION OF PREFERENTIAL TREATMENT.
No preferential treatment extended under this Act shall remain in
effect after December 31, 2023.
SEC. 6. EFFECTIVE DATE.
The provisions of this Act shall take effect on January 1, 2014. | Nepal Trade Preferences Act - Authorizes the President to give preferential treatment to certain articles imported directly from Nepal into the U.S. customs territory if that country meets certain requirements under the African Growth and Opportunity Act, including a market-based economy and the rule of law, the protection of human rights and internationally-recognized worker rights, elimination of trade barriers to the United States, and non-engagement in activities that undermine U.S. national security or foreign policy interests or support acts of international terrorism. Requires Nepal also to meet certain eligibility criteria for designation as a beneficiary developing country under the Trade Act of 1974. Authorizes certain import-sensitive articles (watches, electronic articles, steel articles, footwear and certain other apparel, and glass products) imported directly from Nepal to enter the U.S. customs territory duty-free if: (1) the article is the growth, product, or manufacture of Nepal; (2) the President determines, after receiving advice from the U.S. International Trade Commission (USITC), that the article is not import-sensitive; and (3) the sum of the cost or value of the materials produced in, and the manufacturing costs performed in, Nepal or the U.S. customs territory is at least 35% of the appraised value of the article at the time it is entered. Limits to 15% of the appraised value of the article at the time it is entered the cost or value of the materials produced in, and the manufacturing costs performed in, the U.S. customs territory, and attributed to the 35% requirement. Grants duty-free treatment to certain textile or apparel articles: (1) wholly assembled in Nepal, without regard to the country of origin of the yarn or fabric used to make them; and (2) imported directly from Nepal into the U.S. customs territory. Prescribes requirements for handloomed, handmade, folklore articles or ethnic printed fabrics. Terminates the extension of preferential treatment to Nepal after December 31, 2023. | billsum_train |
Change the following text into a summary: SECTION 1. REMEDIATION WASTE MANAGEMENT IMPROVEMENT.
(a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903) is amended by adding at the end the following:
``(42) Compliance authority.--The term `compliance
authority' means the authority to issue, enter into, approve,
enforce, and ensure compliance with a remedial action plan.
``(43) Nonprogram state.--The term `nonprogram State' means
a State other than a program State.
``(44) Originating state.--The term `originating State'
means a State in which remediation waste is generated under a
remedial action plan.
``(45) Program state.--The term `program State' means a
State that has a State remediation waste management program
authorized under section 3006(i).
``(46) Remedial action plan.--The term `remedial action
plan' means a document or portion of a document (including, but
not limited to, an order, permit, or agreement) that--
``(A) is issued, entered into, or approved by the
Administrator or a program State;
``(B) ensures that the management of the
remediation waste is performed in a manner that is
protective of human health and the environment by
specifying--
``(i) the remediation waste that is the
subject of the document;
``(ii) the manner in which the remediation
waste will be managed;
``(iii) the methods of remediation; and
``(iv) the schedule for implementation; and
``(C) has been the subject of appropriate public
notice and comment; and
``(D) provides for the exercise of compliance
authority in accordance with section 3001(j)(1) and, in
the case of a plan over any portion of which any other
entity (a State or the Administrator) other than the
entity that issued or entered into the plan is to
exercise compliance authority, has the concurrence of
the other entity for the portion of the plan for which
the other entity has compliance authority, except that
nothing in this subparagraph applies to remediation
waste that is managed in accordance with subtitle C.
``(47) Remediation waste.--The term `remediation waste'
means a solid waste or any medium (including ground water,
surface water, soil, and sediment) generated during
implementation of a remedial action plan that--
``(A) is, or is derived from, a listed hazardous
waste;
``(B) contains or is mixed with a listed hazardous
waste; or
``(C) exhibits a characteristic of a hazardous
waste.''.
(b) Identification and Listing.--Section 3001 of the Solid Waste
Disposal Act (42 U.S.C. 6921) is amended by adding at the end the
following:
``(j) Remediation Waste.--
``(1) Compliance authority.--
``(A) Program states.--Except as provided in
section 3008, a program State shall exercise compliance
authority with respect to a remedial action plan
insofar as the remedial action plan describes the
management of remediation waste in the program State.
``(B) Nonprogram states.--The Administrator shall
exercise compliance authority with respect to a
remedial action plan insofar as the remedial action
plan describes the management of remediation waste in a
nonprogram State.
``(C) Remediation waste managed interstate.--With
respect to the management of remediation waste under a
remedial action plan that provides that part of the
management will be performed in another State other
than the originating State--
``(i) if the other State is a program
State, the program State shall exercise
compliance authority with respect to the
portions of the remedial action plan describing
the management of remediation waste in the
other State; or
``(ii) if the other State is a nonprogram
State, the Administrator shall exercise
compliance authority with respect to the
portions of the remedial action plan describing
the management of remediation waste in the
other State.
``(2) Conditional exclusion.--Notwithstanding any other
provision of this subtitle, remediation waste that is managed
under a remedial action plan shall not to be a hazardous waste
for purposes of this subtitle.''.
(c) Authorized State Hazardous Waste Remediation Programs.--Section
3006 of the Solid Waste Disposal Act (42 U.S.C. 6926) is amended by
adding at the end the following:
``(i) Authorized State Remediation Waste Management Programs.--
``(1) States with authorized hazardous waste programs.--
``(A) Certification.--A State that has a hazardous
waste program authorized under subsection (b) may
submit to the Administrator a certification, supported
by such documentation as the State considers to be
appropriate, demonstrating that the State has--
``(i) statutory and regulatory authority
(including appropriate enforcement authority)
to control the management of remediation waste
from generation to final disposal in a manner
that is protective of human health and the
environment;
``(ii) resources in place to administer and
enforce the authorities; and
``(iii) procedures to ensure public notice
and opportunity for comment on remedial action
plans submitted to the State.
``(B) Interim authorization.--Subject to
subparagraph (C)(iii), beginning 60 days after
submission of a certification under subparagraph (A),
the State may proceed to carry out the remediation
waste management program of the State until the
Administrator issues a final determination under
subparagraph (C).
``(C) Determination.--
``(i) In general.--Not later than 18 months
after the date on which a State submits to the
Administrator a certification under
subparagraph (A), after public notice and
opportunity for comment, the Administrator
shall issue to the State and publish in the
Federal Register a determination that--
``(I) the certification meets all
of the criteria stated in subparagraph
(A), and the State has final
authorization to carry out the
remediation waste management program of
the State; or
``(II) the certification fails to
meet 1 or more of the criteria stated
in subparagraph (A), stating with
particularity the elements of the State
program that are considered to be
deficient, and that the deficiency
would be likely to result in a State
remediation waste management program
that is not protective of human health
and the environment.
``(ii) Default.--
``(I) In general.--Except as
provided in subclause (II), if the
Administrator does not issue a
determination under clause (i) within
18 months after the date on which a
State submits to the Administrator a
certification under subparagraph (A),
the certification shall be considered
to meet all of the criteria stated in
subparagraph (A), and the State shall
have final authorization to carry out
the remediation waste management
program of the State.
``(II) Withdrawal of
authorization.--If the Administrator
subsequently withdraws authorization
for a State remediation waste program
in accordance with subsection (e), the
Administrator shall ensure completion
of any ongoing remedial action plan.
``(iii) Preliminary determination.--If the
Administrator determines that--
``(I) on preliminary review, it
appears that it will likely be
determined after notice and comment
that a certification fails to meet 1 or
more of the criteria stated in
subparagraph (A); and
``(II) injury to human health or
the environment would likely result
from interim implementation of the
State remediation waste management
program under subparagraph (B),
the Administrator may issue a preliminary
determination to the State, and the State shall
not have interim authorization under
subparagraph (B).
``(2) States without authorized hazardous waste programs.--
``(A) Certification.--A State that does not have a
hazardous waste program authorized under subsection (b)
may submit to the Administrator a certification,
supported by such documentation as the State considers
to be appropriate, demonstrating that the State has--
``(i) statutory and regulatory authority
(including appropriate enforcement authority)
to control the management of remediation waste
from generation to final disposal in a manner
that is protective of human health and the
environment;
``(ii) resources in place to administer and
enforce the authorities; and
``(iii) procedures to ensure public notice
and opportunity for comment on remedial action
plans submitted to the State.
``(B) Interim authorization.--Beginning 1 year
after a certification under subparagraph (A), the State
may proceed to carry out the remediation waste
management program of the State until the Administrator
issues a determination under subparagraph (C).
``(C) Determination.--
``(i) In general.--Not later than 2 years
after the date on which a State submits to the
Administrator a certification under
subparagraph (A), after public notice and
opportunity for comment, the Administrator
shall issue to the State and publish in the
Federal Register a determination that--
``(I) the certification meets all
of the criteria stated in subparagraph
(A), and the State has final
authorization to carry out the
remediation waste management program of
the State; or
``(II) the certification fails to
meet 1 or more of the criteria stated
in subparagraph (A), stating with
particularity the elements of the State
program that are considered to be
deficient.
``(ii) Default.--
``(I) In general.--Except as
provided in subclause (II), if the
Administrator does not issue a
determination under clause (i) within 2
years after the date on which a State
submits to the Administrator a
certification under subparagraph (A),
the certification shall be considered
to meet all of the criteria stated in
subparagraph (A), and the State shall
have final authorization to carry out
the remediation waste management
program of the State.
``(II) Withdrawal of authority.--If
the Administrator subsequently
withdraws authorization for a State
remediation waste management program in
accordance with subsection (e), the
Administrator shall ensure completion
of any ongoing remedial action plan.''.
(d) Enforcement.--Section 3008(a) of the Solid Waste Disposal Act
(42 U.S.C. 6928(a))) is amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)''; and
(B) by inserting after ``subtitle'' the following:
``or any requirement contained in a remedial action
plan issued or entered into by the Administrator or
with respect to which the Administrator exercises
compliance authority under section 3001(j)'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Remediation waste.--
``(A) Notice of violation.--Notwithstanding any
other provision of this section, if, on the basis of
any information, the Administrator determines that a
person has violated or is in violation of any
requirement for the management of remediation waste
contained in a remedial action plan implemented under a
State remediation waste management program authorized
under section 3006(i), the Administrator shall provide
notice to the State in which the violation occurred or
is occurring prior to commencing any action to require
compliance with the requirements of the remedial action
plan.
``(B) Compliance order.--If, after the 30th day
after the Administrator issues a notice of violation
under subparagraph (A), a State has not taken
appropriate action to require compliance with
requirements of the remedial action plan, the
Administrator may issue an order or commence an action
under paragraph (1) to enforce the remediation waste
management requirements of the remedial action plan.''.
(e) Release, Detection, Prevention, and Correction.--Section 9003
of the Solid Waste Disposal Act (42 U.S.C. 6991b) is amended by adding
at the end the following:
``(i) Petroleum-Contaminated Media and Debris.--Petroleum-
contaminated media and debris that fail the test for toxicity
characteristics due to organics issued by the Administrator under
section 3001, and are subject to corrective action under this section,
shall not be considered to be hazardous waste for purposes of subtitle
C.''. | Amends the Solid Waste Disposal Act to define "remediation waste" as a solid waste or any medium generated during implementation of a remedial action plan (RAP) (a document issued, entered into, or approved by the Administrator of the Environmental Protection Agency (EPA) or a program State, as defined in this Act, to ensure that such waste is managed in a manner protective of human health and the environment). Directs a State that has a remediation waste management program authorized under this Act (a "program State") to exercise compliance with respect to a RAP in the program State. Directs the Administrator to exercise such authority with respect to a plan in a nonprogram State. Provides a rule for the management of remediation waste where a RAP provides for management of such waste in a State other than the State in which it is generated.
Allows a State with a hazardous waste program authorized under the Act to obtain interim authorization to carry out its remediation waste management program after certifying to the Administrator that the State has the authority to control the management of remediation waste in a manner that is protective of human health and the environment, resources to administer and enforce such authority, and procedures to ensure public notice and opportunity for comment on RAPs submitted to the State. Provides for issuance of final authorization of the State's program by the Administrator not later than 18 months after it submits a certification. Provides a similar, but more extended procedure for remediation waste management programs of States without authorized hazardous waste programs.
Provides for issuance by the Administrator of compliance orders for violations of RAP requirements, but requires notice to a State by the Administrator of violations of remedial waste management requirements contained in a RAP before commencing action to enforce compliance. Allows the Administrator to issue an order or commence an enforcement action if after 30 days the State does not take appropriate action to require compliance with RAP requirements.
Excepts from hazardous waste classification petroleum-contaminated media and debris that fail the test for toxicity characteristics due to organics issued by the Administrator under hazardous waste identification and listing provisions and that are subject to corrective action under the underground storage tank provisions. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Activity for Lifelong Energy
Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Obesity in the United States has reached crisis
proportions. According to the Centers for Disease Control and
Prevention (CDC), more than a third of all American adults are
now overweight. Of even greater concern, the percentage of
children and adolescents who are overweight leaped to 16
percent in 2006, a percentage which has more than doubled since
1980.
(2) Overweight adolescents are likely to become overweight
adults, at risk of developing obesity-related, life-threatening
diseases such as cancer, type 2 diabetes, stroke, heart
disease, arthritis, and breathing problems. They will join an
adult population struggling with a staggering 61 percent
overweight rate. Not only will the Nation's children face life-
threatening diseases at younger ages, they will face academic
challenges due to poor health behaviors--resulting in even
greater risk to their future health and earning and the
Nation's economic growth and worldwide competition.
(3) Obesity and insufficient physical activity are not
merely personal issues. Rather, these are public health
problems with wide-ranging implications for the Nation's
economy and quality of life. Research shows that a significant
community-based response can halt the rising tide, and a
comprehensive, multi tiered approach shows the greatest promise
of success and sustainability. A program thrives when it works
for change not only on the individual level, but also within
communities and across a broad spectrum of society. In
addition, it is vitally important to understand the cultural
context of each community and to partner with them in building
relevant and meaningful programs.
(4) State chronic disease programs have depended heavily
upon the CDC for funding to address obesity. The obesity
epidemic has outpaced Federal support, contributing to the
escalating rise of obesity in an increasingly younger
population. Clearly the obesity epidemic is also affecting the
preparedness of the United States. Health and fitness have
always been a critical concern to the Nation's military,
police, fire departments, and first responders.
(5) Military sources state that 80 percent of recruits who
exceed the military weight-for-height standards at entry leave
the military before they complete their first term of
enlistment. This in turn increases the cost of recruitment and
training. These issues threaten the long-term welfare and
readiness of United States military forces and associated
preparedness responders such as police, fire departments, and
first responders.
(6) Obesity and overweight are not just a public health
issue, but also a national security issue. If the Nation's
society is not physically fit, we will not be able to defend
ourselves and the Nation's common interests.
(7) This Act rises to the obesity challenge, with
innovative ways to help children and young adults be physically
active and eat more nutritiously.
SEC. 3. COMMUNITY-BASED PROGRAM TO PROMOTE PHYSICAL ACTIVITY AND GOOD
NUTRITION AND PREVENT OBESITY AND CHRONIC DISEASE.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317S the following:
``SEC. 317T. COMMUNITY-BASED PROGRAM TO PROMOTE PHYSICAL ACTIVITY AND
GOOD NUTRITION AND PREVENT OBESITY AND CHRONIC DISEASE.
``(a) Grants.--For the purpose of enabling State health departments
to maintain a community action team program described in subsection
(d), the Secretary shall--
``(1) make an allotment each fiscal year for the health
department of each State in an amount determined under
subsection (c); and
``(2) make a grant to the health department of the
allotment if the health department submits an application in
accordance with subsection (f).
``(b) Implementation; Consultation.--The Secretary shall carry out
this section--
``(1) acting through an appropriate agency or office of the
Centers for Disease Control and Prevention, such as the
National Center for Chronic Disease Prevention and Health
Promotion; and
``(2) in consultation with appropriate nonprofit
organizations, such as the National Association of Chronic
Disease Directors.
``(c) Amount of Grants.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall determine the amount of a grant under this section to a
State health department for a fiscal year on a competitive
basis.
``(2) Program management.--The Secretary may not provide
more than $100,000 under this section for a fiscal year to any
State for management and administration of activities.
``(3) Community funding.--The Secretary shall provide a
minimum of $300,000 under this section to each State receiving
a grant under this section for the fiscal year involved.
``(d) Community Action Teams.--A funding agreement for a grant
under this section is that the State health department involved will
expend the grant only for the following:
``(1) The State health department will use the grant to
establish and implement community action teams.
``(2) Each such community action team--
``(A) will work within the local community to
promote healthier lifestyles through physical activity
and good nutrition and thereby prevent obesity and
chronic disease; and
``(B) will serve for a period of 3 years.
``(3) The State health department will maintain a total of
4 to 8 community action teams within the State in any given
fiscal year
``(4) At the end of the first 3-year period described in
paragraph (2)(B), and every 2 years thereafter, the State
health department will establish new community action teams in
communities which have not yet had such a team.
``(5) The State health department will provide technical
assistance to the community action teams.
``(e) Program Evaluation.--A funding agreement for a grant under
this section is that the State health department involved, in
collaboration with the Secretary, will collect data on the
effectiveness of the department's community action team program under
this section.
``(f) Application for Grant.--For purposes of subsection (a)(2), an
application for a grant under this section is in accordance with this
subsection if the application--
``(1) contains each funding agreement required by this
section; and
``(2) is in such form, is submitted in such manner, and
contains such agreements, assurances, and information as the
Secretary may require.
``(g) National Activities.--The Secretary shall--
``(1) conduct training institutes to jump-start the work of
community action teams funded through this section;
``(2) provide such teams with access to national experts in
ongoing community change; and
``(3) disseminate information about successes achieved
through this section to communities across the Nation.
``(h) Definition.--In this section, the term `State' means the
several States and the District of Columbia.
``(i) Funding.--
``(1) Authorization of appropriations.--To carry out this
section, there is authorized to be appropriated $40,000,000 for
each of fiscal years 2009 through 2013, of which--
``(A) $26,450,000 shall be made available to State
health departments through grants under this section,
of which--
``(i) $21,350,000 shall be made available
to community action teams; and
``(ii) $5,100,000 shall be used by State
health departments to administer their
community action team programs, including
through provision of technical assistance;
``(B) $7,500,000 shall be available to the
Secretary to carry out subsection (g); and
``(C) $6,050,000 shall be available to the
Secretary for management and evaluation.
``(2) Insufficient appropriations.--If the amount of funds
appropriated to carry out this section is less than $20,000,000
for any fiscal year, the Secretary, notwithstanding subsection
(a)(1), may choose to make grants under this section on a
competitive basis instead of making a grant to each State
health department that submits an application in accordance
with subsection (f); and''. | Healthy Activity for Lifelong Energy Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make grants to enable state health departments to maintain community action teams to work within the local community to promote healthier lifestyles through physical activity and good nutrition and thereby prevent obesity and chronic disease. Requires such departments to collect data on the effectiveness of the community action team program.
Requires the Secretary to: (1) conduct training institutes to jump-start the work of such teams; (2) provide the teams with access to national experts in ongoing community change; and (3) disseminate information about success achieved through the teams to communities across the nation. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect America Act of 2015''.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE,
DELIVERY, OR TRANSFER OF FIREARMS TO KNOWN OR SUSPECTED
TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING
ATTEMPTED FIREARMS PURCHASES BY KNOWN OR SUSPECTED
TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR
SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE FIREARMS.
(a) Short Title.--This section may be cited as the ``Preventing
Terrorists From Obtaining Firearms Act of 2015''.
(b) Amendment.--Section 922(t) of title 18, United States Code, is
amended by adding at the end the following:
``(7)(A) If the Attorney General is notified of a request to
transfer a firearm to a person who is a known or suspected terrorist,
the Attorney General shall--
``(i) as appropriate, take further steps to confirm the
identity of the prospective transferee and confirm or rule out
the suspected nexus to terrorism of the prospective transferee;
``(ii) as appropriate, notify relevant Federal, State, or
local law enforcement agencies or intelligence agencies
concerning the identity of the prospective transferee; and
``(iii) determine whether the prospective transferee is
already the subject of an ongoing terrorism investigation and,
as appropriate, initiate such an investigation.
``(B) Upon being notified of a prospective transfer under
subparagraph (A), the Attorney General or the United States attorney
for the district in which the licensee is located may--
``(i) delay the transfer of the firearm for a period not to
exceed 72 hours; and
``(ii) file an emergency petition in a court of competent
jurisdiction to prohibit the transfer of the firearm.
``(C)(i) An emergency petition filed under subparagraph (B) shall
be granted upon a showing of probable cause to believe that the
prospective transferee has committed or is furthering a plan to commit
an act of terrorism.
``(ii) An emergency petition filed under subparagraph (B) to
prohibit the transfer of a firearm may be granted only after a
hearing--
``(I) of which the prospective transferee receives actual
notice; and
``(II) at which the prospective transferee has an
opportunity to participate with counsel.
``(D) For purposes of this paragraph--
``(i) the term `known or suspected terrorist' means a
person determined by the Attorney General to be known (or
appropriately suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support or resources for
terrorism;
``(ii) the term `material support or resources' has the
meaning given the term in section 2339A; and
``(iii) the term `terrorism' includes international
terrorism and domestic terrorism, as defined in section
2331.''.
SEC. 3. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE,
DELIVERY, OR TRANSFER OF EXPLOSIVES TO KNOWN OR SUSPECTED
TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING
ATTEMPTED EXPLOSIVES PURCHASES BY KNOWN OR SUSPECTED
TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR
SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE EXPLOSIVES.
(a) Short Title.--This section may be cited as the ``Preventing
Terrorists From Obtaining Explosives Act of 2015''.
(b) Amendment.--Section 843 of title 18, United States Code, is
amended by adding at the end the following:
``(j)(1) If the Attorney General receives an application for a user
permit, limited permit, or license to import, manufacture, or deal in
explosive materials from a person who is a known or suspected
terrorist, or receives information under subsection (h) about a
responsible person or employee who is a known or suspected terrorist,
the Attorney General shall--
``(A) as appropriate, take further steps to confirm the
identity of the applicant, responsible person, or employee and
confirm or rule out the suspected nexus to terrorism of the
applicant, responsible person, or employee;
``(B) as appropriate, notify relevant Federal, State, or
local law enforcement agencies or intelligence agencies
concerning the identity of the applicant, responsible person,
or employee; and
``(C) determine whether the applicant, responsible person,
or employee is the subject of an ongoing terrorism
investigation and, as appropriate, initiate such an
investigation.
``(2) Upon receipt of an application or information described in
paragraph (1), the Attorney General or the United States attorney for
the district in which the applicant, responsible person, or employee is
located may--
``(A) for a period not to exceed 90 days, delay the
approval of the application or the determination to issue a
letter of clearance under subsection (h), as the case may be;
and
``(B) file an emergency petition in a court of competent
jurisdiction to prohibit the approval of the application or the
issuance of a letter of clearance under subsection (h), as the
case may be.
``(3)(A) An emergency petition filed under paragraph (2) shall be
granted upon a showing of probable cause to believe that the applicant,
responsible person, or employee has committed or is furthering a plan
to commit an act of terrorism.
``(B) An emergency petition filed under paragraph (2) may be
granted only after a hearing--
``(i) of which the applicant, responsible person, or
employee receives actual notice; and
``(ii) at which the applicant, responsible person, or
employee has an opportunity to participate with counsel.
``(4) For purposes of this subsection--
``(A) the term `known or suspected terrorist' means a
person determined by the Attorney General to be known (or
appropriately suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support or resources for
terrorism;
``(B) the term `material support or resources' has the
meaning given the term in section 2339A; and
``(C) the term `terrorism' includes international terrorism
and domestic terrorism, as defined in section 2331.''.
SEC. 4. SUNSET.
The amendments made by sections 2 and 3 shall cease to have effect
after the 3-year period that begins with the date of the enactment of
this Act.
SEC. 5. REPORTS TO CONGRESS.
Not earlier than 18 months after the date of the enactment of this
Act and not later than 3 years after such date of enactment, the
Attorney General shall submit to the Congress a written report on the
petitions filed and court orders granted under sections 2 and 3,
including--
(1) the number of petitions so filed;
(2) the number of orders so granted;
(3) the number of petitions that were denied;
(4) the disposition of any arrest made after such an order
was granted, including any charges brought and the outcome of
those charges;
(5) with respect to each of the matters described in
paragraphs (1) through (4), whether the subject of the petition
or order was a United States citizen or foreign national and
whether the allegations involved domestic terrorism or
international terrorism;
(6) for any such order issued against a foreign national,
whether a deportation proceeding was initiated against the
individual and, if so, the outcome of the deportation
proceeding; and
(7) whether multiple petitions were filed against any
individual.
SEC. 6. CORRECTION OF THE TERRORIST WATCH LIST AND ``NO-FLY LIST''.
Within 90 days after the date of the enactment of this Act, the
Attorney General shall--
(1) review the terrorist watch list and the no-fly list
referred to in section 44903(j) of title 49, United States
Code, and any other list used by the Transportation Security
Administration for purposes of identifying individuals who are
prohibited from boarding aircraft because they pose a threat of
terrorism, and remove from any such list the name of any person
erroneously placed on the list or otherwise is not a known or
suspected terrorist; and
(2) submit to the Congress a written report that describes
the steps taken to comply with paragraph (1). | Protect America Act of 2015 Preventing Terrorists From Obtaining Firearms Act of 2015 This bill amends the federal criminal code to require the Department of Justice (DOJ), after receiving notice of a request to transfer a firearm to a known or suspected terrorist, to: (1) confirm the identity of the prospective transferee and confirm or rule out a connection to terrorism, (2) notify relevant law enforcement or intelligence agencies, and (3) determine whether the prospective transferee is the subject of an ongoing terrorism investigation. It authorizes DOJ or a U.S. Attorney's Office to delay for up to 72 hours and file an emergency petition to prohibit the firearm transfer. Preventing Terrorists From Obtaining Explosives Act of 2015 If DOJ receives an application for an explosives permit or license from a known or suspected terrorist, it must: (1) confirm the identity of the applicant and confirm or rule out a connection to terrorism, (2) notify relevant law enforcement or intelligence agencies, and (3) determine whether the applicant is the subject of an ongoing terrorism investigation. It authorizes DOJ or a U.S. Attorney's Office to delay for up to 90 days and file an emergency petition to prohibit the approval of the application. The bill requires DOJ to review the terrorist watch and no-fly lists and remove the name of any person whose name was erroneously placed on such lists. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green-Collar Youth Jobs, Education,
and Training Stimulus Act''.
SEC. 2. FINDING.
Congress finds that there is a serious and growing need for
employment opportunities for economically disadvantaged youth
(including young adults), as demonstrated by statistics from the Bureau
of Labor Statistics stating that, in December 2008--
(1) the unemployment rate increased to 7.2 percent, as
compared to 4.9 percent in December 2007;
(2) the unemployment rate for 16- to 19-year-olds rose to
20.8 percent, as compared to 16.9 percent in December 2007; and
(3) the unemployment rate for African-American 16- to 19-
year-olds increased to 33.7 percent, as compared to 28 percent
in December 2007.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to increase knowledge of the importance of building a
green economy;
(2) to increase energy efficiency and renewable energy
usage;
(3) to strengthen the protection of the environment;
(4) to decrease carbon emissions; and
(5) to increase the number of well-trained youth workers
who can obtain well-paying jobs in a range of green-collar
industries and other viable industries.
SEC. 4. DEFINITIONS.
In this Act:
(1) Green-collar industries.--In this section, the term
``green-collar industries'' means industries throughout the
economy of the United States--
(A) that promote energy efficiency, energy
conservation, and environmental protection, including
promoting renewable energy and clean technology;
(B) that offer jobs with substantial pay and
benefits; and
(C) that are industries in which there is likely to
be continued demand for workers.
(2) Local board, low-income individual, secretary.--The
terms ``local board'', ``low-income individual'', and
``Secretary'' have the meanings given the terms in section 101
of the Workforce Investment Act of 1998 (29 U.S.C. 2801).
(3) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an industry skills
training program at the postsecondary level that combines
technical and theoretical training through structured on-the-
job learning with related instruction (in a classroom or
through distance learning) while an individual is employed,
working under the direction of qualified personnel or a mentor,
and earning incremental wage increases aligned to enhanced job
proficiency, resulting in the acquisition of a nationally
recognized and portable certificate, under a plan approved by
the Office of Apprenticeship or a State agency recognized by
the Department of Labor.
SEC. 5. GREEN JOB CORPS PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to encourage youth participating in the Job Corps to
become informed energy- and environmentally-conscious
consumers;
(2) to enable the youth to acquire and expand skills
related to green-collar industries; and
(3) to address Job Corps construction needs and energy
costs and to make Job Corps centers more energy efficient,
including retrofitting facilities and restoring campuses.
(b) Definitions.--In this section, the terms ``enrollee'',
``graduate'', and ``Job Corps Center'' have the meanings given the
terms in section 142 of the Workforce Investment Act of 1998 (29 U.S.C.
2882).
(c) General Authority.--The Secretary is authorized to reserve not
more than $500,000,000 of the funds appropriated under this Act to
provide work experiences and training described in subsection (d) in
green-collar industries. The Secretary shall provide the work
experiences and training, in conjunction with activities described in
section 148 of the Workforce Investment Act of 1998 (29 U.S.C. 2888),
under subtitle C of title I of such Act (29 U.S.C. 2881 et seq.)
(except that subsections (c) and (d) of section 159 of such Act (29
U.S.C. 2899) shall not apply to such experiences and training).
(d) Use of Funds.--
(1) Skill development program activities.--The Secretary
shall expand Job Corps skill development program activities by
updating occupational training programs (including making
changes in curriculum and equipment), including development of
necessary academic skills in green-collar industries (including
construction, facilities maintenance, and advanced
manufacturing).
(2) Paid work opportunities.--As part of Job Corps career
training, the Secretary shall provide paid work opportunities,
in green-collar industries, primarily located at Job Corps
centers, in order to address Job Corps construction needs and
make those centers more energy efficient, including
retrofitting facilities and restoring campuses. In carrying out
this paragraph, the Secretary shall give priority to projects
that help conserve, develop, or manage public natural resources
or public recreational areas, or support the public interest.
(3) Consumer and leadership activities.--As part of the Job
Corps life skills program, the Secretary shall offer consumer
and leadership activities, to create a corps of intelligent and
informed energy- and environmentally-conscious consumers,
including activities that educate Job Corps members about how
they can contribute to minimize the effects of climate change
and become future leaders in their local communities who
preserve and strengthen energy- and environmentally-conscious
practices.
(e) Report to Congress.--
(1) Indicator.--For purposes of the Green Job Corps program
carried out under this section, the indicators of performance
shall be--
(A) entry of graduates who participated in work
experiences described in subsection (d)(2) into
unsubsidized employment in a green-collar industry;
(B) average wages received by such graduates upon
entry into such employment; and
(C) number of such graduates who obtain an
occupational or education-related credential.
(2) Assessment.--The Secretary shall prepare an assessment
of the Green Job Corps program that--
(A) describes the use of funds made available under
this section to carry out the program and the progress
achieved through that program; and
(B) provides information on the performance of the
program on the indicators of performance.
(3) Report.--The Secretary shall include the assessment
described in paragraph (2) in the corresponding annual report
described in subsection (c) of section 159 of such Act (29
U.S.C. 2899), in lieu of submitting any of the information
described in subsection (c) or (d) of that section 159 with
respect to the Green Job Corps program.
SEC. 6. YOUTHBUILD BUILD GREEN GRANTS.
(a) General Authority.--The Secretary is authorized to reserve
$300,000,000 of the funds appropriated under this Act to provide to
eligible youth education, work experiences (including service), and
training, in green-collar industries, especially concerning the
weatherization and energy retrofitting of homes of low-income
individuals. The Secretary shall provide the services described in this
subsection in conjunction with activities described in section 173A(c)
of the Workforce Investment Act of 1998 (29 U.S.C. 2918a(c)), under the
YouthBuild program set forth in section 173A of such Act (29 U.S.C.
2918a) (except that paragraphs (3), (4), and (5) of subsection (c), and
subsection (d), of such section shall not apply to such services).
(b) Grants.--The Secretary is authorized to award from the reserved
funds, on a competitive basis, YouthBuild Build Green grants to
entities that are recipients of YouthBuild grants under section 173A of
such Act.
(c) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
(d) Priority.--In awarding grants under this section, the Secretary
shall give priority to entities who--
(1) demonstrate the ability to leverage additional
resources, which may include materials, personnel, and
supplies, from other public and private sources; and
(2) demonstrate the ability to build a foundation of
public-private partnerships in a green-collar industry, related
to construction, for future projects carried out by the
entities.
(e) Eligible Youth.--To be eligible to participate in the program
carried out under this section, a youth shall meet the requirements of
section 173A(e)(1) of the Workforce Investment Act of 1998 (29 U.S.C.
2918a(e)(1)).
(f) Use of Funds.--
(1) Skills development and training.--An entity that
receives a grant under this section shall use not less than 90
percent of the funds made available through the grant to
provide to participants in the program carried out under this
section a combination of classroom education and job skills
development, through onsite training and work experiences
(including construction or rehabilitation of facilities) in a
construction trade that makes efficient use of green
technologies. Such education and skills development shall be
designed to prepare the participants for jobs in green-collar
industries in their communities and States.
(2) Supervision and training.--The entity may use not more
than 10 percent of the grant funds for supervision and training
costs related to the activities described in paragraph (1).
(g) Report to Congress.--
(1) Indicators.--For purposes of the program carried out
under this section, the indicators of performance shall be--
(A) entry of individuals who completed their
participation in the program and who participated in
activities described in subsection (f)(1) into
registered apprenticeship programs in a construction
trade in a green-collar industry or a related trade;
and
(B) entry of such individuals, who participated in
such activities, into unsubsidized employment in a
green-collar industry.
(2) Assessment.--The Secretary shall prepare an assessment
of the program that--
(A) describes the use of funds made available under
this section to carry out the program and the progress
achieved through that program; and
(B) provides information on the performance of the
program on the indicators of performance.
(3) Report.--The Secretary shall annually submit to
Congress a report containing the assessment described in
paragraph (2).
SEC. 7. GREEN-COLLAR YOUTH OPPORTUNITY GRANTS.
(a) Definition.--The term ``community college'' means a 2-year
institution of higher education, as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
(b) General Authority.--The Secretary is authorized to reserve
$200,000,000 of the funds appropriated under this Act for work
experiences and training in green-collar industries for eligible youth.
The Secretary shall provide the work experiences and training in
conjunction with activities described in section 169(b) of the
Workforce Investment Act of 1998 (29 U.S.C. 2914(b)), under the Youth
Opportunity Grants program described in section 169 of that Act (29
U.S.C. 2914) (except that subsections (a)(3), (b)(2), (d), (e)(2), (f),
and (g) of such section shall not apply to such work experiences and
training).
(c) Grants.--The Secretary is authorized to award from the reserved
funds, on a competitive basis, Green-Collar Youth Opportunity Grants to
eligible organizations.
(d) Eligible Organizations.--
(1) In general.--To be eligible to receive a grant under
this section, an organization shall be a local board described
in section 169(c) of the Workforce Investment Act of 1998 (29
U.S.C. 2914(c)) an entity described in section 169(d) of such
Act (29 U.S.C. 2914(d)), or an entity acting of behalf of an
eligible strategic partnership.
(2) Eligible strategic partnership.--
(A) In general.--For purposes of this subsection,
an eligible strategic partnership shall be composed of
at least 1 representative of a local board serving a
community, and of each of the 8 types of organizations
described in subparagraph (B).
(B) Types of organizations.--The types of
organizations referred to in subparagraph (A) are
businesses, unions, labor-management partnerships,
schools (including community colleges), public agencies
including law enforcement, nonprofit community
organizations, economic development entities, and
philanthropic organizations, that are actively engaged
in providing learning, mentoring, and work
opportunities to eligible youth.
(3) Fiscal and administrative agent.--The strategic
partnership shall designate an entity, which shall be a member
of the partnership, as the strategic partnership's fiscal and
administrative entity for the implementation of activities
under the grant.
(e) Application.--To be eligible to receive a grant under this
section, an organization shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require.
(f) Priority.--In making grants under this section, the Secretary
shall give priority to organizations located in communities described
in subsection (c) or (d)(2) of section 169 of the Workforce Investment
Act of 1998 (29 U.S.C. 2914).
(g) Eligible Youth.--To be eligible to participate in a program
carried out under this section, a youth shall--
(1) be not less than age 14 and not more than age 24;
(2) reside in a community described in subsection (c) or
(d)(2) of section 169 of such Act; and
(3) have multiple barriers to education and career success,
as specified by the Secretary.
(h) Use of Funds.--An organization that receives a grant under this
section may use the funds made available through the grant to provide
programs of work experiences and training in green-collar industries
that include education and paid work experiences. The work experiences
shall involve retrofitting buildings (including facilities of small
businesses) to achieve energy savings, or enhancing, creating, or
preserving public space, within the communities served. In providing
the programs, the organization may provide any of the activities
described in subsection (b)(1) of that section 169.
(i) Report to Congress.--
(1) Indicators.--For purposes of the program carried out
under this section, the indicators of performance shall be--
(A) acquisition of a high school diploma or its
generally recognized equivalent by individuals who
completed their participation in the program and who
participated in training described in subsection (b);
(B) entry of such individuals, who participated in
work experiences described in subsection (b), into
postsecondary education linked to the green economy,
including registered apprenticeship programs in a
green-collar industry; and
(C) entry of such individuals, who participated in
work experiences described in subsection (b), into
unsubsidized employment in a green-collar industry.
(2) Assessment.--The Secretary shall prepare an assessment
of the program that--
(A) describes the use of funds made available under
this section to carry out the program and the progress
achieved through that program; and
(B) provides information on the performance of the
program, including on the indicators of performance.
(3) Report.--The Secretary shall annually submit to
Congress a report containing the assessment described in
paragraph (2).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary for
activities described in this Act $1,000,000,000, which shall be
available for the period of January 1, 2009 through December 31, 2010. | Green-Collar Youth Jobs, Education, and Training Stimulus Act - Authorizes appropriations to the Secretary of Labor to expand the Job Corps program to: (1) establish a Green Job Corps program that provides for the development of academic skills and paid jobs in green-collar industries to create a corps of energy- and environmentally-conscious consumers; and (2) award YouthBuild Build Green Grants and Green-Collar Youth Opportunity Grants to eligible entities and organizations to provide eligible youth with education, jobs, and training in green-collar industries, including the weatherization and energy retrofitting of low-income homes and buildings. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``First-time Homebuyer Down Payment
Assistance Act''.
SEC. 2. EQUITY INVESTMENTS IN PRINCIPAL RESIDENCES FOR FIRST-TIME
HOMEBUYERS BY CERTAIN RETIREMENT PLANS.
(a) Exemption of Investment From Prohibited Transaction Rules.--
Section 4975 of the Internal Revenue Code of 1986 (relating to tax on
prohibited transactions) is amended by redesignating subsections (h)
and (i) as subsections (i) and (j), respectively, and by inserting
after subsection (g) the following new subsection:
``(h) Special Rule for Home Equity Participation Arrangements.--
``(1) In general.--The prohibitions provided in subsection
(c) shall not apply to any qualified home equity participation
arrangement to the extent that the amount paid to acquire the
ownership interest referred to paragraph (2)(A) does not exceed
$10,000.
``(2) Qualified home equity participation arrangement.--For
purposes of this subsection--
``(A) In general.--The term `qualified home equity
participation arrangement' means an arrangement--
``(i) under which the trustee of a
qualified plan, at the direction of the
eligible participant, shall acquire an
ownership interest in any dwelling unit which
within a reasonable period of time (determined
at the time the arrangement is executed) is to
be used as the principal residence for a first-
time homebuyer, and
``(ii) which meets the requirements of
subparagraph (B).
``(B) Ownership interest requirement.--An
arrangement shall meet the requirements of this
subparagraph if the ownership interest described in
subparagraph (A)--
``(i) is a fee interest in such property
(and, in the case of an arrangement which is
not otherwise at arm's length, the trustee's
fee interest would be reasonable in an arm's
length arrangement),
``(ii) by its terms requires repayment in
full upon the sale or other transfer of the
dwelling unit, and
``(iii) may not be used as security for any
loan secured by any interest in the dwelling
unit.
``(3) Definitions.--For purposes of this subsection--
``(A) Eligible participant.--The term `eligible
participant' means an individual on whose behalf a
qualified plan is established.
``(B) Qualified plan.--The term `qualified plan'
means an individual retirement plan or qualified cash
or deferred arrangement described in section 401(k).
``(C) First-time homebuyer.--The term `first-time
homebuyer' means an individual who--
``(i) is an eligible participant or
qualified family member, and
``(ii) had (and if married, such
individual's spouse had) no present ownership
interest in a principal residence at any time
during the 2-year period before the date of the
arrangement.
``(D) Qualified family member.--The term `qualified
family member' means a child (as defined in section
151(c)(3)) or grandchild of the eligible participant
(or such participant's spouse). Section 152(b)(2) shall
apply in determining if an individual is a child or
grandchild of an eligible participant (or such
participant's spouse).
``(E) Acquisition; etc.--
``(i) Acquisition.--The term `acquisition'
includes construction, reconstruction, and
improvement related to such acquisition.
``(ii) Acquisition cost.--The term
`acquisition cost' has the meaning given such
term by section 143(k)(3).
``(F) Principal residence.--The term `principal
residence' has the same meaning as when used in section
121.''.
(b) Investment Not a Loan Under Distribution Rules.--Section 72(p)
of such Code (relating to loans treated as distributions) is amended by
adding at the end the following new paragraph:
``(6) Special rule for home equity participation
arrangements.--Paragraph (1) shall not apply to a qualified
home equity participation arrangement to which section
4975(h)(1) applies.''.
(c) Conforming Amendment.--Section 408(b) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)) is amended
by adding at the end the following new paragraph:
``(14) Any qualified home equity participation arrangement
to which section 4975(h) of the Internal Revenue Code of 1986
applies to the extent that the requirements of paragraph (1)
thereof are met.''.
(d) Effective Date.--The amendments made by this section shall
apply to arrangements entered into after the date of the enactment of
this Act. | First-time Homebuyer Down Payment Assistance Act - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from prohibited transaction rules any home equity participation arrangement under which the trustee of a qualified plan, at the direction of the eligible participant, shall acquire an ownership interest (not to exceed $10,000, and repayable in full upon resale or other transfer) in any dwelling unit which within a reasonable period of time is to be used as the principal residence for a first-time homebuyer. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fall River Water Users District
Rural Water System Act of 1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are insufficient water supplies of reasonable
quality available to the members of the Fall River Water Users
District Rural Water System located in Fall River County, South
Dakota, and the water supplies that are available are of poor
quality and do not meet the minimum health and safety
standards, thereby posing a threat to public health and safety;
(2) past cycles of severe drought in the southeastern area
of Fall River county have left local residents without a
satisfactory water supply and during 1990, many home owners and
ranchers were forced to haul water to sustain their water
needs;
(3) most members of the Fall River Water Users District are
forced to either haul bottled water for human consumption or
use distillers due to the poor quality of water supplies
available;
(4) the Fall River Water Users District Rural Water System
has been recognized by the State of South Dakota; and
(5) the best available, reliable, and safe rural and
municipal water supply to serve the needs of the Fall River
Water Users District Rural Water System members consists of a
Madison Aquifer well, 3 separate water storage reservoirs, 3
pumping stations, and approximately 200 miles of pipeline.
(b) Purposes.--The Congress declares that the purposes of sections
1 through 13 are to--
(1) ensure a safe and adequate municipal, rural, and
industrial water supply for the members of the Fall River Water
Users District Rural Water System in Fall River County, South
Dakota;
(2) assist the citizens of the Fall River Water Users
District to develop safe and adequate municipal, rural, and
industrial water supplies; and
(3) promote the implementation of water conservation
programs by the Fall River Water Users District Rural Water
System.
SEC. 3. DEFINITIONS.
As used in this Act (unless the context clearly requires
otherwise):
(1) Engineering report.--The term ``engineering report''
means the study entitled ``Supplemental Preliminary Engineering
Report for Fall River Water Users District'' in August 1995.
(2) Project construction budget.--The term ``project
construction budget'' means the description of the total amount
of funds that are needed for the construction of the water
supply system, as contained in the feasibility study.
(3) Pumping and incidental operational requirements.--The
term ``pumping and incidental operational requirements'' means
all power requirements that are incidental to the operation of
intake facilities, pumping stations, water treatment
facilities, cooling facilities, reservoirs, and pipelines up to
the point of delivery of water by the Fall River Water Users
District Rural Water System to each entity that distributes
water at retail to individual users.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Water supply system.--The term ``water supply system''
means the Fall River Water Users District Rural Water System
that is established and operated substantially in accordance
with the feasibility study.
SEC. 4. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.
(a) In General.--The Secretary is authorized to make grants to the
Fall River Water Users District Rural Water System, a nonprofit
corporation, for the planning and construction of the water supply
system.
(b) Service Area.--The water supply system shall provide for safe
and adequate municipal, rural, and industrial water supplies,
mitigation of wetlands areas; and water conservation within the
boundaries of the Fall River Water Users District, described as
follows: bounded on the north by the Angostura Reservoir, the Cheyenne
River, and the Fall River/Custer County line, bounded on the east by
the Fall River/Shannon County line, bounded on the south by the South
Dakota/Nebraska State line, and bounded on the west by the previously
established Igloo-Provo Water Project District.
(c) Amount of Grants.--Grants made available under subsection (a)
to the Fall River Water Users District Rural Water System shall not
exceed the amount authorized under section 10.
(d) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the water
supply system until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) have been met;
(2) a final engineering report has been prepared and
submitted to the Congress for a period of not less than 90 days
before the commencement of construction of the system; and
(3) a water conservation program has been developed and
implemented.
SEC. 5. WATER CONSERVATION.
(a) Purpose.--The water conservation program required under this
section shall be designed to ensure that users of water from the water
supply system will use the best practicable technology and management
techniques to conserve water use.
(b) Description.--The water conservation programs shall include--
(1) low consumption performance standards for all newly
installed plumbing fixtures;
(2) leak detection and repair programs;
(3) rate structures that do not include declining block
rate schedules for municipal households and special water users
(as defined in the feasibility study);
(4) public education programs; and
(5) coordinated operation between the Fall River Water
Users District Rural Water System and any preexisting water
supply facilities within its service area.
(c) Review and Revision.--The programs described in subsection (b)
shall contain provisions for periodic review and revision, in
cooperation with the Secretary.
SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation of fish and wildlife losses incurred as a result of the
construction and operation of the Fall River Water Users District Rural
Water System shall be on an acre-for-acre basis, based on ecological
equivalency, concurrent with project construction, as provided in the
feasibility study.
SEC. 7. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future irrigation and
drainage pumping for the Pick-Sloan Missouri River Basin Program, the
Western Area Power Administration shall make available the capacity and
energy required to meet the pumping and incidental operational
requirements of the water supply system during the period beginning May
1, and ending October 31, of each year.
(b) Conditions.--The capacity and energy described in subsection
(a) shall be made available on the following conditions:
(1) The water supply system shall be operated on a not-for-
profit basis.
(2) The water supply system shall contract to purchase its
entire electric service requirements, including the capacity
and energy made available under subsection (a), from a
qualified preference power supplier that itself purchases power
from the Western Area Power Administration.
(3) The rate schedule applicable to the capacity and energy
made available under subsection (a) shall be the firm power
rate schedule of the Pick-Sloan Eastern Division of the Western
Area Power Administration in effect when the power is delivered
by the Administration.
(4) It shall be agreed by contract among--
(A) the Western Area Power Administration;
(B) the power supplier with which the water supply
system contracts under paragraph (2);
(C) the power supplier of the entity described in
subparagraph (B); and
(D) the Fall River Water Users District,
that in the case of the capacity and energy made available
under subsection (a), the benefit of the rate schedule
described in paragraph (3) shall be passed through to the water
supply system, except that the power supplier of the water
supply system shall not be precluded from including, in the
charges of the supplier to the water system for the electric
service, the other usual and customary charges of the supplier.
SEC. 8. NO LIMITATION ON WATER PROJECTS IN STATE.
This Act shall not limit the authorization for water projects in
South Dakota and under law in effect on or after the date of enactment
of this Act.
SEC. 9. WATER RIGHTS.
Nothing in this Act--
(1) invalidates or preempts State water law or an
interstate compact governing water;
(2) alters the rights of any State to any appropriated
share of the waters of any body of surface or ground water,
whether determined by past or future interstate compacts or by
past or future legislative or final judicial allocations;
(3) preempts or modifies any Federal or State law, or
interstate compact, dealing with water quality or disposal; or
(4) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.
SEC. 10. FEDERAL COST SHARE.
The Secretary is authorized to provide funds equal to 80 percent
of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after August 1, 1995.
SEC. 11. NON-FEDERAL COST SHARE.
The non-Federal share of the costs allocated to the water supply
system shall be 20 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after August 1, 1995.
SEC. 12. BUREAU OF RECLAMATION AUTHORIZATION.
(a) Authorization.--The Secretary is authorized to allow the Bureau
of Reclamation to provide construction oversight to the water supply
system for those areas of the water supply system that are described in
section 4(b).
(b) Project Oversight Administration.--The amount of funds used by
the Bureau of Reclamation for planning and construction of the water
supply system may not exceed an amount equal to 3 percent of the amount
provided in the total project construction budget for the portion of
the projects to be constructed in Fall River County, South Dakota.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,600,000 for the planning
and construction of the water system under section 4, plus such sums as
are necessary to defray increases in development costs reflected in
appropriate engineering cost indices after August 1, 1995. | Fall River Water Users District Rural Water System Act of 1996 - Authorizes the Secretary of the Interior to make grants for the construction and operation of the Fall River Water Users District Rural Water System, Inc. Prohibits the obligation of System construction funds until: (1) Federal environmental compliance requirements have been met; (2) a final System engineering report has been prepared and submitted to the Congress for at least a 90-day period; and (3) a water conservation program has been developed and implemented.
Requires the water conservation program to be designed to ensure that System water users will use the best practicable technology and management techniques to conserve water use.
Requires the mitigation of fish and wildlife losses during System construction and operation.
Directs the Western Area Power Administration to make available, from power produced under the Pick-Sloan Missouri River Basin Program, the capacity and energy required to meet the pumping and incidental operational requirements of the System from May 1 to October 31 of each year. Provides power use conditions.
States that this Act does not limit: (1) the authorization for water projects in South Dakota under any law; or (2) current water rights.
Provides the Federal share (80 percent) of System costs.
Authorizes the Secretary to allow the Bureau of Reclamation to provide construction oversight to a specified service area within the System, limiting oversight costs.
Authorizes appropriations. | billsum_train |
Change the following text into a summary: SECTION 1. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION.
(a) In General.--Chapter 97 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1994. Terrorist attacks against mass transportation
``(a) General Prohibitions.--Whoever willfully--
``(1) wrecks, derails, sets fire to, or disables a mass
transportation vehicle or vessel;
``(2) places or causes to be placed any destructive
substance in, upon, or near a mass transportation vehicle or
vessel, without previously obtaining the permission of the mass
transportation providers;
``(3) sets fire to, or places any destructive substance in,
upon, or near any garage, terminal, structure, supply, or
facility used in the operation of, or in support of the
operation of, a mass transportation vehicle, knowing or having
reason to know such activity would likely derail, disable, or
wreck a mass transportation vehicle used, operated, or employed
by a mass transportation provider;
``(4) removes appurtenances from, damages, or otherwise
impairs the operation of a mass transportation signal system,
including a train control system, centralized dispatching
system, or rail grade-crossing warning signal;
``(5) interferes with, disables, or incapacitates any
driver or person while they are employed in operating or
maintaining a mass transportation vehicle or vessel, or any
ticket and fare collection activities, while that driver or
person is engaged in the duties of that employment, with intent
to endanger the safety of any passenger or employee of the mass
transportation provider, or with a reckless disregard for the
safety of human life;
``(6) commits an act intended to cause death or serious
bodily injury to an employee or passenger of a mass
transportation provider on the property of a mass
transportation provider;
``(7) conveys or causes to be conveyed false information,
knowing the information to be false, concerning an attempt or
alleged attempt being made or to be made, to do any act which
would be a crime prohibited by this subsection, except that
this paragraph does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a
political subdivision of a State, or of an intelligence agency
of the United States; or
``(8) attempts, threatens, or conspires to do any of the
acts prohibited in paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than 20 years,
or both, if such act is committed on or against a mass transportation
provider engaged in or affecting interstate or foreign commerce, or if
in the course of committing such act, that person travels or
communicates across a State line in order to commit such act, or
transports materials across a State line in aid of the commission of
such act. Whoever is convicted under this section shall also be subject
to imprisonment for life if the mass transportation vehicle or vessel
was carrying a passenger at the time of the offense.
``(b) Prohibitions on the Use of Firearms and Dangerous Weapons.--
(1) Except as provided in paragraph (4), whoever knowingly possesses or
causes to be present any firearm or other dangerous weapon on board a
mass transportation vehicle or vessel, or attempts to do so, shall be
fined under this title or imprisoned not more than one year, or both,
if such act is committed on a mass transportation provider engaged in
or affecting interstate or foreign commerce, or if in the course of
committing such act, that person travels or communicates across a State
line in order to commit such act, or transports materials across a
State line in aid of the commission of such act.
``(2) Whoever, with intent that a firearm or other dangerous weapon
be used in the commission of a crime, knowingly possesses or causes to
be present such firearm or dangerous weapon on board a mass
transportation vehicle or vessel, or in a mass transportation passenger
terminal facility, or attempts to do so, shall be fined under this
title or imprisoned not more than 5 years, or both, if such act is
committed on a mass transportation provider engaged in or affecting
interstate or foreign commerce, or if in the course of committing such
act, that person travels or communicates across a State line in order
to commit such act, or transports materials across a State line in aid
of the commission of such act.
``(3) A person who kills or attempts to kill a person in the course
of a violation of paragraph (1) or (2), or in the course of an attack
on a mass transportation vehicle or vessel, or a mass transportation
passenger terminal facility involving the use of a firearm or other
dangerous weapon, shall be punished as provided in sections 1111, 1112,
and 1113 of this title, except that the penalty of death may not be
imposed with respect to a killing made an offense by this section.
``(4) Paragraph (1) does not apply to--
``(A) the possession of a firearm or other dangerous weapon
by an officer, agent, or employee of the United States, a
State, or a political subdivision thereof, while engaged in the
lawful performance of official duties, who is authorized by law
to engage in the transportation of people accused or convicted
of crimes, or supervise the prevention, detection,
investigation, or prosecution of any violation of law;
``(B) the possession of a firearm or other dangerous weapon
by an officer, agent, or employee of the United States, a
State, or a political subdivision thereof, while off duty, if
such possession is authorized by law;
``(C) the possession of a firearm or other dangerous weapon
by a Federal official or a member of the Armed Forces if such
possession is authorized by law; or
``(D) an individual transporting a firearm on board a mass
transportation vehicle or vessel (except a loaded firearm) in
baggage not accessible to any passenger on board the vehicle or
vessel, if the mass transportation provider was informed of the
presence of the weapon prior to the firearm being placed on
board the vehicle or vessel.
``(c) Prohibition Against Propelling Objects.--Whoever willfully or
recklessly throws, shoots, or propels a rock, stone, brick, or piece of
iron, steel, or other metal or any deadly or dangerous object or
destructive substance at any mass transportation vehicle or vessel,
knowing or having reason to know such activity would likely cause
personal injury, shall be fined under this title or imprisoned for not
more than 5 years, or both, if such act is committed on or against a
mass transportation provider engaged in or substantially affecting
interstate or foreign commerce, or if in the course of committing such
acts, that person travels or communicates across a State line in order
to commit such acts, or transports materials across a State line in aid
of the commission of such acts. Whoever is convicted of any crime
prohibited by this subsection shall also be subject to imprisonment for
not more than 20 years if the offense has resulted in the death of any
person.
``(d) Definitions.--In this section--
``(1) the term `dangerous device' has the meaning given to
that term in section 921(a)(4) of this title;
``(2) the term `dangerous weapon' has the meaning given to
that term in section 930 of this title;
``(3) the term `destructive substance' has the meaning
given to that term in section 31, except that--
``(A) the term `radioactive device' does not
include any radioactive device or material used solely
for medical, industrial, research, or other peaceful
purposes; and
``(B) the term `destructive substance' includes any
radioactive device or material that can be used to
cause a harm listed in subsection (a) and that is not
in use solely for medical, industrial, research, or
other peaceful purposes;
``(4) the term `firearm' has the meaning given to that term
in section 921 of this title;
``(5) the term `mass transportation' has the meaning given
to that term in section 5302(a)(7) of title 49, except that the
term also includes school bus, charter, and sightseeing
transportation;
``(6) the term `serious bodily injury' has the meaning
given to that term in section 1365 of this title; and
``(7) the term `State' has the meaning given to that term
in section 2266 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 97 of title 18, United States Code, is amended by adding at the
end the following new item:
``1994. Terrorist attacks against mass transportation.''.
SEC. 2. INVESTIGATIVE JURISDICTION.
The Federal Bureau of Investigation shall lead the investigation of
all offenses under section 1994 of title 18, United States Code. The
Federal Bureau of Investigation shall cooperate with the National
Transportation Safety Board and with the Department of Transportation
in safety investigations by these agencies, and with the Treasury
Department's Bureau of Alcohol, Tobacco and Firearms concerning an
investigation regarding the possession of firearms and explosives. | Amends the Federal criminal code to set penalties for specified terrorist attacks against mass transportation, including derailing or setting fire to a mass transportation vehicle or vessel (vehicle), and incapacitating any person while such person is employed in operating or maintaining such vehicle with intent to endanger passenger or employee safety, or with a reckless disregard for the safety of human life.
Prohibits and sets penalties for knowingly possessing or causing to be present a firearm or other dangerous weapon on board a vehicle, and for doing so with intent that it be used in the commission of a crime (including in a mass transportation passenger terminal facility). Sets penalties for killing or attempting to kill a person in the course of a violation or an attack on a vehicle or such facility. Lists exceptions, including for Federal, State, or local government agents or employees while engaged in the lawful performance of official duties.
Prohibits and sets penalties for willfully or recklessly propelling dangerous objects or substances at a vehicle, knowing or having reason to know that doing so would likely cause personal injury, under specified circumstances.
Directs the Federal Bureau of Investigation to lead investigation of all offenses under this Act, and to cooperate with the National Transportation Safety Board, the Department of Transportation, and the Treasury Department's Bureau of Alcohol, Tobacco, and Firearms in safety investigations and in firearms or explosives possession investigations. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Program Reauthorization
Act of 2010''.
SEC. 2. USDA BROADBAND LOANS, LOAN GUARANTEES, AND GRANTS ESTABLISHED
UNDER PUBLIC LAW 111-5.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb
et seq.) is amended by adding at the end the following:
``SEC. 603. USDA BROADBAND LOANS, LOAN GUARANTEES, AND GRANTS
ESTABLISHED UNDER PUBLIC LAW 111-5.
``(a) Loans, Loan Guarantees, and Grants.--
``(1) In general.--The amounts authorized to be
appropriated under subsection (f) shall be used to cover the
cost of broadband loans and loan guarantees, as authorized by
section 601 of this Act and for grants (including for technical
assistance).
``(2) Definition.--For purposes of this subsection, the
cost of direct and guaranteed loans shall be as defined in
section 502 of the Congressional Budget Act of 1974.
``(b) Use of Funds.--
``(1) In general.--Notwithstanding section 601 of this Act,
the amounts authorized under this section shall be made
available for grants, loans, and loan guarantees for broadband
infrastructure in any area of the United States.
``(2) Limitation.--Of the amounts made available under this
section, at least 75 percent of the area to be served by a
project receiving funds from such grants, loans, or loan
guarantees shall be in a rural area without sufficient access
to high speed broadband service to facilitate rural economic
development, as determined by the Secretary of Agriculture.
``(3) Priority.--In awarding grants, loans, or loan
guarantees under this section, the Secretary of Agriculture
shall give priority--
``(A) to project applications for broadband systems
that will deliver end users a choice of more than 1
service provider;
``(B) to projects that provide service to the
highest proportion of rural residents that do not have
access to broadband service;
``(C) for project applications from borrowers or
former borrowers under title II of the Rural
Electrification Act of 1936 and for project
applications that include such borrowers or former
borrowers;
``(D) to project applications that demonstrate
that, if the application is approved, all project
elements will be fully funded;
``(E) to project applications for activities that
can be completed if the requested funds are provided,
and to activities that can commence promptly following
approval; and
``(F) to project applications that will expand
broadband opportunities in rural and tribal areas.
``(c) Coordination.--
``(1) Broadband technologies opportunity program.--No area
of a project funded with amounts made available under this
section may receive funding to provide broadband service under
the Broadband Technology Opportunities Program established
under Public Law 111-5.
``(2) FCC national broadband plan.--In carrying out this
section, the Secretary of Agriculture shall coordinate and
harmonize, to the extent possible, its activities with the
national broadband plan developed by the Federal Communications
Commission pursuant to Public Law 111-5.
``(d) Report.--The Secretary of Agriculture shall submit a report
on planned spending and actual obligations describing the use of the
funds made available under this section not later than 90 days after
the date of enactment of this Act, and quarterly thereafter, until all
funds are obligated, to the Committees on Appropriations of the House
of Representatives and the Senate.
``(e) Clearinghouse Website.--The Secretary of Agriculture shall
create and maintain a fully searchable database, accessible on the
Internet at no cost to the public that shall serve as the clearinghouse
for all information relating to loans, loan guarantees, and grants made
in accordance with this section, including--
``(1) when any grant application was received and if such
application was accepted, when any amounts were awarded to such
applicant; and
``(2) information related to options, opportunities,
resources, successful public-private partnerships, funding
sources, and tutorials related to the expansion of broadband
infrastructure and service into rural and tribal areas.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Agriculture to carry out this section--
``(A) $2,000,000,000 for fiscal year 2011; and
``(B) such sums as necessary for each fiscal year
thereafter.
``(2) Availability.--Any amounts appropriated to carry out
this section shall remain available until expended.
``(g) Definitions.--
``(1) In general.--As used in this section:
``(A) Rural area.--
``(i) In general.--The term `rural area'
means any area, as set forth in the most recent
decennial census by the Census Bureau, which is
not located within--
``(I) a city, town, or incorporated
area that has a population of greater
than 20,000 inhabitants; or
``(II) an urbanized area contiguous
and adjacent to a city or town that has
a population of greater than 50,000
inhabitants.
``(ii) Rule of construction.--For purposes
of clause (i)(II), the term `urbanized area'
means a densely populated territory, as defined
in the most recent decennial census by the
Census Bureau.
``(B) Broadband.--The term `broadband' means 2-way
data transmission with advertised speeds of at least
768 kilobytes per second downstream and at least 200
kilobytes per second upstream to end users, or
providing sufficient capacity in a middle mile project
to support the provision of broadband service to end
users.
``(2) Unserved area; underserved area.--For purposes of the
grant program under this section, the Secretary of Agriculture
shall define--
``(A) the term `unserved area' to mean any area
where at least 90 percent of households in that area
lack access to terrestrial broadband service; and
``(B) the term `underserved area' to mean any
census tract, as determined by the most recent
decennial census by the Census Bureau, where--
``(i) no more than 50 percent of households
in a proposed funded service area have access
to facilities-based, terrestrial broadband
service at greater than 768 kilobytes per
seconds;
``(ii) no broadband provider advertises
broadband transmission speeds of at least 3
megabits per second downstream; or
``(iii) the rate of broadband
subscribership for the proposed funded service
area is 40 percent of households or less.''.
SEC. 3. BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM ESTABLISHED UNDER
PUBLIC LAW 111-5.
Section 6001 of Public Law 111-5 is amended--
(1) in subsection (d)(2), by striking ``the end of fiscal
year 2010'' and inserting ``the date that is 2 years after the
date of enactment of the Broadband Program Reauthorization Act
of 2010'';
(2) in subsection (f), by striking ``80 percent'' each
place that term appears and inserting ``75 percent'';
(3) in subsection (h)--
(A) in the matter preceding paragraph (1), by
inserting ``determining eligibility and'' before
``awarding grants'';
(B) in paragraph (2)(D), by striking ``; and'' and
inserting a semicolon;
(C) by adding at the end the following:
``(4) give priority to applications that will expand
broadband opportunities in rural and tribal areas; and
``(5) allow entities that have received waiver authority
from the Federal Communications Commission to use the 763-768/
793-798 MHz (700 MHz) public safety broadband spectrum to apply
for funding.'';
(4) in subsection (i)--
(A) in paragraph (4), by striking ``; and'' and
inserting a semicolon; and
(B) in paragraph (5), by striking the period at the
end and inserting ``, including information related to
options, opportunities, resources, successful public-
private partnerships, funding sources, and tutorials
related to the expansion of broadband infrastructure
and service into rural and tribal areas; and''; and
(5) by adding at the end the following:
``(n) Coordination With FCC National Broadband Plan.--In carrying
out this section, the Assistant Secretary shall coordinate and
harmonize, to the extent possible, its activities with the national
broadband plan developed by the Federal Communications Commission
pursuant to title II of division A of this Act.
``(o) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Assistant Secretary to carry out this section--
``(A) $2,000,000,000 for fiscal year 2011; and
``(B) such sums as may be necessary for each fiscal
year thereafter.
``(2) Administrative expenses.--Of the amounts appropriated
under paragraph (1), not more than 6 percent shall be available
for each fiscal year to pay the administrative expenses to
carry out this section.
``(p) Definitions.--
``(1) In general.--As used in this section:
``(A) Rural area.--
``(i) In general.--The term `rural area'
means any area, as set forth in the most recent
decennial census by the Census Bureau, which is
not located within--
``(I) a city, town, or incorporated
area that has a population of greater
than 20,000 inhabitants; or
``(II) an urbanized area contiguous
and adjacent to a city or town that has
a population of greater than 50,000
inhabitants.
``(ii) Rule of construction.--For purposes
of clause (i)(II), the term `urbanized area'
means a densely populated territory, as defined
in the most recent decennial census by the
Census Bureau.
``(B) Broadband.--The term `broadband' means 2-way
data transmission with advertised speeds of at least
768 kilobytes per second downstream and at least 200
kilobytes per second upstream to end users, or
providing sufficient capacity in a middle mile project
to support the provision of broadband service to end
users.
``(2) Unserved area; underserved area.--For purposes of the
grant program under this section, the Assistant Secretary shall
define--
``(A) the term `unserved area' to mean any area
where at least 90 percent of households in that area
lack access to terrestrial broadband service; and
``(B) the term `underserved area' to mean any
census tract, as determined by the most recent
decennial census by the Census Bureau, where--
``(i) no more than 50 percent of households
in a proposed funded service area have access
to facilities-based, terrestrial broadband
service at greater than 768 kilobytes per
seconds;
``(ii) no broadband provider advertises
broadband transmission speeds of at least 3
megabits per second downstream; or
``(iii) the rate of broadband
subscribership for the proposed funded service
area is 40 percent of households or less.''.
SEC. 4. OFFSETS.
(a) Repeal of Expensing and 60-Month Amortization of Intangible
Drilling Costs.--Subsection (c) of section 263 of the Internal Revenue
Code of 1986 is amended by striking the period at the end of the third
sentence and inserting ``, or to any costs paid or incurred after
December 31, 2010.''.
(b) Repeal of Percentage Depletion for Oil and Gas Wells.--
(1) In general.--Section 613 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Termination of Percentage Depletion for Oil and Gas
Properties.--In the case of oil and gas properties, this section shall
not apply to any taxable year beginning after December 31, 2010.''.
(2) Limitations on percentage depletion in case of oil and
gas wells.--Section 613A of such Code is amended by adding at
the end the following new subsection:
``(f) Termination.--This section shall not apply to any taxable
year beginning after December 31, 2010.''.
(c) Denial of Deduction for Income Attributable to Domestic
Production of Oil, Natural Gas, or Primary Products Thereof.--
(1) 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) the production, refining,
processing, transportation, or distribution of
oil, natural gas, or any primary product
thereof.''.
(2) Primary product.--Section 199(c)(4)(B) of such Code is
amended by adding at the end the following flush sentence:
``For purposes of clause (iv), the term `primary
product' has the same meaning as when used in section
927(a)(2)(C), as in effect before its repeal.''.
(3) Conforming amendments.--
(A) Section 199(c)(4) of such Code is amended--
(i) in subparagraph (A)(i)(III) by striking
``electricity, natural gas,'' and inserting
``electricity'', and
(ii) in subparagraph (B)(ii) by striking
``electricity, natural gas,'' and inserting
``electricity''.
(B) Section 199(d) of such Code is amended by
striking paragraph (9) and by redesignating paragraph
(10) as paragraph (9).
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2010. | Broadband Program Reauthorization Act of 2010 - Amends provisions of the Rural Electrification Act of 1936 concerning access to broadband telecommunications services in rural areas to authorize appropriations to cover the costs of grants, loans, and loan guarantees for broadband infrastructure in any area of the United States. Gives priority in making such grants, loans, and loan guarantees to projects that provide service to the highest proportion of rural residents that do not have access to broadband service and to project applications that will expand broadband opportunities in rural and tribal areas.
Permits, under the Broadband Technology Opportunities Program, entities that have received waiver authority from the Federal Communications Commission (FCC) to use the 763-768/793-798 MHz (700 MHz) public safety broadband spectrum to apply for funding. Authorizes appropriations for such Program.
Amends the Internal Revenue Code to: (1) repeal the expensing and 60-month amortization of intangible drilling costs; (2) repeal percentage depletion for oil and gas properties; and (3) deny the deduction for income attributable to the domestic production of oil, natural gas, or its primary products. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Program Assessment and Results
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) inefficiency and ineffectiveness in Federal programs
undermines the confidence of the American people in the
Government and reduces the Federal Government's ability to
adequately address vital public needs;
(2) insufficient information on program performance
seriously disadvantages Federal managers in their efforts to
improve program efficiency and effectiveness;
(3) congressional policy making, spending decisions, and
program oversight are handicapped by insufficient attention to
program performance and results;
(4) programs performing similar or duplicative functions
that exist within a single agency or across multiple agencies
should be identified and their performance and results shared
among all such programs to improve their performance and
results;
(5) advocates of good government continue to seek ways to
improve accountability, focus on results, and integrate the
performance of programs with decisions about budgets;
(6) with the passage of the Government Performance and
Results Act of 1993, the Congress directed the executive branch
to seek improvements in the effectiveness, efficiency, and
accountability of Federal programs by having agencies focus on
program results; and
(7) the Government Performance and Results Act of 1993
provided a strong framework for the executive branch to monitor
the long-term goals and annual performance of its departments
and agencies.
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to improve the Government Performance and Results Act
of 1993 by implementing a program assessment and evaluation
process that attempts to determine the strengths and weaknesses
of Federal programs with a particular focus on the results
produced by individual programs;
(2) to use the information gathered in the assessment and
evaluation process to build on the groundwork laid in the
Government Performance and Results Act of 1993 to help the
executive branch make informed management decisions and
evidence-based funding requests aimed at achieving positive
results; and
(3) to provide congressional policy makers the information
needed to conduct more effective oversight, to make better-
informed authorization decisions, and to make more evidence-
based spending decisions that achieve positive results for the
American people.
SEC. 4. PROGRAM ASSESSMENT.
(a) Requirement for Program Assessments.--Chapter 11 of title 31,
United States Code, as amended by the Government Performance and
Results Act of 1993, is amended by adding at the end the following new
section:
``Sec. 1120. Program assessment
``(a) Assessment.--The Director of the Office of Management and
Budget to the maximum extent practicable shall conduct, jointly with
agencies of the Federal Government, an assessment of each program at
least once every 5 fiscal years.
``(b) Assessment Requirements.--In conducting an assessment of a
program under subsection (a), the Director of the Office of Management
and Budget and the head of the relevant agency shall--
``(1) coordinate to determine the programs to be assessed;
and
``(2) evaluate the purpose, design, strategic plan,
management, and results of the program, and such other matters
as the Director considers appropriate.
``(c) Criteria for Identifying Programs to Assess.--The Director of
the Office of Management and Budget shall develop criteria for
identifying programs to be assessed each fiscal year. In developing the
criteria, the Director shall take into account the advantages of
assessing during the same fiscal year any programs that are performing
similar functions, have similar purposes, or share common goals, such
as those contained in strategic plans under section 306 of title 5. To
the maximum extent possible, the Director shall assess a representative
sample of Federal spending each fiscal year.
``(d) Criteria for More Frequent Assessments.--The Director of the
Office of Management and Budget shall make every effort to assess
programs more frequently than required under subsection (a) in cases in
which programs are determined to be of higher priority, special
circumstances exist, improvements have been made, or the head of the
relevant agency and the Director determine that more frequent
assessment is warranted.
``(e) Publication.--At least 90 days before completing the
assessments under this section to be conducted during a fiscal year,
the Director of the Office of Management and Budget shall--
``(1) make available in electronic form through the Office
of Management and Budget website or any successor website, and
provide to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of
the Senate--
``(A) a list of the programs to be assessed during
that fiscal year; and
``(B) the criteria that will be used to assess the
programs; and
``(2) provide a mechanism for interested persons to comment
on the programs being assessed and the criteria that will be
used to assess the programs.
``(f) Report.--(1) The results of the assessments conducted during
a fiscal year shall be submitted in a report to Congress at the same
time that the President submits the next budget under section 1105 of
this title after the end of that fiscal year.
``(2) The report shall--
``(A) include the performance goals for each program
assessment;
``(B) specify the criteria used for each assessment;
``(C) describe the results of each assessment, including
any significant limitation in the assessments;
``(D) describe significant modifications to the Federal
Government performance plan required under section 1105(a)(28)
of this title made as a result of the assessments; and
``(E) be available in electronic form through the Office of
Management and Budget website or any successor website.
``(g) Classified Information.--(1) With respect to program
assessments conducted during a fiscal year that contain classified
information, the President shall submit on the same date as the report
is submitted under subsection (f)--
``(A) a copy of each such assessment (including the
classified information), to the appropriate committees of
jurisdiction of the House of Representatives and the Senate;
and
``(B) consistent with statutory law governing the
disclosure of classified information, an appendix containing a
list of each such assessment and the committees to which a copy
of the assessment was submitted under subparagraph (A), to the
Committee on Government Reform of the House of Representatives
and the Committee on Governmental Affairs of the Senate.
``(2) Upon request from the Committee on Government Reform of the
House of Representatives or the Committee on Governmental Affairs of
the Senate, the Director of the Office of Management and Budget shall,
consistent with statutory law governing the disclosure of classified
information, provide to the Committee a copy of--
``(A) any assessment described in subparagraph (A) of
paragraph (1) (including any assessment not listed in any
appendix submitted under subparagraph (B) of such paragraph);
and
``(B) any appendix described in subparagraph (B) of
paragraph (1).
``(3) In this subsection, the term `classified information' refers
to matters described in section 552(b)(1)(A) of title 5.
``(h) Inherently Governmental Functions.--The functions and
activities authorized or required by this section shall be considered
inherently Governmental functions and shall be performed only by
Federal employees.
``(i) Termination.--This section shall not be in effect after
September 30, 2013.''.
(b) Guidance.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall prescribe guidance to implement the requirements of
section 1120 of title 31, United States Code, as added by subsection
(a), including guidance on a definition of the term ``program''.
(c) Conforming and Clerical Amendments.--
(1) Section 1115(g) of title 31, United States Code, is
amended by striking ``1119'' and inserting ``1120''.
(2) The table of sections at the beginning of chapter 11 of
title 31, United States Code, is amended by adding at the end
the following:
``1120. Program assessment.''.
SEC. 5. STRATEGIC PLANNING AMENDMENTS.
(a) Change in Deadline for Strategic Plan.--Subsection (a) of
section 306 of title 5, United States Code, is amended by striking ``No
later than September 30, 1997,'' and inserting ``Not later than
September 30 of each year following a year in which an election for
President occurs, beginning with September 30, 2005,''.
(b) Change in Period of Coverage of Strategic Plan.--Subsection (b)
of section 306 of title 5, United States Code, is amended to read as
follows:
``(b) Each strategic plan shall cover the 4-year period beginning
on October 1 of the year following a year in which an election for
President occurs.''. | Program Assessment and Results Act - Amends the Federal law provisions concerning the budget and fiscal, budget, and program information to require the Director of the Office of Management and Budget to assess, jointly with Federal agencies, each program of such agencies at least once every five fiscal years. Instructs the Director to develop criteria for identifying programs to be assessed each fiscal year.
Requires the results of such assessments to be submitted in a report to Congress at the same time the President submits the next Federal budget.
Sunsets the above provisions after September 30, 2013.
Requires the head of each agency to submit to the Director of the Office of Management and Budget and to the Congress a strategic plan for program activities not later than September 30 of each year following a year in which an election for President occurs, beginning September 30, 2005. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commitment to American Prosperity
Act of 2011'' or the ``CAP Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) This Act is authorized by the United States
Constitution under clause 1 of section 8 of article I, relating
to the power of the Congress to tax and spend.
(2) Should an amendment to the United States Constitution
be adopted and ratified by the States setting a lower
limitation on outlays than provided in this Act, it is
appropriate for Congress to consider legislation immediately
modifying maximum outlay amounts in this Act.
(3) Total Federal outlays have averaged 20.6 percent of
gross domestic product over the past 40 years.
(4) Total Federal outlays in fiscal year 2010 were 23.8
percent of gross domestic product.
(5) Total Federal outlays in fiscal year 2020 are projected
to be 25.9 percent of gross domestic product according to the
Congressional Budget Office's Alternative Fiscal Scenario.
(6) It is appropriate and necessary to put total Federal
outlays under a limitation, as a percent of gross domestic
product, such that a downward glide path ultimately brings
spending in line with historical norms.
SEC. 3. OUTLAYS EXCEEDING THE GDP OUTLAY LIMIT.
(a) Definitions.--Section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking paragraph
(4), redesignating the succeeding paragraphs accordingly, and adding
the following paragraphs:
``(19) The term `GDP', for any fiscal year, means the gross
domestic product during such fiscal year consistent with
Department of Commerce definitions.
``(20)(A) The term `emergency requirement' means any
provision that provides new budget authority and resulting
outlays for a situation that poses a threat to life, property,
or national security and is--
``(i) sudden, quickly coming into being, and not
building up over time;
``(ii) an urgent, pressing, and compelling need
requiring immediate action;
``(iii) unforeseen, unpredictable, and
unanticipated; and
``(iv) not permanent, temporary in nature.
``(B) An emergency that is part of an aggregate level of
anticipated emergencies, particularly when normally estimated
in advance, is not unforeseen.
``(21) The term `target fiscal year' means the fiscal year
in which a GDP outlay limit is in effect under section 253A.''.
(b) Caps.--The Balanced Budget and Emergency Deficit Control Act of
1985 is amended by inserting after section 253 the following:
``SEC. 253A. ENFORCING GDP OUTLAY LIMITS.
``(a) Enforcing GDP Outlay Limits.--In this section, the term `GDP
outlay limit' means an amount, as estimated by OMB, equal to--
``(1) the average GDP for the first 3 of the 4 fiscal years
preceding the target fiscal year (fiscal year 2009, fiscal year
2010 and fiscal year 2011 for target year fiscal year 2013, and
so on); multiplied by
``(2)(A) 25 percent for fiscal year 2013; and
``(B) for fiscal years 2014 through 2022, 25 percent minus
0.1711 percent accumulating for each fiscal year (25 percent
minus .1711 percent in fiscal year 2014, 25 percent minus .3422
percent in fiscal year 2015, and so on).
``(b) GDP Outlay Limit and Outlays.--
``(1) Determining the gdp outlay limit.--The Office of
Management and Budget shall estimate the GDP outlay limit for
the target fiscal year at the outset of the previous fiscal
year, on April 30, on August 20, and 15 days after the
conclusion of the fiscal year. CBO shall provide advisory
reports calculating the GDP outlay limit at identical times.
``(2) Total federal outlays.--In this section, total
Federal outlays shall include all on-budget and off-budget
outlays.
``(c) Sequestration.--
``(1) In general.--
``(A) Excess spending.--Not later than 45 calendar
days after the beginning of a fiscal year, OMB shall
conduct a sequestration to eliminate the excess outlay
amount.
``(B) Definition.--For purposes of this subsection,
the term `excess outlay amount' means the amount by
which total Federal outlays for a fiscal year exceed
the GDP outlay limit as adjusted pursuant to paragraph
(2).
``(2) Preview report.--CBO shall submit an advisory
sequestration preview report as described in section 254(c)(4)
on August 10 of each year. OMB shall produce an sequestration
preview report on August 20 as described in section 254(c)(4).
Fifteen days after the fiscal year begins, OMB shall issue an
updated sequestration report as described in section 254(e).
Thirty days later, the OMB should issue its final sequestration
report as described in section 254(f)(3). It shall be
accompanied by a Presidential order detailing the uniform
spending reductions. The reductions should generally follow the
process set forth in section 253 and 254, except as provided in
this section.
``(3) Congressional action.--If the August 20 OMB report
projects a sequestration, the Senate and House Budget
Committees may report a resolution directing their committees
to change the existing law to achieve the goals outlined in the
August 20 report.
``(4) Reducing nonexempt budgetary resources by a
proportional percentage.--
``(A) Calculation.--OMB shall calculate the
increase in outlays attributable to each of the 3
categories described in subparagraph (B) such that the
outlay savings resulting from sequestration, as
calculated under this subsection, eliminate excess
outlays.
``(B) Categories.--The 3 categories are as follows:
``(i) Direct spending (Social Security,
Medicare, and other such programs).
``(ii) Discretionary security spending.
``(iii) Discretionary non-security
spending.
``(C) Reductions proportional.--The percentage
reductions for each category described in subparagraph
(B) shall be in proportion to the growth in outlays in
such category from the previous fiscal year.
``(D) Uniform reduction within categories.--To
achieve the percent reduction within a category under
subparagraph (C), a uniform reduction will occur across
all programs within that category to achieve the
percent reduction required for that category.
``(E) Pro rata basis.--If legislation funding the
Government does not reflect funding amounts for the
entire fiscal year, sequestration required by this
section shall be done on a pro rata basis. If
legislation funding the Government for the remainder of
a fiscal year is enacted, the total sequestration
required in a fiscal year shall total the necessary
level which may be undertaken in a single step or in a
sequence of steps.
``(d) Exceptions.--Total Federal outlays may exceed the GDP outlay
limit if during the fiscal year the excess amount is being paid to
reduce the public debt or the public debt is zero.
``(e) No Exempt Programs.--Section 255 shall not apply to this
section, except that payments for net interest (budget function 900)
shall be exempt.
``(f) Look Back.--If, after November 15, a bill resulting in
outlays for the fiscal year in progress is enacted that causes excess
outlays, the excess outlays for the next fiscal year shall be increased
by the amount or amounts of that breach.''.
(c) BBEDCA.--Notwithstanding section 275 of the Balanced Budget and
Emergency Deficit Control Act of 1985, the relevant provisions of such
Act shall apply to the extent necessary to enforce this Act, including
amendments made by this Act.
(d) Effective Date.--This section shall apply beginning in fiscal
year 2013 and beyond, including any reports and calculations required
for implementation in fiscal year 2013.
SEC. 4. ENFORCEMENT PROCEDURES UNDER THE CONGRESSIONAL BUDGET ACT OF
1974.
(a) Enforcement.--Title III of the Congressional Budget Act of 1974
is amended by adding after section 315 the following:
``SEC. 316. ENFORCEMENT PROCEDURES.
``(a) GDP Outlay Limits.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, or conference report that includes any provision that would
cause the most recently reported, current GDP outlay limits set forth
in section 253A of the Balanced Budget and Emergency Deficit Control
Act of 1985 to be exceeded.
``(b) Waiver or Suspension.--
``(1) In the senate.--The provisions of this section may be
waived or suspended in the Senate only by the affirmative vote
of two-thirds of the Members, present and voting.
``(2) In the house.--The provisions of this section may be
waived or suspended in the House of Representatives only by a
rule or order proposing only to waive such provisions by an
affirmative vote of two-thirds of the Members, present and
voting.
``(c) Point of Order Protection.--In the House, it shall not be in
order to consider a rule or order that waives the application of
paragraph (2) of subsection (b).
``(d) Motion To Suspend.--It shall not be in order for the Speaker
to entertain a motion to suspend the application of this section under
clause 1 of rule XV.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Congressional Budget and Impoundment Control Act of 1974 is amended
by inserting after the item relating to section 315 the following:
``Sec. 316. Enforcement procedures.''. | Commitment to American Prosperity Act of 2011 or CAP Act of 2011 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require: (1) the Office of Management and Budget (OMB) to estimate the Gross Domestic Product (GDP) outlay limit for the target fiscal year at the outset of the previous fiscal year, on April 30, on August 20, and 15 days after the conclusion of the fiscal year; (2) the Congressional Budget Office (CBO) to provide advisory reports calculating the GDP outlay limit at identical times; and (3) a sequestration by OMB within 45 calendar days after the beginning of a fiscal year to eliminate the excess outlay amount.
Prescribes requirements for CBO and OMB advisory sequestration preview reports and an OMB final sequestration report, accompanied by a presidential order detailing the uniform spending reduction.
Requires the House and the Senate budget committees to report a resolution directing their committees to change the existing law to achieve the goals outlined in the OMB August 20 report if it projects a sequestration.
Allows total federal outlays to exceed the GDP outlay limit if during the fiscal year the excess amount is being paid to reduce the public debt or the public debt is zero.
States that if, after November 15, a bill resulting in outlays for the current fiscal year is enacted that causes excess outlays, the excess outlays for the next fiscal year shall be increased by the amount or amounts of that breach.
Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported current GDP outlay limits in the Gramm-Rudman-Hollings Act to be exceeded. Prescribes procedures for waiver or suspension of this rule. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Assistance Authorization Act
of 2007''.
SEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS.
None of the amounts authorized by this Act may be used to lobby, or
retain a lobbyist, for the purpose of influencing a Federal, State, or
local governmental entity or officer.
SEC. 3. ASSISTANCE FOR THE NATIONAL URBAN LEAGUE.
(a) Use.--The Secretary of Housing and Urban Development may make a
grant to the National Urban League for the purpose of providing
technical and financial assistance to local non-profit organizations to
undertake community development and affordable housing projects and
programs serving low- and moderate-income households, particularly
through organizations located in neighborhoods with substantial
populations of African American income-disadvantaged households.
Assistance provided by the Secretary under this section may be used by
National Urban League to--
(1) provide technical and financial assistance for site
acquisition and development, construction financing, and short-
and long-term financing for housing, community facilities, and
economic development;
(2) leverage capital from private entities, including
private financial institutions, insurance companies, and
private philanthropic organizations;
(3) provide technical assistance, training, support, and
advice to develop the management, financial, and administrative
capabilities of housing development organizations serving low-
income households, including African American households; and
(4) conduct such other activities as may be determined by
the Secretary and the National Urban League.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section--
(1) $5,000,000 for fiscal year 2008; and
(2) $10,000,000 for each of fiscal years 2009 and 2010.
SEC. 4. ASSISTANCE FOR RAZA DEVELOPMENT FUND.
(a) Use.--The Secretary of Housing and Urban Development may make a
grant to the Raza Development Fund for the purpose of providing
technical and financial assistance to local non-profit organizations to
undertake community development and affordable housing projects and
programs serving low- and moderate-income households, particularly
through organizations located in neighborhoods with substantial
populations of income-disadvantaged households of Hispanic origin.
Assistance provided by the Secretary under this section may be used by
the Raza Development Fund to--
(1) provide technical and financial assistance for site
acquisition and development, construction financing, and short-
and long-term financing for housing, community facilities, and
economic development;
(2) leverage capital from private entities, including
private financial institutions, insurance companies, and
private philanthropic organizations;
(3) provide technical assistance, training, support, and
advice to develop the management, financial, and administrative
capabilities of housing development organizations serving low-
income households, including Hispanic households; and
(4) conduct such other activities as may be determined by
the Secretary and the Raza Development Fund.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section--
(1) $5,000,000 for fiscal year 2008; and
(2) $10,000,000 for each of fiscal years 2009 and 2010.
SEC. 5. ASSISTANCE FOR THE HOUSING PARTNERSHIP NETWORK.
(a) Use.--The Secretary of Housing and Urban Development may make a
grant to the Housing Partnership Network (in this section referred to
as the ``Network'') for the purpose of creating, sustaining, and
improving access to affordable housing and community facilities that
benefit very low-, low-, and moderate-income households and
communities. Assistance provided by the Secretary under this section
may be used by the Network to--
(1) make investments, loans, and grants to its member
nonprofits that demonstrate expertise in using such funds to
leverage additional private capital to build, operate, finance,
and sustain affordable housing and related community
development facilities;
(2) make investments in entities sponsored by the Network
with the intent to leverage additional private capital for the
purpose of furthering the production capacity, sustainability,
or efficiency of its members;
(3) pay for the necessary and reasonable expenses of the
Network to administer and oversee such investments, including
the cost of underwriting, managing the assets of the Network,
and reporting to the Secretary and other capital providers,
provided however, that such expenses do not exceed 6 percent of
any amounts made available pursuant to subsection (b); and
(4) conduct such other activities as may be determined by
the Secretary and the Network.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section--
(1) $5,000,000 for fiscal year 2008; and
(2) $10,000,000 for each of fiscal years 2009 and 2010.
SEC. 6. ASSISTANCE FOR NATIONAL COMMUNITY RENAISSANCE.
(a) Use.--The Secretary of Housing and Urban Development may make a
grant to the National Community Renaissance Program (hereafter in this
section referred to as ``National Core'') to undertake affordable
housing projects that benefit very low-, low- and moderate-income
households. Assistance provided by the Secretary under this section may
be used by National CORE--
(1) for site acquisition, rehabilitation, and preservation
of affordable multifamily housing units, including development,
construction financing, and short- and long-term financing for
housing, community facilities, and economic development;
(2) to leverage capital from private entities, including
private financial institutions, insurance companies, and
private philanthropic organizations in amounts not less than $3
for every $1 authorized in this section; and
(3) conduct such other activities as may be determined by
the Secretary and National CORE.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
(1) $5,000,000 for fiscal year 2008; and
(2) $10,000,000 for each of fiscal years 2009 and 2010.
SEC. 7. AUDITS AND REPORTS.
(a) Audit.--In any year in which an entity or organization
described under either section 3, 4, or 5 receives funds under this
Act, the Comptroller General of the United States shall--
(1) audit the financial transactions and activities of such
entity or organization only with respect to such funds so
received; and
(2) submit a report detailing such audit to the Committee
on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(b) GAO Report.--The Comptroller General of the United States shall
conduct a study and submit a report to the Committee on Financial
Services of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on the use of any funds
appropriated to an entity or organization described under either
section 3, 4, or 5 over the past 10 years.
SEC. 8. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES.
None of the funds made available under this Act may be used to
provide direct housing assistance to any person not lawfully present in
the United States. | Housing Assistance Authorization Act of 2007 - Authorizes the Secretary of Housing and Urban Development (HUD) to make a grant to the National Urban League to provide technical and financial assistance to local non-profit organizations to undertake community development and affordable housing projects and programs serving low- and moderate-income households, particularly through organizations located in neighborhoods with substantial populations of African American income-disadvantaged households.
Authorizes the Secretary also to make a grant to the Raza Development Fund to provide technical and financial assistance to local nonprofit organizations to undertake similar projects and programs serving low- and moderate-income households, particularly through organizations in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin.
Authorizes the Secretary to make a grant to the Housing Partnership Network to create, sustain, and improve access to affordable housing and community facilities benefiting very low-, low-, and moderate-income households and communities.
Authorizes the Secretary to make a grant to the National Community Renaissance Program to undertake affordable housing projects benefitting very low-, low-, and moderate-income households. | billsum_train |
Make a summary of the following text: SECTION 1. PURPOSE.
It is the purpose of this Act to increase global stability and
security for the United States and the international community and
decrease trafficking and discrimination by reducing the number of
individuals who are de jure or de facto stateless and as a consequence
are unable to avail themselves of their right to a nationality and its
concomitant rights and obligations and are excluded from full
participation in civil society.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Article 15 of the Universal Declaration of Human Rights
offers everyone the right to a nationality.
(2) The right to a nationality is a foundation of human
rights, and a deterrent to displacement and disaffection. The
state is the primary vehicle through which individuals are
guaranteed their inalienable rights and are made subject to the
rule of law. Regional stability and security are undermined
when individuals cannot avail themselves of their right to a
nationality and its concomitant rights and obligations and are
excluded from full participation in civil society.
(3) In the aftermath of World War II, millions of people
were displaced and arbitrarily deprived of their nationalities
and their protection of citizenship. In the 21st century, the
adverse effects of de jure or de facto statelessness still
impact at least an estimated 11,000,000 million people
worldwide and require a strong commitment by the international
community to address this serious issue.
(4) The lack of citizenship or the inability to document
one's ties to a state often results in severe hardships and
discrimination, particularly the inability to pursue lawful
employment and a sustainable livelihood, own property, or enjoy
legally protected family bonds and increases the likelihood
that such persons may fall victim to traffickers and organized
criminal groups who prey on the vulnerability of unprotected de
jure or de facto stateless persons. The Department of State's
Trafficking in Persons Report for 2008 noted that stateless
victims of trafficking face difficulties in repatriating and in
accessing critical medical, social, or legal services and
called on the international community to give greater attention
to birth registration and the provision of more effective and
accessible avenues for the acquisition of legal residency or
citizenship.
(5) Regional security is enhanced when States effectively
respect the right of nationality, as this right ensures the
availability of peaceful means of recourse to address
grievances and claims, including through national, regional, or
international court systems.
(6) Countries have the sovereign right to determine
procedures and conditions for acquisition and termination of
citizenship, and exercise of this right should be linked to the
responsibility of preventing de jure and de facto statelessness
and the respect for other universal principles of human rights,
in particular the universal antidiscrimination norm.
(7) The 1954 Convention Relating to the Status of Stateless
Persons and the 1961 Convention on the Reduction of
Statelessness were adopted to regulate the legal status and
treatment of individuals who are de jure or de facto stateless
and to prevent de jure and de facto statelessness.
(8) At least an estimated 11,000,000 individuals worldwide
currently are unable to avail themselves of any effective
nationality or cannot fully access their rights as citizens and
obtain protection from a country.
(9) De jure or de facto statelessness can result from
factors including political change, targeted persecution or
discrimination, transfers of territory, adoption of restrictive
laws relating to marriage, place or registration of birth, or
incongruous national citizenship laws.
(10) Individuals who are de jure or de facto stateless are
unable to avail themselves of the rights of free people
everywhere to an effective nationality, to the rights to legal
residence, to travel, to work in the formal economy or
professions, to attend school, to access basic health services,
to purchase or own property, to vote, or to hold elected
office, and to enjoy the protection and security of a country.
(11) Article 24 of the International Covenant on Civil and
Political Rights provides that every child shall be registered
at birth and that every child has the right to acquire a
nationality.
(12) UNICEF leads the efforts with governments,
particularly in the developing world, to promote universal,
accessible registration and documentation of all births but is
hard pressed to find the needed human and financial resources
necessary to encourage widespread implementation of needed
reforms.
(13) Article 9(2) of the Convention on the Elimination of
Discrimination Against Women grants women equal rights with men
with respect to transmitting the nationality of their children.
(14) The Office of the United Nations High Commissioner for
Refugees (UNHCR) has been given the mandate by the
international community to work to prevent de jure and de facto
statelessness and to identify, protect, and find remedies for
individuals now considered de jure or de facto stateless.
(15) The UNHCR lacks sufficient resources to undertake this
important work in a systematic and comprehensive manner to
identify, protect, and find timely solutions for the millions
of individuals who are de jure or de facto stateless.
SEC. 3. THE UNITED NATIONS.
(a) Policy.--It shall be the policy of the United States that the
President and the Permanent Representative of the United States to the
United Nations work with the international community to increase
political and financial support for the work of the UNHCR to prevent
and resolve problems related to de jure and de facto statelessness, and
to promote the rights of the de jure or de facto stateless, by taking
these and other actions:
(1) Increasing the attention of the United Nations and the
UNHCR to de jure and de facto statelessness and increasing its
capacity to reduce statelessness around the world by
coordinating the mainstreaming of de jure and de facto
statelessness into all of the United Nations human rights work,
in cooperation with all relevant United Nations agencies.
(2) Urging United Nations country teams in countries with
significant de jure or de facto stateless populations to devote
increasing attention and resources to undertake coordinated
efforts by all United Nations offices, funds, and programs to
bring about the full registration and documentation of all
persons resident in the territory of each country, either as
citizens or as individuals in need of international protection.
(3) Urging the creation of an Inter-Agency Task Force on
Statelessness with representation from UNHCR, UNICEF and other
relevant United Nations agencies that will coordinate to
increase agency awareness and information exchange on de jure
and de facto statelessness to ensure a consistent and
comprehensive approach to the identification of stateless
groups and individuals and resolution of their status.
(4) Urging that nationality and de jure and de facto
statelessness issues are addressed in all country reviews
conducted by United Nations treaty bodies and relevant special
mechanisms engaged in country visits, and pursuing creation of
a standing mechanism within the United Nations to complement
the work of UNHCR in addressing issues of de jure and de facto
statelessness that give rise to urgent human rights or security
concerns.
(5) Urging the UNHCHR to include nationality and
statelessness in all country-specific and thematic monitoring,
reporting, training, and protection activities, and across
special procedures, and to designate at least one human rights
officer to monitor, report, and coordinate the office's
advocacy on nationality and de jure and de facto statelessness.
(6) Urging the United Nations to ensure that its work on
trafficking includes measures to restore secure citizenship to
trafficked women and girls, and to work with Member States to
guarantee that national legislation gives women full and equal
rights regarding citizenship.
(7) Urging the United Nations to increase its capacity to
respond to the needs of de jure or de facto stateless
individuals, particularly children, and to strengthen and
expand the United Nations protection and assistance activities,
particularly in field operations, to better respond to the wide
range of protection and assistance needs of de jure or de facto
stateless individuals.
(8) Urging the UNICEF to increase its efforts to encourage
all Member States of the United Nations to permit full and easy
access to birth registration for all children born in their
territories, particularly in Member States in which there are
displaced populations, and work with the UNHCR and Member
States to ensure the issuance of birth certificates to all
children born to refugees and displaced persons.
(b) Authorization of Appropriations.--In addition to regular United
States contributions to the UNHCR, there is authorized to be
appropriated not less than $5,000,000 for fiscal year 2009 and each
subsequent fiscal year to be made available to improve the UNHCR's
assistance to de jure or de facto stateless individuals. Such funds may
be used to--
(1) protect the rights, meet emergency humanitarian needs,
and provide assistance to de jure or de facto stateless groups
and individuals;
(2) provide additional resources to--
(A) increase the number of protection officers;
(B) increase the number of professional staff in
the statelessness unit; and
(C) train protection officers and United Nations
country teams in the field to identify, reduce,
protect, and prevent de jure and de facto
statelessness;
(3) improve identification of de jure or de facto stateless
groups and individuals by carrying out a comprehensive annual
study of the scope of de jure and de facto statelessness
worldwide, including causes of de jure and de facto
statelessness and dissemination of best practices for remedying
de jure and de facto statelessness; and
(4) increase the United Nations educational and technical
assistance programs to prevent de jure and de facto
statelessness, including outreach to Member States and their
legislatures, with particular emphasis on those countries
determined to have protracted de jure or de facto statelessness
situations.
(c) Authorization of Appropriations to the UNICEF.--In addition to
regular United States contributions to the UNICEF, there is authorized
to be appropriated $3,000,000 for fiscal year 2009 and each subsequent
fiscal year be made available to augment to the UNICEF's ability to aid
countries with significant de jure or de facto stateless populations to
bring about the full registration of all children born to de jure or de
facto stateless parents.
SEC. 4. THE UNITED STATES.
(a) Foreign Policy.--Given the importance of obtaining and
preserving nationality and the protection of a government, and of
preventing the exploitation or trafficking of de jure or de facto
stateless groups or individuals, the President shall make the
prevention and reduction of de jure or de facto statelessness an
important goal of United States foreign policy and human rights
efforts. Such efforts shall include--
(1) calling upon host countries to protect and assume
responsibility for de jure or de facto stateless groups or
individuals;
(2) working with countries of origin to facilitate the
resolution of problems faced by de jure or de facto stateless
groups or individuals;
(3) working with countries of origin and host countries to
facilitate the resolution of disputes and conflicts that cause
or result in the creation of de jure or de facto statelessness;
(4) encouraging host countries to afford de jure or de
facto stateless groups or individuals the full protection of
the 1954 Convention Relating to the Status of Stateless Persons
and the 1961 Convention on the Reduction of Statelessness and
all relevant international conventions;
(5) directing the Secretary of State to provide assistance
to countries to prevent and resolve situations of de jure or de
facto statelessness and to prevent the trafficking or
exploitation of de jure or de facto stateless individuals;
(6) directing the Office of Trafficking in Persons of the
Department of State to continue to document and analyze the
effects of statelessness on trafficking in persons, both as a
cause of trafficking and as an obstacle to reaching and
assisting trafficked persons; and
(7) encouraging and facilitating the work of
nongovernmental organizations in the United States and abroad
that provide legal and humanitarian support to de jure or de
facto stateless groups or individuals, to increase the access
of de jure or de facto stateless groups or individuals to such
organizations, and to encourage other governments to provide
similar support and access.
(b) Domestic Policy.--
(1) In general.--Given the importance of preventing new
instances of de jure or de facto statelessness and the
trafficking of de jure or de facto stateless individuals, and
of protecting the human rights of de jure or de facto stateless
individuals, the President shall submit to the Committee on
Foreign Affairs and the Committee on the Judiciary of the House
of Representatives and the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate a report that
includes the following:
(A) A detailed explanation of what changes, if any,
to United States law would have to occur should the
United States wish to comply with the terms of the 1954
Convention Relating to the Status of Stateless Persons
or the 1961 Convention on the Reduction of
Statelessness.
(B) Information on de jure or de facto stateless
individuals in the United States, or under the
jurisdiction of the United States, and their
conditions. Such information should, with respect to
such individuals, include information relating to their
places of birth, causes of de jure or de facto
statelessness, nationalities at birth, descriptions of
family conditions, and descriptions of available
assistance.
(C) Descriptions of Federal policies and programs
relating to de jure or de facto stateless individuals
in the United States or under United States
jurisdiction, including recognition of status,
documentation requirements, assistance, and detention.
(D) A list of countries and territories with
significant de jure or de facto stateless populations
under their jurisdictions and the conditions and
consequences of such de jure or de facto statelessness
of such individuals.
(E) United States international efforts to prevent
further de jure or de facto statelessness and encourage
the granting of full legal protection of the human
rights of de jure or de facto stateless individuals.
(2) Statement of policy.--It shall be the policy of the
United States to comply with the principles and provisions of
the 1954 Convention Relating to the Status of Stateless Persons
and the 1961 Convention on the Reduction of Statelessness to
the fullest extent possible and to encourage other countries to
do so as well.
(3) Actions by secretary of state.--
(A) Increase in resources and staff.--The Secretary
of State shall permanently increase in the Bureau of
Population, Refugees, and Migration in the Department
of State the resources dedicated to and staff assigned
to work toward the prevention and resolution of de jure
and de facto statelessness and the protection of de
jure or de facto stateless individuals.
(B) Coordination.--To coordinate United States
policies toward combating de jure and de facto
statelessness, the Secretary of State shall establish
an Interagency Working Group to Combat Statelessness.
This working group should include representatives of
the Bureau of Population, Refugees and Migration, the
Bureau of International Organizations, the Bureau of
Democracy, Human Rights and Labor, the Office of
Trafficking in Persons of the Department of State, and
the United States Agency for International Development,
as well as representatives from relevant offices of the
Department of Justice and relevant offices of the
Department of Homeland Security.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this subsection. | States that: (1) it shall be U.S. policy that the President and the Permanent Representative of the United States to the United Nations work with the international community to increase political and financial support for the Office of the United Nations High Commissioner for Refugees (UNHCR) to prevent and resolve problems related to de jure and de facto statelessness and to promote the rights of de jure or de facto stateless persons; (2) the President shall make prevention and reduction of de jure or de facto statelessness an important goal of U.S. foreign policy and human rights efforts; and (3) it shall be U.S. policy to comply with the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
Directs the Secretary of State to increase staff and resources in the Bureau of Population, Refugees, and Migration to work toward the prevention and resolution of de jure and de facto statelessness and the protection of de jure or de facto stateless persons. | billsum_train |
Create a summary of the following text: SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 1994''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Project authorizations.
Sec. 4. Project modifications.
Sec. 5. Cost-sharing of environmental projects.
Sec. 6. Recovery of costs for clean up of hazardous or toxic
substances.
Sec. 7. Collaborative research and development.
Sec. 8. National inventory of dams.
Sec. 9. Hydroelectric power project uprating.
Sec. 10. Engineering and environmental innovations of national
significance.
Sec. 11. Federal lump-sum payments for federal operation and
maintenance costs.
Sec. 12. Cost-sharing for removal of existing project features.
Sec. 13. Technical advisory committee.
Sec. 14. Technical corrections.
Sec. 15. Project deauthorizations.
Sec. 16. Contract goals for small disadvantaged business concerns and
historically black colleges and
universities or minority institutions.
Sec. 17. Cost-sharing for dam safety work.
Sec. 18. Revocation of section 211, River and Harbor Act of 1950.
Sec. 19. Research and development in support of Army Civil Works
Program.
Sec. 20. Interagency and international support authority.
Sec. 21. Expansion of section 1135 program.
Sec. 22. Regulatory program fund.
SEC. 2. DEFINITIONS.
For purposes of this Act, the term ``Secretary'' means the
Secretary of the Army.
SEC. 3. PROJECT AUTHORIZATIONS.
[RESERVED]
SEC. 4. PROJECT MODIFICATIONS.
[RESERVED]
SEC. 5. COST-SHARING OF ENVIRONMENTAL PROJECTS.
Section 103(c) of the Water Resources Development Act of 1986 (100
Stat. 4085) is amended by adding the following new subsection:
``(7) environmental protection and restoration: 25
percent.''.
SEC. 6. RECOVERY OF COSTS FOR CLEAN UP OF HAZARDOUS OR TOXIC
SUBSTANCES.
Amounts recovered under section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) for any response action taken by the Secretary in support
of the Army Civil Works Program shall be credited to the appropriate
trust fund account from which the cost of such response action has been
paid or will be charged.
SEC. 7. COLLABORATIVE RESEARCH AND DEVELOPMENT.
Section 7 of the Water Resources Development Act of 1988 (102 Stat.
4022) is amended by--
(1) redesignating subsections (b), (c) and (d) as
paragraphs (1), (2) and (3);
(2) deleting subsection (e); and,
(3) adding the following new subsection:
``(b) Pre-agreement Temporary Protection of Technology.--If the
Secretary determines that information developed as a result of research
and development activities conducted by the Corps of Engineers is
likely to be subject to a cooperative research and development
agreement within 2 years of its development and that such information
would be a trade secret or commercial or financial information that
would be privileged or confidential if the information had been
obtained from a non-Federal party participating in a cooperative
research and development agreement under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980, the Secretary may provide
appropriate protection against the dissemination of such information,
including exemption from subchapter II of chapter 5 of title 5, United
States Code, until the earlier of the date the Secretary enters into
such an agreement with respect to such information or the last day of
the 2-year period beginning on the date of such determination. Any
information covered by this subsection which becomes the subject of a
cooperative research and development agreement shall be accorded the
protection provided under 15 U.S.C. 3710a(c)(7)(B) as if such
information had been developed under a cooperative research and
development agreement.''.
SEC. 8. NATIONAL INVENTORY OF DAMS.
Section 13 of Public Law 92-367, 33 U.S.C. 467l, is amended by
striking the second sentence in its entirety and replacing it with the
following: ``There is authorized to be appropriated up to $500,000 each
fiscal year for the purpose of carrying out this section.''.
SEC. 9. HYDROELECTRIC POWER PROJECT UPRATING.
(a) In accomplishing the maintenance, rehabilitation, and
modernization of hydroelectric power generating facilities at water
resources projects under the justification of the Department of the
Army, the Secretary is authorized to increase the efficiency of energy
production and the capacity of these facilities if, after consulting
with other appropriate Federal and State agencies, the Secretary
determines that such uprating--
(1) is economically justified and financially feasible;
(2) will not result in significant adverse effects on the
other purposes for which the project is authorized;
(3) will not result in significant adverse environmental
impacts; and
(4) will not involve major structural or operation changes
in the project.
(b) This section does not affect the authority of the Secretary and
the Administrator of the Bonneville Power Administration under section
2406 of the Energy Policy Act of 1992 (16 U.S.C. 839d-1).
SEC. 10. ENGINEERING AND ENVIRONMENTAL INNOVATIONS OF NATIONAL
SIGNIFICANCE.
To encourage innovative and environmentally sound engineering
solutions and innovative environmental solutions to problems of
national significance, the Secretary may undertake surveys, plans, and
studies and prepare reports which may lead to work under existing civil
works authorities or to recommendations for authorizations. There is
authorized to be appropriated up to $3,000,000 each fiscal year for the
purpose of carrying out this section. The Secretary may also accept and
expend additional funds from other Federal agencies, States, or non-
Federal entities for purposes of carrying out this section.
SEC. 11. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL OPERATION AND
MAINTENANCE COSTS.
(a) At a water resources project where the non-Federal interest is
responsible for performing the operation, maintenance, replacement, and
rehabilitation of the project and the Federal Government is responsible
for paying a portion of the operation, maintenance, replacement, and
rehabilitation costs, the Secretary may provide, under terms and
conditions acceptable to the Secretary, a payment of the estimated
total Federal share of such costs to the non-Federal interest after
completion of construction of the project or a separable element
thereof.
(b) The amount to be paid shall be equal to the present value of
the Federal payments over the life of the project, as estimated by the
Government, and shall be computed using an interest rate determined by
the Secretary of the Treasury taking into consideration current market
yields on outstanding marketable obligations of the United States with
maturities comparable to the remaining life of the project.
(c) The Secretary may make a payment under this section only if the
non-Federal interest has entered into a binding agreement with the
Secretary to perform the operation, maintenance, replacement, and
rehabilitation of the project or separable element. The agreement must
be in accordance with the requirements of section 221 of the Flood
Control Act of 1970 (84 Stat. 1818), and must contain provisions
specifying the terms and conditions under which a payment may be made
under this section and the rights of, and remedies available to, the
Federal Government to recover all or a portion of a payment made under
this section in the event the non-Federal interest suspends or
terminates its performance of operation, maintenance, replacement, and
rehabilitation of the project or separable element, or fails to perform
such activities in a manner satisfactory to the Secretary.
(d) Except as provided in subsection (c), a payment provided to the
non-Federal interest under this section shall relieve the Government of
any future obligations for paying any of the operation, maintenance,
replacement, and rehabilitation costs for the project or separable
element.
SEC. 12. COST-SHARING FOR REMOVAL OF EXISTING PROJECT FEATURES.
After the date of enactment of this Act, any proposal submitted to
the Congress by the Secretary for modification of an existing
authorized water resources development project by removal of one or
more of the project features which would significantly and adversely
impact the authorized project purposes or outputs shall include the
recommendation that the non-Federal sponsor shall bear 50 percent of
the cost of any such modification, including the costs of acquiring any
additional interests in lands which become necessary for accomplishing
the modification.
SEC. 13. TECHNICAL ADVISORY COMMITTEE.
The Technical Advisory Committee established pursuant to section
310(a) of Public Law 101-640 shall no longer exist after the date of
enactment of this Act.
SEC. 14. TECHNICAL CORRECTIONS.
(a) Section 203(b) of the Water Resources Development Act of 1992
(106 Stat. 4826) is amended by striking out ``(8662)'' and inserting in
lieu thereof ``(8862)''.
(b) Section 225(c) of the Water Resources Development Act of 1992
(106 Stat. 4838) is amended by striking out ``(8662)'' in the second
sentence and inserting in lieu thereof ``(8862)''.
SEC. 15. PROJECT DEAUTHORIZATIONS.
(a) Section 1001 of the Water Resources Development Act of 1986 as
amended (33 U.S.C. 579a) is further amended by--
(1) striking ``10'' where it appears in the first sentence
of paragraph (2) of subsection (b) and replacing it with ``5'';
(2) striking the word ``Before'' at the beginning of the
second sentence of paragraph (2) of subsection (b) and
replacing it with the words ``Upon official''; and
(3) inserting the words ``planning, designing, or''
immediately before the word ``construction'' in the last
sentence of paragraph (2) of subsection (b).
(b) Section 52(a) of the Water Resources Development Act of 1988
(102 Stat. 4044) is repealed.
SEC. 16. CONTRACT GOALS FOR SMALL DISADVANTAGED BUSINESS CONCERNS AND
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES OR MINORITY
INSTITUTIONS.
(a) Goal.--Except as provided in subsection (c), the Secretary
shall establish a goal of 5 percent of the total amount of civil works
funds obligated for contracts and subcontracts entered into by the
Department of the Army for fiscal years 1994 through 2000 for award to
small business concerns owned and controlled by socially and
economically disadvantaged individuals (as such term is used in section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and regulations under
that section), the majority of the earnings of which directly accrue to
such individuals, and to historically Black colleges and universities
or minority institutions (as defined in paragraphs (3), (4), and (5) of
section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058)).
(b) Competitive Procedure.--To the extent practicable and when
necessary to facilitate achievement of the 5 percent goal in subsection
(a)--
(1) the Secretary is authorized to enter into contracts
using less than full and open competitive procedures, but shall
pay a price not exceeding the fair market cost by more than 10
percent in payment per contract to contractors or
subcontractors of contracts described in subsection (a); and
(2) the Secretary shall maximize the number of small
disadvantaged business concerns, historically Black colleges
and universities, and minority institutions participating in
the program.
(c) Exception.--The Secretary shall adjust the percentage specified
in subsection (b)(1) of this section for any industry category if
available information clearly indicates that nondisadvantaged small
business concerns in such industry category are generally being denied
a reasonable opportunity to compete for contracts because of the use of
that percentage.
(d) Nonapplicability.--Subsection (a) does not apply if--
(1) the Secretary determines that the existence of a
national emergency requires otherwise; and
(2) the Secretary notifies the Congress of such
determination and the reasons therefor.
SEC. 17. COST-SHARING FOR DAM SAFETY WORK.
Section 1203(a)(1) of the Water Resources Development Act of 1986
is amended by inserting the following language immediately after the
first sentence: ``Where cost sharing was not based on a cost
allocation, 15 percent of the modification costs shall be assigned
among project purposes in the same manner as costs were originally
assigned, as determined by the Secretary.''.
SEC. 18. REVOCATION OF SECTION 211, RIVER AND HARBOR ACT OF 1950.
Section 211 of the River and Harbor Act of 1950, Public Law 516,
81st Congress, is hereby repealed.
SEC. 19. RESEARCH AND DEVELOPMENT IN SUPPORT OF ARMY CIVIL WORKERS
PROGRAM.
(a) In carrying out research and development in support of the
Civil Works program of the Department of the Army, the Secretary may
utilize contracts, cooperative research and development agreements,
cooperative agreements, and grants with non-Federal entities, including
State and local governments, colleges and universities, consortia,
professional and technical societies, public and private scientific and
technical foundations, research institutions, educational
organizations, and non-profit organizations.
(b) With respect to contracts for research and development, the
Secretary may include requirements that have potential commercial
application and may also use such potential application as an
evaluation factor where appropriate.
SEC. 20. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
The Secretary may engage in activities in support of other Federal
agencies or international organizations on problems of national
significance to the United States. The Secretary may engage in
activities in support of international organizations only after
consulting with the Department of State. The Secretary may apply the
technical and managerial expertise of the Army Corps of Engineers to
domestic and international problems related to water resources,
infrastructure development and environmental protection. There is
authorized to be appropriated up to $3,000,000 each fiscal year for the
purpose of carrying out this section. The Secretary may also accept and
expend additional funds from other Federal agencies or international
organizations for purposes of carrying out this section.
SEC. 21. EXPANSION OF SECTION 1135 PROGRAM.
Section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a) is amended by--
(1) striking the period at the end of subsection (a) and
inserting the following: ``and to determine if the operation of
such projects has contributed to the degradation of the quality
of the environment.'';
(2) striking the last two sentences of subsection (b); and,
(3) redesignating subsections (c), (d), and (e) as (e),
(f), and (g) and inserting the following new subsections:
``(c) If the Secretary determines that operation of a water
resources project has contributed to the degradation of the quality of
the environment, the Secretary may also undertake measures for
restoration of environmental quality, provided such measures are
feasible and consistent with the authorized project purposes.
``(d) The non-Federal share of the cost of any modifications or
measures carried out or undertaken pursuant to subsections (b) or (c)
of this section shall be 25 percent. No more than $5,000,000 in Federal
funds may be expended on any single modification or measure carried out
or undertaken pursuant to this section.''.
SEC. 22. REGULATORY PROGRAM FUND.
(a) There is hereby established in the Treasury of the United
States the ``Army Civil Works Regulatory Program Fund'' (hereafter
referred to as the ``Regulatory Program Fund'') into which shall be
deposited fees collected by the Secretary of the Army pursuant to
paragraph (b) of this section. Amounts deposited into the Regulatory
Program Fund are authorized to be appropriated to the Secretary of the
Army to cover a portion of the expenses incurred by the Department of
the Army in administering laws pertaining to the regulation of the
navigable waters of the United States as well as wetlands.
(b) Regulatory Fees.--(1) To the extent provided for in
appropriation Acts, the Secretary of the Army shall establish and
collect fees for the evaluation of commercial permit applications; for
the recovery of costs associated with the preparation of Environmental
Impact Statements required by the National Environmental Policy Act of
1969; and for the recovery of costs associated with wetlands
delineations for major developments affecting wetlands. Amounts
collected pursuant to this paragraph shall be deposited into the
Regulatory Program Fund established by paragraph (a) of this section.
(2) The fees described in paragraph (1) of this subsection shall be
established by the Secretary of the Army at rates that will allow for
the recovery of receipts at amounts as provided for in appropriation
Acts.
S 2233 IS----2
S 2233 IS----3 | Water Resources Development Act of 1994 - Amends the Water Resources Development Act of 1986 to require a 25 percent non-Federal share of the cost of environmental protection and restoration activities under the Act.
(Sec. 6) Requires amounts recovered by the Secretary of the Army for the cleanup of hazardous or toxic substances in support of the Army Civil Works program to be credited to the appropriate trust fund Account from which the cost of taking such action is paid.
(Sec. 7) Amends the Act to provide for the temporary protection of technology developed as a result of research and development (R&D) activities conducted by the Corps of Engineers which is likely to be subject to a cooperative R&D agreement within two years of such development.
(Sec. 8) Amends the National Dam Safety Act to authorize appropriations annually (currently through FY 1992) for continuously maintaining an updated inventory of all dams located in the United States.
(Sec. 9) Authorizes the Secretary, in maintaining hydroelectric power generating facilities at projects under the jurisdiction of the Army, to increase the efficiency of energy production and the capacity of such facilities, if certain conditions are met.
(Sec. 10) Authorizes the Secretary to undertake surveys, plans, and studies and to prepare reports which may lead to work under existing civil works authorities or to recommendations for authorizations. Authorizes appropriations.
(Sec. 11) Authorizes the Secretary to make lump-sum payments to non-Federal sponsors for the Federal share of operation, maintenance, replacement, and rehabilitation costs of civil works projects after completion of construction of the project or a separation element thereof, with conditions.
(Sec. 12) Requires recommendation to the Congress by the Secretary that a non-Federal sponsor bear 50 percent of the cost of any proposed modification of an existing authorized project by removal of a project feature which would significantly and adversely impact the project purpose or output.
(Sec. 13) Amends the Water Resources Development Act of 1990 to terminate the technical advisory committee established to provide to the Secretary and the Corps recommendations on reservoir monitoring and research.
(Sec. 15) Amends the: (1) Act to revise a reporting requirement and to defeat a project deauthorization if funds for planning or design (currently, only construction) have been obligated within a 30-month period; and (2) Water Resources Development Act of 1988 to repeal a five-year limitation on the period during which funds must be obligated to prevent project deauthorization.
(Sec. 16) Directs the Secretary to establish a goal of awarding five percent of the total amount of civil works funds obligated for Army contracts and subcontracts for FY 1994 through 2000 to small business concerns owned and controlled by socially and economically disadvantaged individuals and to historically Black colleges and minority institutions. Outlines procurement procedures.
(Sec. 17) Amends the Act to revise provisions concerning cost-sharing for dam safety work.
(Sec. 18) Repeals a provision of the River and Harbor Act of 1950 providing for expenses of Corps representatives at international engineering or scientific conferences.
(Sec. 19) Authorizes the Secretary to enter into contracts, cooperative agreements, and grants with non-Federal entities for R&D in support of Army civil works programs.
(Sec. 20) Authorizes the Secretary to engage in activities in interagency or international support of problems of national significance to the United States, with conditions. Authorizes appropriations.
(Sec. 21) Amends the Act to allow the Secretary to take appropriate measures if he determines that the operation of a water resource project has contributed to the degradation of the quality of the environment.
(Sec. 22) Establishes in the Treasury the Army Civil Works Regulatory Program Fund for deposit of fees collected for commercial permits, environmental impact statements, and wetlands delineations. Authorizes the appropriation of the funds collected to the Secretary for administrative costs related to regulation of navigable waters and wetlands of the United States. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Honors Scholarship Act
of 1996''.
SEC. 2. PRESIDENTIAL HONORS SCHOLARSHIP PROGRAM.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.) is amended by inserting after subpart 6 the following new
subpart:
``Subpart 7--Presidential Honors Scholarship Program
``SEC. 420A. PRESIDENTIAL HONORS SCHOLARSHIP PROGRAM.
``(a) Purpose.--It is the purpose of this subpart to establish a
Presidential Honors Scholarship Program to encourage high academic
achievement in public and private secondary schools and to recognize
and reward the achievement of their outstanding graduates.
``(b) Program Authority.--The Secretary is authorized, in
accordance with this subpart, to carry out a program of recognizing
high academic achievement in public and private secondary schools by
awarding scholarships to all students in the top 5 percent of their
graduating class, and thereby encouraging students to excel in their
secondary studies and pursue postsecondary education.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $130,000,000 for fiscal year 1998, and such sums as may be
necessary for each of the 4 succeeding fiscal years, to carry out the
purposes of this subpart. Funds shall remain available for obligation
until the end of the fourth fiscal year immediately succeeding the
fiscal year for which such funds were appropriated.
``(d) Terms of Scholarships.--
``(1) Amount of scholarship.--(A) The amount of a
scholarship awarded under this subpart shall be $1,000.
``(B) Notwithstanding subparagraph (A), if funds available
in a fiscal year are insufficient to fully fund all
scholarships under this subpart, the amount paid to each
student shall be reduced proportionately.
``(C) Notwithstanding any other provision of this title, a
scholarship awarded under this part--
``(i) shall not be counted in determining the
student's need for grant, loan, or work assistance
under this title; and
``(ii) may, alone or in combination with other
grant, loan, or work assistance received under this
title, exceed the student's cost of attendance, as
defined in section 472.
``(2) Period of scholarships.--A student who satisfies the
requirements of subsection (f) may receive a scholarship under
this subpart for a period of not more than 1 academic year of
postsecondary education or training on at least a half-time
basis, as determined by the institution.
``(3) Scholarship proceeds.--
``(A) Use and availability.--Scholarship proceeds
shall be used for the scholarship recipient's first
year of postsecondary education or training, and shall
remain available for such use for not more than 3
academic years following his or her graduation from
secondary school.
``(B) Disbursal.--Scholarship proceeds shall be
disbursed on behalf of students who receive
scholarships under this subpart to the institutions of
higher education at which the students are enrolled. No
scholarship proceeds shall be disbursed on behalf of a
student until the student is enrolled at an institution
of higher education on at least a half-time basis, as
determined by such institution.
``(4) Use at any institution permitted.--A scholarship
awarded under this subpart may be used to attend any
institution of higher education, as defined in section 481.
``(e) Selection of Scholars.--
``(1) In general.--Scholarships shall be awarded to all
students who rank in the top 5 percent of the graduating class
of each secondary school that participates in the program under
this subpart. Ranking procedures shall be established by each
such school, but may not include any nonacademic or
extracurricular factors.
``(2) Annual announcement of scholarships.--Each
participating school shall announce the availability of
scholarships under this subpart, and its selection procedures,
to all students in the school, and their parents, at the
beginning of each academic year.
``(3) Records.--Each participating school shall maintain
records of its selection procedures, the names of the students
selected, and such other related information as the Secretary
may require.
``(f) Student Eligibility.--In order to receive a scholarship under
this subpart, a student must--
``(1) rank in the top 5 percent of the graduating class at
the secondary school that he or she attends, as established by
such school in accordance with subsection (e); and
``(2) meet the requirements of section 484.
``(g) Recognition of Scholarship Receipt.--
``(1) Designation of scholarship recipients.--Students
awarded scholarships under this subpart shall be known as
`Presidential Honors Scholars'.
``(2) Certificates; ceremonies.--The Secretary shall
provide each student awarded a scholarship under this subpart a
certificate from the President that indicates that the
recipient is a Presidential Honors Scholar. The certificates
shall be provided through the secondary schools that selected
such students. Such schools may present these certificates in
appropriate ceremonies.
``(h) Evaluation.--The Secretary shall, from time to time, conduct
an evaluation of the program authorized by this subpart.
``(i) Secretarial Authority.--In order to carry out the purposes of
this subpart, the Secretary may, from time to time, establish policies,
procedures, and requirements, set deadlines, and require
information.''. | Presidential Honors Scholarship Act of 1996 - Amends the Higher Education Act of 1965 to authorize the award of Presidential Honors Scholarships to all students who graduate in the top five percent of their secondary school graduating class.
Authorizes appropriations. | billsum_train |
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