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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Integration Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Supreme Court's 1999 decision in Olmstead v. L.C.,
527 U.S. 581 (1999), held that the unnecessary segregation of
individuals with disabilities is a violation of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(2) Under Olmstead, individuals generally have the right to
receive their supports and services in home and community-based
settings, rather than in institutional settings, if they so
choose.
(3) Olmstead envisioned that States would provide
appropriate long-term services and supports to individuals with
disabilities through home and community-based services and end
forced segregation in nursing homes and other institutions.
(4) While there has been progress in rebalancing State
spending on individuals with disabilities in institutions as
compared to home and community-based settings, more than 75
percent of States continue to spend the majority of their long-
term care dollars on nursing homes and other institutional
settings, and the number of individuals with disabilities under
age 65 in nursing homes increased between 2008 and 2012.
(5) As of June 2013, there were more than 200,000
individuals younger than age 65 in nursing homes--almost 16
percent of the total nursing home population.
(6) Thirty-eight studies published from 2005 to 2012
concluded that providing services in home and community-based
settings is less costly than providing care in a nursing home
or other institutional setting.
(7) No clear or centralized reporting system exists to
compare how effectively States are meeting the Olmstead
mandate.
SEC. 3. ENSURING MEDICAID BENEFICIARIES MAY ELECT TO RECEIVE CARE IN A
HOME AND COMMUNITY-BASED SETTING.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) in paragraph (81), by striking ``and'' at the end;
(2) in paragraph (82), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (82) the following new
paragraph:
``(83) in the case of any individual with respect to whom
there has been a determination that the individual requires the
level of care provided in a nursing facility, intermediate care
facility for the mentally retarded, institution for mental
disease, or other similarly restrictive or institutional
setting--
``(A) provide the individual with the choice and
opportunity to receive such care in a home and
community-based setting, including rehabilitative
services, assistance and support in accomplishing
activities of daily living, instrumental activities of
daily living, and health-related tasks, and assistance
in acquiring, maintaining, or enhancing skills
necessary to accomplish such activities, tasks, or
services;
``(B) ensure that each such individual has an equal
opportunity (when compared to the receipt and
availability of nursing facility services) to receive
care in a home and community-based setting, if the
individual so chooses, by ensuring that the provision
of such care in a home and community-based setting is
widely available on a statewide basis for all such
individuals within the State; and
``(C) meet the requirements of section 1904A
(relating to the provision of care in a home and
community-based setting).''.
(b) Requirements for Community Care Options.--Title XIX of the
Social Security Act is amended by inserting after section 1904 (42
U.S.C. 1396c) the following new section:
``provisions related to home and community-based care
``Sec. 1904A. (a) Definitions.--For purposes of this section,
section 1902(a)(83), and section 1905(a)(4)(A):
``(1) Activities of daily living.--The term `activities of
daily living' includes, but is not limited to, tasks such as
eating, toileting, grooming, dressing, bathing, and
transferring.
``(2) Health-related tasks.--The term `health-related
tasks' means specific tasks related to the needs of an
individual, including, but not limited to, bowel or bladder
care, wound care, use and care of ventilators and feeding
tubes, and the administration of medications and injections,
which, in the opinion of the individual's physician, can be
delegated to be performed by an attendant.
``(3) Home and community-based setting.--The term `home and
community-based setting' means, with respect to an individual
who requires a level of care provided in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, a setting that--
``(A) includes a house, apartment, townhouse,
condominium, or similar public or private housing where
the individual resides that--
``(i) is owned or leased by the individual
or a member of the individual's family;
``(ii) ensures the individual's privacy,
dignity, respect, and freedom from coercion;
and
``(iii) maximizes the individual's autonomy
and independence;
``(B) is integrated in, and provides access to, the
general community in which the setting is located so
that the individual has access to the community and
opportunities to seek employment and work in
competitive integrated settings, participate in
community life, control and utilize personal resources,
benefit from community services, and participate in the
community in an overall manner that is comparable to
that available to individuals who are not individuals
with disabilities; and
``(C) has the services and supports that the
individual needs in order to live as independently as
possible.
``(4) Instrumental activities of daily living.--The term
`instrumental activities of daily living' means activities
related to living independently in the community and includes,
but is not limited to, meal planning and preparation, managing
finances, shopping for food, clothing, and other items,
performing household chores, communicating by phone or other
media, and traveling around and participating in the community.
``(5) Public entity.--The term `public entity' means a
public entity as defined in subparagraphs (A) and (B) of
section 201(1) of the Americans with Disabilities Act of 1990.
``(b) Requirements for Providing Services in Home and Community-
Based Settings.--With respect to the availability and provision of
services under the State plan under this title, or under any waiver of
State plan requirements (subject to section 3(d) of the Community
Integration Act of 2016), in a home and community-based setting to any
individual who requires a level of care provided in a nursing facility,
intermediate care facility for the mentally retarded, institution for
mental disease, or other similarly restrictive or institutional
setting, any public entity that receives payment under the State plan
or waiver for providing services to such an individual shall not--
``(1) impose or utilize policies, practices, or procedures,
such as unnecessary requirements or arbitrary service or cost
caps, that limit the availability of services in home and
community-based settings to an individual with a disability
(including individuals with the most significant disabilities)
who need such services;
``(2) impose or utilize policies, practices, or procedures
that limit the availability of services in a home and
community-based setting (including assistance and support in
accomplishing activities of daily living, instrumental
activities of daily living, health-related tasks, and
rehabilitative services) based on the specific disability of an
otherwise eligible individual;
``(3) impose or utilize policies, practices, or procedures
that arbitrarily restrict an individual with a disability from
full and meaningful participation in community life;
``(4) impose or utilize policies, practices, or procedures
that unnecessarily delay or restrict the provision of services
in a home and community-based setting to any individual who
requires such services;
``(5) fail to establish and utilize adequate payment
structures to maintain a sufficient workforce to provide
services in home and community-based settings to any individual
who requires such services;
``(6) fail to provide information, on an ongoing basis, to
help any individual who receives care in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, understand the individual's right to
choose to receive such care in a home and community-based
setting; or
``(7) fail to provide information to help any individual
that requires the level of care provided in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, prior to the individual's placement
in such a facility or institution, understand the individual's
right to choose to receive such care in a home and community-
based setting.
``(c) Plan To Increase Affordable and Accessible Housing.--Not
later than 180 days after the enactment of this section, each State
shall develop a statewide plan to increase the availability of
affordable and accessible private and public housing stock for
individuals with disabilities (including accessible housing for
individuals with physical disabilities and those using mobility
devices).
``(d) Availability of Remedies and Procedures.--
``(1) In general.--The remedies and procedures set forth in
sections 203 and 505 of the Americans with Disabilities Act of
1990 shall be available to any person aggrieved by the failure
of--
``(A) a State to comply with this section or
section 1902(a)(83); or
``(B) a public entity (including a State) to comply
with the requirements of subsection (b).
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit any remedy or right of action that
otherwise is available to an aggrieved person under this title.
``(e) Enforcement by the Secretary.--
``(1) In general.--The Secretary may reduce the Federal
matching assistance percentage applicable to the State (as
determined under section 1905(b)) if the Secretary determines
that the State has violated the requirements of subsection (b).
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit any remedy or right of action that is
otherwise available to the Secretary.
``(f) Reporting Requirements.--With respect to fiscal year 2018,
and for each fiscal year thereafter, each State shall submit to the
Administrator of the Administration for Community Living of the
Department of Health and Human Services, not later than April 1 of the
succeeding fiscal year, a report, in such form and manner as the
Secretary shall require, that includes--
``(1) the total number of individuals enrolled in the State
plan or under a waiver of the plan during such fiscal year that
required the level of care provided in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, disaggregated by the type of facility
or setting;
``(2) with respect to the total number described in
paragraph (1), the total number of individuals described in
that paragraph who received care in a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting, disaggregated by the type of facility
or setting; and
``(3) with respect to the total number described in
paragraph (2), the total number of individuals described in
that paragraph who were transitioned from a nursing facility,
intermediate care facility for the mentally retarded,
institution for mental disease, or other similarly restrictive
or institutional setting to a home and community-based setting,
disaggregated by the type of home and community-based
setting.''.
(c) Inclusion as a Mandatory Service.--Section 1905(a)(4)(A) of the
Social Security Act (42 U.S.C. 1396d(a)(4)(A)) is amended by striking
``other than'' and inserting ``including similar services such as
rehabilitative services and assistance and support in accomplishing
activities of daily living, instrumental activities of daily living,
and health-related tasks, that are provided, at the individual's
option, in a home and community-based setting (as defined in section
1904A(a)(3)), but not including''.
(d) Application to Waivers.--Notwithstanding section 1904A of the
Social Security Act (as added by subsection (b)), such section and
sections 1902(a)(83) and 1905(a)(4)(A) of the Social Security Act (42
U.S.C. 1396 et seq.), as amended by subsections (a) and (c),
respectively, shall not apply to any individuals who are eligible for
medical assistance for home and community-based services under a waiver
under section 1115 or 1915 of the Social Security Act (42 U.S.C. 1315,
1396n) and who are receiving such services, to the extent such sections
(as so added or amended) are inconsistent with any such waiver.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on October 1,
2016.
(2) Delay permitted if state legislation required.--In the
case of a State plan under section 1902 of the Social Security
Act (42 U.S.C. 1396a) which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
this section, the State plan shall not be regarded as failing
to comply with the requirements of such section 1902 solely on
the basis of the failure of the plan to meet such additional
requirements before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of the previous sentence, in the case of
a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session
of the State legislature. | Community Integration Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid program to, with respect to an individual who requires a level of care provided in a nursing facility, intermediate care facility for the developmentally disabled, institution for mental disease, or other similar setting: (1) provide the individual with the choice and equal opportunity to receive such care in a home- and community-based setting; and (2) meet specified requirements relating to the provision and availability of care in such a setting, including a requirement to develop a statewide plan to increase affordable and accessible housing for individuals with disabilities. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Manufacturing Economic Recovery Act
of 2012''.
SEC. 2. CREDIT FOR ACQUISITION OF MANUFACTURING PROPERTY.
(a) In General.--Subpart E of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to Rules for computing
credit for investment in certain depreciable property) is amended by
inserting after section 48D the following new section:
``SEC. 48E. ACQUISITION OF MANUFACTURING PROPERTY.
``(a) In General.--For purposes of section 46, the manufacturing
recovery credit for any taxable year is an amount equal to--
``(1) the applicable percentage of the taxpayer's basis in
manufacturing real property placed in service by the taxpayer
during the taxable year, and
``(2) the applicable percentage of the taxpayer's basis in
manufacturing tangible personal property placed in service by
the taxpayer during the taxable year.
``(b) Applicable Percentages.--For purposes of this section--
``(1) Real property.--In the case of manufacturing real
property, the applicable percentage is--
``(A) 10 percent in the case of property located on
existing manufacturing property,
``(B) 15 percent in the case property of located on
former manufacturing property, and
``(C) 20 percent in the case of property located on
future manufacturing property.
``(2) Tangible personal property.--In the case of
manufacturing tangible personal property, the applicable
percentage shall be determined in accordance with the following
table:
----------------------------------------------------------------------------------------------------------------
To the extent To the extent To the extent
located on located on located on
existing former future
``If the aggregate manufacturing tangible personal property manufacturing manufacturing manufacturing
placed in service during the taxable year is: property, the property, the property, the
applicable applicable applicable
percentage is: percentage is: percentage is:
----------------------------------------------------------------------------------------------------------------
Not over $250,000............................................... 5 percent 10 percent 15 percent
Over $250,000 but not over $1,000,000........................... 7.5 percent 12.5 percent 17.5 percent
Over $1,000,000................................................. 10 percent 15 percent 20 percent.
----------------------------------------------------------------------------------------------------------------
``(3) Increased credit for property located in economically
disadvantaged areas.--
``(A) In general.--If the manufacturing property is
located in an economically disadvantaged area, each of
the percentages under paragraphs (1) and (2) shall be
increased by 5 percentage points.
``(B) Extremely economically disadvantaged areas.--
If the manufacturing property is located in an
extremely economically disadvantaged area, each of the
percentages under paragraphs (1) and (2) shall be
increased by 10 percentage points.
``(C) Economically disadvantaged areas.--For
purposes of this paragraph--
``(i) In general.--The term `economically
disadvantaged area' means any area--
``(I) for which there is a single
5-digit postal zip code, and
``(II) which includes any portion
of a census tract in which the median
annual household income is less than
$40,000 per year.
``(ii) Extremely economically disadvantaged
areas.--The term `extremely economically
disadvantaged area' means any area which would
be described in clause (i) if `$32,000' were
substituted for `$40,000' in subclause (II)
thereof.
``(iii) Household income.--Median annual
household income shall be determined using the
2010 census, as updated by the American
Community Survey of the Bureau of the Census.
``(iv) Areas not within census tracts.--In
the case of an area which is not tracted for
population census tracts, the equivalent county
divisions (as defined by the Bureau of the
Census for purposes of defining poverty areas)
shall be used for purposes of determining
median annual household income.
``(c) Manufacturing Property.--For purposes of this section--
``(1) Manufacturing property.--
``(A) In general.--The term `manufacturing
property' means tangible property used in the United
States in the trade or business of manufacturing
tangible personal property.
``(B) Manufacturing of residential real property
not included.--Such term does not include property used
to manufacture residential real property, including
such property used on a transient basis.
``(2) Existing manufacturing property.--The term `existing
manufacturing property' means any property which was a
manufacturing facility, or a part of a manufacturing facility,
at any time during the period beginning 5 years before the date
of the enactment of this section and ending on the day before
its purchase by the taxpayer.
``(3) Former manufacturing property.--The term `former
manufacturing property' means any property (other than an
existing manufacturing property) which was a manufacturing
facility, or a part of a manufacturing facility, at any time
before the period described in paragraph (2).
``(4) Future manufacturing property.--The term `future
manufacturing property' means any existing or former
manufacturing property on which there are no permanent vertical
structures.
``(5) Manufacturing real property.--The term `manufacturing
real property' means manufacturing property which is land or
section 1250 property (as defined in section 1250(c)).
``(6) Manufacturing tangible personal property.--The term
`manufacturing tangible personal property' means manufacturing
property which is tangible property other than manufacturing
real property.
``(d) Credit Not Allowable for Certain Relocations of Manufacturing
Facilities.--This section shall not apply to property acquired as part
of a relocation of a manufacturing facility unless the new location--
``(1) is in a different State than the prior location, or
``(2) is more than 100 miles from the prior location.
``(e) Special Rules.--
``(1) Credit not allowable if remediation deduction
claimed.--This section shall not apply to any property located
on a site with respect to which the taxpayer (or a related
party) is allowed a deduction under section 198 (relating to
expensing of environmental remediation costs).
``(2) Basis adjustment.--For purposes of this subtitle, if
a credit is allowed under this section for an expenditure
related to property, the basis of such property shall be
reduced by the amount of such credit.
``(3) Controlled groups.--For purposes of this section, 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 a single taxpayer.''.
(b) Inclusion as Part of Investment Credit.--Section 46 of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of paragraph (5), by striking the period at the end of paragraph (6)
and inserting ``, and'', and by adding at the end the following new
paragraph:
``(7) the manufacturing recovery credit.''.
(c) Conforming Amendments.--
(1) Section 49(a)(1)(C) of such Code is amended--
(A) by striking ``and'' at the end of clause (v),
(B) by striking the period at the end of clause
(vi) and inserting ``, and'', and
(C) by adding at the end the following new clause:
``(vii) the basis of any property which is
manufacturing property under section 48E.''.
(2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 48D the following new item:
``Sec. 48E. Acquisition of manufacturing property.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act in taxable years ending after such date.
SEC. 3. INCENTIVES FOR HIRING MANUFACTURING RECOVERY EMPLOYEES.
(a) In General.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (H), by striking the period at the end of subparagraph (I)
and inserting ``, or'', and by adding at the end the following new
subparagraph:
``(J) a manufacturing recovery employee.''.
(b) Manufacturing Recovery Employee.--Subsection (d) of section 51
of such Code is amended by redesignating paragraphs (11) through (14)
as paragraphs (12) through (15), respectively, and by inserting after
paragraph (10) the following new paragraph:
``(11) Manufacturing recovery employee.--
``(A) In general.--The term `manufacturing recovery
employee' means any individual who is certified by the
designated local agency as having a hiring date which
is after the date of the enactment of the Manufacturing
Economic Recovery Act of 2012 and before the close of
the 3-year period beginning on the date that the
employer first operated the manufacturing facility at
which the individual is employed.
``(B) Increased credit for hiring unemployed.--In
the case of a manufacturing recovery employee who is
certified by the designated local agency as having
received unemployment compensation under State or
Federal law for not less than 4 weeks during the 3-year
period ending on the hiring date, subsection (a) shall
be applied by substituting `50 percent' for `40
percent'.
``(C) No credit for less than full-time
employment.--An individual shall not be treated as a
manufacturing recovery employee for any week during
which--
``(i) the individual is employed by the
employer for less than 35 hours at a
manufacturing facility of the employer, or
``(ii) the individual performs less than 90
percent of individual's services for the
employer at the manufacturing facility.
``(D) Manufacturing facility must be in united
states.--No credit shall be allowable by reason of this
paragraph unless the manufacturing facility is located
in the United States.''.
(c) Permanent Credit for Manufacturing Recovery Employees.--
Paragraph (4) of section 51(c) of such Code (relating to termination)
is amended by adding at the end the following flush sentence:
``The preceding sentence shall not apply to any manufacturing
recovery employee.''.
(d) Effective Date.--The amendments made by this section shall
apply to individuals who first begin work for the employer after the
date of the enactment of this Act. | Manufacturing Economic Recovery Act of 2012 - Amends the Internal Revenue Code to allow: (1) a manufacturing recovery tax credit for investment in manufacturing real and tangible personal property used in the United States, including an increased credit for manufacturing property located in an economically disadvantaged area and an extremely economically disadvantaged area; (2) an additional investment tax credit for manufacturing property; and (3) a work opportunity tax credit for hiring an employee in a manufacturing facility located in the United States (manufacturing recovery employee), including an increased credit for hiring individuals receiving unemployment compensation. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Renewing Efficiency From Outside
Reviewer Management Act of 2011''.
SEC. 2. PERSONS ACCREDITED TO REVIEW REPORTS UNDER 510(K) AND MAKE
RECOMMENDATIONS FOR INITIAL CLASSIFICATION.
(a) Time Period for Review of Recommendations of Accredited
Persons.--Section 523(a) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360m(a)) is amended--
(1) in paragraph (1), by striking ``reviewing reports'' and
inserting ``reviewing and making recommendations to the
Secretary regarding reports''; and
(2) in paragraph (2), by amending subparagraph (B) to read
as follows:
``(B) Time period for review.--Not later than 30
days after the date on which the Secretary is notified
under subparagraph (A) by an accredited person with
respect to a recommendation regarding a report
submitted under section 510(k) or an initial
classification of a device, the Secretary shall make a
determination with respect to the recommendation. If
the Secretary fails to make such a determination by the
end of such 30-day period, the recommendation is deemed
to be accepted by the Secretary.''.
(b) Access to Device Information.--Paragraph (2) of section 523(a)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m(a)) is
amended by adding at the end the following:
``(D) Access to device information.--Subject to
section 301(j), for the purpose of providing accredited
persons with additional information to review reports
submitted under section 510(k) and make recommendations
regarding the initial classification of devices, the
Secretary shall regularly publish--
``(i) detailed decision summaries for each
clearance of a device under section 510(k),
classification of a device under section 513,
approval of an application for a device under
section 515, or grant of an exemption for a
device under section 520(m), occurring after
the date of the enactment of this subparagraph;
and
``(ii) total product life cycles
information for devices.''.
(c) Types of Devices To Be Reviewed.--Paragraph (3) of section
523(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m(a))
is amended to read as follows:
``(3) Certain devices.--
``(A) In general.--An accredited person may be used
to perform a review regarding any report submitted
under section 510(k) except that an accredited person--
``(i) may not be used to perform a review
of a class III device; and
``(ii) may be used to perform a review of a
class II device which is intended to be
permanently implantable or life sustaining or
supporting only if a notification is submitted
under subparagraph (B).
``(B) Notification of intent to perform a review.--
Before performing a review of a report submitted under
section 510(k) for a class II device which is intended
to be permanently implantable or life sustaining or
supporting, an accredited person shall submit to the
Secretary a notification of the person's intent to
perform the review. If the Secretary does not object
within 60 days after receipt of such a notification,
the Secretary is deemed to allow the accredited person
to perform such review. If the Secretary objects to
performance of the review by the accredited person, the
Secretary shall specify in writing the basis for the
objection, including any reasons why the accredited
person is not capable of performing the review in a
manner which provides a reasonable assurance of the
safety and effectiveness of the device for its intended
purpose.''.
(d) Accreditation.--Section 523(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360m(b)) is amended--
(1) in paragraph (2)--
(A) in the heading of subparagraph (C), by
inserting ``and training'' after ``auditing'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) provide for the initial training and
periodic updating of training of such person;
and''; and
(C) by adding at the end the following:
``(E) Periodic reaccreditation.--
``(i) Period.--Subject to suspension or
withdrawal under subparagraph (B), any
accreditation under this section shall be valid
for a period of 3 years after its issuance.
``(ii) Response to reaccreditation
request.--Upon the submission of a request by
an accredited person to be reaccredited under
this section, the Secretary shall approve or
deny such request not later than 60 days after
receipt of the request.
``(iii) Criteria.--Not later than 120 days
after the date of the enactment of this
subparagraph, the Secretary shall establish and
publish in the Federal Register criteria to
reaccredit or deny reaccreditation to persons
under this section. The reaccreditation of
persons under this section shall specify the
particular activities under subsection (a) for
which such persons are accredited.'';
(2) in paragraph (3)--
(A) in subparagraph (A), by inserting ``a sole
practitioner or'' after ``may not be'';
(B) in subparagraph (B), by striking ``such a
manufacturer, supplier, or vendor'' and inserting ``a
manufacturer, supplier, or vendor of devices of the
type for which such person is accredited''; and
(C) in subparagraph (D), by striking ``devices''
and inserting ``devices of the type for which such
person is accredited'';
(3) by striking paragraph (4) (relating to selection of
accredited persons); and
(4) by redesignating paragraph (5) as paragraph (4).
(e) Duration of Authority.--Section 523(c) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360m(c)) is amended by striking
``October 1, 2012'' and inserting ``October 1, 2017''.
(f) Report.--Section 523(d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360m(d)) is amended by striking ``January 10, 2007'' and
inserting ``January 15, 2015''.
SEC. 3. PERSONS ACCREDITED TO CONDUCT INSPECTIONS.
Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 374(g)(11)) is amended by striking ``October 1, 2012'' and
inserting ``October 1, 2017''. | FDA Renewing Efficiency From Outside Reviewer Management Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to revise and extend through October 1, 2017, provisions authorizing accredited persons to provide classification reports for a medical device and to inspect class II device or class III device facilities.
Deems a recommendation of an accredited person as to the classification of a medical device to be accepted by the Secretary of Health and Human Services (HHS) if the Secretary fails to make a determination with respect to the recommendation within 30 days.
Requires the Secretary to regularly publish: (1) detailed decision summaries for each clearance of a device, classification of a device, approval of an application of a device, or grant of exemption for a device occurring after the enactment of this Act; and (2) total product life cycles information for devices.
Expands the devices for which an accredited person may perform a review to include: (1) a class II device for which clinical data is required in the report, and (2) a class II device which is intended to be permanently implantable or life sustaining or supporting only if notification is provided to the Secretary before such a review. Deems the review permissible if the Secretary does not object within 60 days.
Requires the Secretary to provide for the initial training and periodic updating of training of accredited persons.
Makes accreditation valid for three years. Sets forth provisions regarding reaccreditation.
Prohibits an accredited person from being a sole practitioner. Provides that the prohibitions against an accredited person being owned or controlled by a manufacturer, supplier, or vendor of devices or engaging in the design, manufacture, promotion, or sale of devices shall apply only if the devices are of the same type for which the person is accredited. | billsum_train |
Change the following text into a summary: TITLE I--SHORT TITLE
This Act may be cited as the ``Rural and Remote Community Fairness
Act of 1998''.
TITLE II--RURAL AND REMOTE COMMUNITY DEVELOPMENT BLOCK GRANTS
The Housing and Community Development Act of 1974 (Public Law 93-
383) is amended by inserting at the end the following new title:
``TITLE IX--RURAL AND REMOTE COMMUNITY DEVELOPMENT BLOCK GRANTS
``findings and purpose
``Sec. 901. (a) Findings.--The Congress finds and declares that--
``(1) a modern infrastructure, including efficient housing,
electricity, bulk fuel, waste water and water service, is a
necessary ingredient of a modern society and development of a
prosperous economy with minimal environmental impacts;
``(2) the Nation's rural and remote communities face
critical social, economic and environmental problems, arising
in significant measure from the high cost of infrastructure
development in sparsely populated and remote areas, that are
not adequately addressed by existing Federal assistance
programs;
``(3) in the past, Federal assistance has been instrumental
in establishing electric and other utility service in many
developing regions of the Nation, and that Federal assistance
continues to be appropriate to ensure that electric and other
utility systems in rural areas conform with modern standards of
safety, reliability, efficiency and environmental protection;
and
``(4) the future welfare of the Nation and the well-being
of its citizens depend on the establishment and maintenance of
viable rural and remote communities as social, economic and
political entities.
``(b) Purpose.--The purpose of this title is the development and
maintenance of viable rural and remote communities through the
provision of efficient housing, and reasonably priced and
environmentally sound energy, water, waste water, and bulk fuel and
utility services to those communities that do not have those services
or who currently bear costs for those services that are significantly
above the national average.
``definitions
``Sec. 902. As used in this title:
``(1) The term `unit of general local government' means any
city, county, town, township, parish, village, borough
(organized or unorganized) or other general purpose political
subdivision of a State, Guam, the Commonwealth of the Northern
Mariana Islands, Puerto Rico, the Republic of the Marshall
Islands, the Federated States of Micronesia, the Republic of
Palau, the Virgin Islands, and American Samoa; a combination of
such political subdivisions that is recognized by the
Secretary; and the District of Columbia; or any other
appropriate organization of citizens of a rural and remote
community that the Secretary may identify.
``(2) The term `population' means total resident population
based on data compiled by the United States Bureau of the
Census and referable to the same point or period in time.
``(3) The term `Indian tribe' means any Indian tribe, band
group, and nation, including Alaska Indians, Aleuts, and
Eskimos, and any Alaskan Native Village, of the United States,
which is considered an eligible recipient under the Indian Self
Determination and Education Assistance Act (Public Law 93-638)
or was considered an eligible recipient under chapter 67 of
title 31, United States Code, prior to the repeal of such
chapter.
``(4) The term `Secretary' means the Secretary of Housing
and Urban Development.
``(5) The term `rural and remote community' means a unit of
local general government or Indian tribe which represents or
contains a population not in excess of 10,000 permanent
inhabitants, and that has an average cost per kilowatt hour of
electricity that is equal to or greater than 150 persent of the
average retail price per kilowatt hour for all consumers in the United
States, as determined by data provided by the Department of Energy's
Energy Information Administration.
``(6) Alternative energy sources include non-traditional
means of providing electrical energy, including, but not
limited to, wind, solar, biomass, geothermal and tidal power.
``authorizations
``Sec. 903. The Secretary is authorized to make grants to rural and
remote communities to carry out activities in accordance with the
provisions of this title. For purposes of assistance under section 906,
there are authorized to be appropriated $100,000,000 for each of fiscal
years 1999 through 2005.
``statement of activities and review
``Sec. 904. (a) Prior to the receipt in any fiscal year of a grant
under section 906 by any rural and remote community, the grantee shall
have prepared and submitted to the Secretary a final statement of rural
and remote community development objectives and projected use of funds.
``(b) In order to permit public examination and appraisal of such
statements, to enhance the public accountability of grantees, and to
facilitate coordination of activities with different levels of
government, the grantee shall in a timely manner--
``(1) furnish citizens information concerning the amount of
funds available for rural and remote community development
activities and the range of activities that may be undertaken;
``(2) publish a proposed statement in such manner to afford
affected citizens an opportunity to examine its content and to
submit comments on the proposed statement and on the community
development performance of the grantee;
``(3) provide citizens with reasonable access to records
regarding the past use of funds received under section 906 by
the grantee; and
``(4) provide citizens with reasonable notice of, and
opportunity to comment on, any substantial change proposed to
be made in the use of funds received under section 906 from one
eligible activity to another.
The final statement shall be made available to the public, and a copy
shall be furnished to the Secretary. Any final statement of activities
may be modified or amended from time to time by the grantee in
accordance with the same procedures required in this paragraph for the
preparation and submission of such statement.
``(c) Each grantee shall submit to the Secretary, at a time
determined by the Secretary, a performance and evaluation report,
concerning the use of funds made available under section 906, together
with an assessment by the grantee of the relationship of such use to
the objectives identified in the grantee's statement under subsection
(a) and to the requirements of subsection (b). The grantee's report
shall indicate its programmatic accomplishments, the nature of and
reasons for any changes in the grantee's program objectives, and
indications of how the grantee would change its programs as a result of
its experiences.
``(d) Any rural and remote community may retain any program income
that is realized from any grant made by the Secretary under section 906
if (1) such income was realized after the initial disbursement of the
funds received by such unit of general local government under such
section; and (2) such unit of general local government has agreed that
it will utilize the program income for eligible rural and remote
community development activities in accordance with the provisions of
this title; except that the Secretary may, by regulation, exclude from
consideration as program income any amounts determined to be so small
that compliance with this subsection creates an unreasonable
administrative burden on the rural and remote community.
``eligible activities
``Sec. 905. (a) Eligible activities assisted under this title may
include only--
``(1) the provision of assistance, including loans, grants,
and services, for low-cost weatherization and other cost-
effective energy-related repair of homes and other buildings;
``(2) the acquisition, construction, repair,
reconstruction, or installation of reliable and cost-efficient
facilities for the generation, transmission or distribution of
electricity for consumption in a rural and remote community or
communities;
``(3) the acquisition, construction, repair,
reconstruction, remediation or installation of facilities for
the safe storage and efficient management of bulk fuel by rural
and remote communities, and facilities for the distribution of
such fuel to consumers in a rural and remote community or
communities;
``(4) facilities and training to reduce costs of
maintaining and operating generation, distribution or
transmission systems to a rural and remote community or
communities;
``(5) the institution of professional management and
maintenance services for electricity generation, transmission
or distribution to a rural and remote community or communities;
``(6) the investigation of the feasibility of alternate
energy sources for a rural and remote community or communities;
``(7) acquisition, construction, repair, reconstruction,
operation, maintenance, or installation of facilities for water
or waste water service;
``(8) the acquisition or disposition of real property
(including air rights, water rights, and other interests
therein) for eligible rural and remote community development
activities; and
``(9) activities necessary to develop and implement a
comprehensive rural and remote development plan, including
payment of reasonable administrative costs related to planning
and execution of rural and remote community development
activities.
``(b) Eligible activities may be undertaken either directly by the
rural and remote community, or by the rural and remote community
through local electric utilities.
``allocation and distribution of funds
``Sec. 906. For each fiscal year, of the amount approved in an
appropriation Act under section 903 for grants in any year, the
Secretary shall distribute to each rural and remote community which has
filed a final statement of rural and remote community development
objectives and projected use of funds under section 904, an amount
which shall be allocated among the rural and remote communities that
filed a final statement of rural and remote community development
objectives and projected use of funds under section 904 proportionate
to the percentage that the average retail price per kilowatt hour of
electricity for all classes of consumers in the rural and remote
community exceeds the national average retail price per kilowatt hour
for electricity for all consumers in the United States, as determined
by data provided by the Department of Energy's Energy Information
Administration. In allocating funds under this section, the Secretary
shall give special consideration to those rural and remote communities
that increase economies of scale through consolidation of services,
affiliation and regionalization of eligible activities under this
title.
``remedies for noncompliance
``Sec. 907. The provisions of section 111 of the Housing and
Community Development Act of 1974 shall apply to assistance distributed
under this title.''.
TITLE III--RURAL AND REMOTE COMMUNITY ELECTRIFICATION GRANTS
After section 313(b) of the Rural Electrification Act of 1936, add
the following new subsection:
``(c) Rural and Remote Community Electrification Grants.--The
Secretary is authorized to provide grants to eligible borrowers under
this Act for the purpose of increasing energy efficiency, lowering or
stabilizing electric rates to end users, or providing or modernizing
electric facilities in rural and remote communities that have an
average cost per kilowatt hour of electricity that is equal to or
greater than 150% of the average retail price per kilowatt hour for all
consumers in the United States, as determined by data provided by the
Department of Energy's Energy Information Administration.
``(d) For purposes of subsection (c), there is authorized to be
appropriated $20,000,000 for each of fiscal years 1999-2005.''. | TABLE OF CONTENTS:
Title I: Short Title
Title II: Rural and Remote Community Development Block
Grants
Title III: Rural and Remote Community Electrification Grants
Title I: Short Title
- Rural and Remote Community Fairness Act of 1998.
Title II: Rural and Remote Community Development Block
Grants
- Amends the Housing and Community Act of 1974 to authorize (including appropriations) a rural and remote community development block grant program. Sets forth eligible program activities, including housing, water and waste water, and fuel and energy enhancements.
Title III: Rural and Remote Community Electrification
Grants
- Amends the Rural Electrification Act of 1936 to authorize (including appropriations) rural and remote community electrification grants. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Safety Protection Act of
1996''.
SEC. 2. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION.
(a) General Rule.--Chapter 421 of title 49, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
``Sec. 42121. Protection of employees providing air safety information
``(a) Discrimination Against Airline Employees.--No air carrier or
contractor or subcontractor of an air carrier may discharge an employee
of the air carrier or the contractor or subcontractor of an air carrier
or otherwise discriminate against any such employee with respect to
compensation, terms, conditions, or privileges of employment because
the employee (or any person acting pursuant to a request of the
employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided to the Federal Government
information relating to air safety under this subtitle or any
other law of the United States;
``(2) has filed, caused to be filed, or is about to file or
cause to be filed a proceeding relating to air carrier safety
under this subtitle or any other law of the United States;
``(3) testified or is about to testify in such a
proceeding; or
``(4) assisted or participated or is about to assist or
participate in such a proceeding.
``(b) Department of Labor Complaint Procedure.--
``(1) Filing and notification.--
``(A) In general.--In accordance with this
paragraph, a person may file (or have a person file on
behalf of that person) a complaint with the Secretary
of Labor if that person believes that an air carrier or
contractor or subcontractor of an air carrier
discharged or otherwise discriminated against that
person in violation of subsection (a).
``(B) Requirements for filing complaints.--A
complaint referred to in subparagraph (A) may be filed
not later than 180 days after an alleged violation
occurs. The complaint shall state the alleged
violation.
``(C) Notification.--Upon receipt of a complaint
submitted under subparagraph (A), the Secretary of
Labor shall notify the air carrier, contractor, or
subcontractor named in the complaint and the
Administrator of the Federal Aviation Administration of
the--
``(i) filing of the complaint;
``(ii) allegations contained in the
complaint;
``(iii) substance of evidence supporting
the complaint; and
``(iv) opportunities that are afforded to
the air carrier, contractor, or subcontractor
under paragraph (2).
``(2) Investigation; preliminary order.--
``(A) In general.--Not later than 60 days after
receiving a complaint under paragraph (1), and after
affording the air carrier, contractor, or subcontractor
named in the complaint the opportunities specified in
subparagraph (B), the Secretary of Labor shall conduct
an investigation to determine whether there is
reasonable cause to believe that a complaint submitted
under this subsection has merit.
``(B) Opportunity for response.--Before the date
specified in subparagraph (A), the Secretary of Labor
shall afford the air carrier, contractor, or
subcontractor named in the complaint an opportunity
to--
``(i) submit to the Secretary of Labor a
written response to the complaint; and
``(ii) meet with a representative of the
Secretary of Labor to present statements from
witnesses.
``(C) Notification.--Upon completion of an
investigation under subparagraph (A), the Secretary of
Labor shall notify the complainant and the air carrier,
contractor, or subcontractor alleged to have committed
a violation of subsection (a) of the findings of the
investigation.
``(D) Orders.--If, on the basis of the
investigation conducted under this paragraph, the
Secretary of Labor concludes that there is a reasonable
cause to believe that a violation of subsection (a) has
occurred, the Secretary shall--
``(i) issue a preliminary order providing
the relief prescribed by paragraph (3)(B); and
``(ii) provide a copy of the order to the
parties specified in subparagraph (C).
``(E) Objections.--Not later than 30 days after
receiving a notification under subparagraph (C), the
air carrier, contractor, or subcontractor alleged to
have committed a violation in a complaint filed under
this subsection or the complainant may file an
objection to the findings of an investigation conducted
under this paragraph or a preliminary order issued
under this paragraph and request a hearing on the
record. The filing of an objection under this
subparagraph shall not operate to stay any
reinstatement remedy contained in a preliminary order
issued under this paragraph.
``(F) Hearings.--A hearing requested under this
paragraph shall be conducted expeditiously.
``(G) Final order.--If no hearing is requested by
the date specified in subparagraph (E), a preliminary
order shall be considered to be a final order that is
not subject to judicial review.
``(3) Final order.--
``(A) Deadline for issuance; settlement
agreements.--
``(i) In general.--Not later than 120 days
after conclusion of a hearing under paragraph
(2), the Secretary of Labor shall issue a final
order that--
``(I) provides relief in accordance
with this paragraph; or
``(II) denies the complaint.
``(ii) Settlement agreement.--At any time
before issuance of a final order under this
paragraph, a proceeding under this subsection
may be terminated on the basis of a settlement
agreement entered into by the Secretary of
Labor, the complainant, and the air carrier,
contractor, or subcontractor alleged to have
committed the violation.
``(B) Remedy.--If, in response to a complaint filed
under paragraph (1), the Secretary of Labor determines
that a violation of subsection (a) has occurred, the
Secretary of Labor shall order the air carrier,
contractor, or subcontractor that the Secretary of
Labor determines to have committed the violation to--
``(i) take action to abate the violation;
``(ii) reinstate the complainant to the
former position of the complainant and ensure
the payment of compensation (including back
pay) and the restoration of terms, conditions,
and privileges associated with the employment;
and
``(iii) provide compensatory damages to the
complainant.
``(C) Costs of complaint.--If the Secretary of
Labor issues a final order that provides for relief in
accordance with this paragraph, the Secretary of Labor,
at the request of the complainant, shall assess against
the air carrier, contractor, or subcontractor named in
the order an amount equal to the aggregate amount of
all costs and expenses (including attorney and expert
witness fees) reasonably incurred by the complainant
(as determined by the Secretary of Labor) for, or in
connection with, the bringing of the complaint that
resulted in the issuance of the order.
``(D) Frivolous complaints.--If the Secretary of
Labor finds that a complaint brought under paragraph
(1) is frivolous or was brought in bad faith, the
Secretary of Labor may award to the prevailing employer
a reasonable attorney fee in an amount not to exceed
$5,000.
``(4) Review.--
``(A) Appeal to court of appeals.--
``(i) In general.--Not later than 60 days
after a final order is issued under paragraph
(3), a person adversely affected or aggrieved
by that order may obtain review of the order in
the United States court of appeals for the
circuit in which the violation allegedly occurred or the circuit in
which the complainant resided on the date of that violation.
``(ii) Requirements for judicial review.--A
review conducted under this paragraph shall be
conducted in accordance with chapter 7 of title
5. The commencement of proceedings under this
subparagraph shall not, unless ordered by the
court, operate as a stay of the order that is
the subject of the review.
``(B) Limitation on collateral attack.--An order
referred to in subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
``(5) Enforcement of order by secretary of labor.--
``(A) In general.--If an air carrier, contractor,
or subcontractor named in an order issued under
paragraph (3) fails to comply with the order, the
Secretary of Labor may file a civil action in the
United States district court for the district in which
the violation occurred to enforce that order.
``(B) Relief.--In any action brought under this
paragraph, the district court shall have jurisdiction
to grant any appropriate form of relief, including
injunctive relief and compensatory damages.
``(6) Enforcement of order by parties.--
``(A) Commencement of action.--A person on whose
behalf an order is issued under paragraph (3) may
commence a civil action against the air carrier,
contractor, or subcontractor named in the order to
require compliance with the order. The appropriate
United States district court shall have jurisdiction,
without regard to the amount in controversy or the
citizenship of the parties, to enforce the order.
``(B) Attorney fees.--In issuing any final order
under this paragraph, the court may award costs of
litigation (including reasonable attorney and expert
witness fees) to any party if the court determines that
the awarding of those costs is appropriate.
``(c) Mandamus.--Any nondiscretionary duty imposed by this section
shall be enforceable in a mandamus proceeding brought under section
1361 of title 28.
``(d) Nonapplicability To Deliberate Violations.--Subsection (a)
shall not apply with respect to an employee of an air carrier, or
contractor or subcontractor of an air carrier who, acting without
direction from the air carrier (or an agent, contractor, or
subcontractor of the air carrier), deliberately causes a violation of
any requirement relating to air carrier safety under this subtitle or
any other law of the United States.''.
(b) Conforming Amendment.--The chapter analysis for chapter 421 of
title 49, United States Code, is amended by adding at the end the
following:
``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
``42121. Protection of employees providing air safety information.''.
SEC. 3. CIVIL PENALTY.
Section 46301(a)(1)(A) of title 49, United States Code, is amended
by striking ``subchapter II of chapter 421'' and inserting ``subchapter
II or III of chapter 421''. | Aviation Safety Protection Act of 1996 - Amends Federal law regarding air commerce and safety to prescribe whistleblower protection guidelines for airline employees providing air safety information to the Federal government. Sets forth civil penalties for violation of such employees' protections. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Japan Export
Development and Technological Competitiveness Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the United States trade deficit with Japan of more than
$59,000,000,000 in 1993 and the worldwide Japanese current
account surplus of more than $131,000,000,000 are but two
measures of the unfair and chronically imbalanced state of
Japan's international economic relations;
(2) even more indicative of the closed nature of the
Japanese market to foreign products are statistics detailing
the marginal penetration of sales and investment in Japan by
foreign companies, particularly when compared to the
significant Japanese penetration of the United States market;
(3) although Japan is the second largest market for
manufactured goods in the industrialized world, in 1992,
according to the Japanese Ministry of International Trade and
Industry, only 1.2 percent of all sales and .9 percent of
assets in the Japanese economy were attributable to foreign
companies, with United States corporate affiliates accounting
for roughly .7 percent of total product sales and approximately
$89 per capita in inward direct investment;
(4) in contrast, in 1992 foreign corporate affiliates
accounted for almost 17 percent of all sales and 20 percent of
all assets in the United States economy, with an estimated 4.8
percent of total product sales and $594 per capita in
accumulated inward direct investment in the United States
coming from Japanese corporate affiliates, so that Japanese
corporate affiliates have a net sales and investment
penetration level in the United States that exceeds, by almost
7-fold on a per capita basis, that of United States corporate
affiliates in Japan;
(5) the majority of the blame for this highly unbalanced
situation rests with the Government of Japan, which has striven
through an intricate mixture of tariffs, controls, and domestic
regulations on the flow of goods and capital to, from, and
within Japan to keep foreign and Japanese entrepreneurs
desiring to do business in Japan from succeeding;
(6) today the market regulatory and interventionary
policies of the Japanese Government that intentionally or
unintentionally serve to keep foreign companies from doing
business in Japan must be removed to maintain the strength of
the United States-Japan relationship and to improve the growth
of the world economy;
(7) United States trade and trade promotion policies toward
Japan must also change to reflect post-Cold War priorities of
export expansion and technological competitiveness, the central
objective of which is to help United States companies become as
vital a part of the Japanese industrial system as Japanese
companies have become in the United States;
(8) one proven effective way in which the United States
Government can assist United States industry in overcoming
barriers to access in Japan, improve awareness of scientific
and technological developments in Japan, and facilitate greater
coordination between United States industry and the United
States Government in the making of trade and technology policy
is to promote the establishment of United States industrial and
service sector association representative offices in Japan;
(9) despite the very large potential for sales in Japan of
goods manufactured in the United States, because of the great
cost of establishing representative operations in Japan, only 3
nonagricultural United States industry associations have
created full-time offices in Japan (the auto parts,
electronics, and semiconductor industries) and all have relied
on the partial support of funding under the Market Development
Cooperator Program established under the Export Enhancement Act
of 1988; and
(10) the expedient expansion of the Market Development
Cooperator Program will have a significant impact on
facilitating greater United States exports to Japan and on
enhancing the awareness by United States industry of
competitive developments and opportunities in the Japanese
market.
TITLE I--MARKET DEVELOPMENT COOPERATOR PROGRAM
SEC. 101. EXPANSION OF THE MARKET DEVELOPMENT COOPERATOR PROGRAM IN
JAPAN.
(a) Authorization of Appropriations.--In addition to funds
otherwise available for such purpose, there are authorized to be
appropriated to the Department of Commerce for fiscal year 1995,
$3,000,000--
(1) to increase the number of United States manufacturing
and service sector industry associations in Japan participating
in the Market Development Cooperator Program established under
section 2303 of the Export Enhancement Act of 1988 (15 U.S.C.
4723); and
(2) to expand the trade promotion, technological
monitoring, and industry analysis activities undertaken before
the enactment of this Act by United States nonprofit
manufacturing and service trade associations in Japan.
(b) Reports on the Program.--Section 2303 of the Export Enhancement
Act of 1988 (15 U.S.C. 4723) is amended by adding at the end the
following:
``(e) Reports to Congress.--The Secretary of Commerce shall report
annually to the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and to the Committee on
Banking, Housing, and Urban Affairs and the Committee on Appropriations
of the Senate on the progress the Department of Commerce has made in
implementing the Market Development Cooperator Program and in
allocating funding to cooperator recipients in Japan.''.
TITLE II--UNITED STATES EXPORT DEVELOPMENT AND TECHNOLOGY CENTER IN
JAPAN
SEC. 201. SENSE OF CONGRESS.
(a) United States Trade Relations With Japan.--It is the sense of
the Congress that--
(1) in this post-Cold War era, promotion of equitable
economic relations with all trading partners and in particular
Japan must be given increased emphasis in the conduct of United
States foreign policy;
(2) working closely with industry, the United States
Government should endeavor to ensure that United States-owned
and operated companies are positioned adequately to take
advantage of opportunities for market entry and expansion in
Japan;
(3) technological developments in Japan should be followed
closely and analyzed for their ramifications on United States
industrial competitiveness and economic security;
(4) the United States Government should be in a better
position to support United States industry in disputes with the
Japanese Government and Japanese businesses and to publicize
the merits of United States products to the Japanese people;
and
(5) an Export Development and Technology Center established
in Tokyo would assist in accomplishing the goals set forth in
paragraphs (1) through (4) and could serve as a cornerstone of
a new United States constructive response to the Japanese
economic challenge.
(b) Purpose of Export Development and Technology Center.--It is
further the sense of the Congress that an Export Development and
Technology Center in Tokyo, Japan, should--
(1) embody a new United States Government-industry
partnership in expanding United States corporate penetration of
the Japanese market and in monitoring, analyzing, and
coordinating responses to Japanese scientific and technological
developments;
(2) provide a wide range of information to Japanese
consumers on the high costs of the Japanese standard of living
as compared to other industrialized nations, as well as on the
benefits to Japanese consumers of a more open, deregulated, and
transparent economy;
(3) correct misperceptions of United States products in the
Japanese media and publicize the negative impact of excessive
economic regulation by the Japanese Government on importers and
Japanese entrepreneurs;
(4) serve to create jobs in the United States and enhance
the competitiveness of the United States industrial base;
(5) help United States industries help themselves in the
provision of detailed knowledge and analysis of the Japanese
market and facilitate the promotion of their respective
concerns and interests to the Japanese Government, business
community, and public;
(6) improve the ability of the United States Government to
monitor Japanese scientific and technological developments
related to United States industrial competitiveness and
national security and centralize current efforts where
desirable;
(7) ensure that a common United States Government and
business community interest in increasing access for United
States made products to the Japanese market is visibly and
forthrightly promoted directly in Japan;
(8) contain offices for export-oriented United States
sectoral industry associations;
(9) contain a Government-operated science and technology
information and assessment facility designed to--
(A) centralize United States Government data
collection and analysis of sectoral, subsectoral, and
macro-trend developments in Japanese science and
technology; and
(B) ensure that science and technological
developments in Japan are monitored closely, formally
assessed for their implications to United States
industrial competitiveness, thoroughly catalogued, and
made available on-line in computerized form to United
States businesses; and
(10) provide office facilities for a portion of the foreign
office of the United States and Foreign Commercial Service in
Japan.
SEC. 202. FEASIBILITY STUDY ON THE ESTABLISHMENT OF A UNITED STATES
TRADE DEVELOPMENT AND TECHNOLOGY CENTER.
(a) Study.--The Secretary of Commerce shall conduct a study of the
feasibility and viability of establishing a United States Government-
owned and operated Export Development and Technology Center in Tokyo,
Japan, as described in section 201(b).
(b) Report.--The Secretary shall, not later than 180 days after the
date of the enactment of this Act, submit a report on the study
conducted under subsection (a) to the Committee on Foreign Affairs and
the Committee on Appropriations of the House of Representatives and to
the Committee on Banking, Housing, and Urban Affairs and the Committee
on Appropriations of the Senate.
(c) Solicitation of Views.--In conducting the study under
subsection (a), the Secretary of Commerce shall solicit the views of
the following individuals and groups regarding the desirability,
viability, and potential use of the proposed center:
(1) The Secretary of State, the Chairman of the National
Economic Council, the United States Trade Representative, the
Secretary of Defense, the Director of Central Intelligence, the
President of the National Science Foundation, and the head of
any other entity controlled or funded by the Government that
the Secretary of Commerce considers has relevant interests in
the establishment of an export development and technology
center in Japan.
(2) The Government of Japan.
(3) United States sectoral and multi-industry national
trade associations.
(4) Any other individuals, groups, or entities, public or
private, whose opinion the Secretary considers to be valuable
in conducting the study.
(d) Requirements for Report.--The report on the study shall include
an analysis of at least the following:
(1) The potential usefulness and desirability of the center
from the perspective of United States industry (as expressed to
the Secretary) and the United States Government.
(2) The possibility of expanding the Market Development
Cooperator Program of the Department of Commerce to extend
financial support to industry association participants in the
Center to help alleviate the costs of such participation.
(3) The possibility of requiring United States industry
participants in the center to engage in--
(A) promoting United States goods and services
among potential Japanese buyers; and
(B) monitoring, analyzing, and reporting on trade
and technological developments in Japanese industry,
and making such reports and the results of such
monitoring and analysis available to the United States
Government and the United States private sector.
(4) The possibility of requiring all industry advisory
staff at the center to possess significant recent expertise in
Japanese business and technology affairs.
(5) The possibility of requiring all industry
representative offices at the center to have at least one
senior staff member functionally fluent in Japanese language.
(6) The possibility of requiring all nonclerical personnel
to be United States citizens.
(7) The three best possible locations for the center
(ranked in order of desirability), and the possibility of
requiring that the primary building contractor of the center be
a United States-owned construction firm licensed to do business
in Japan.
(8) The possible management and oversight structure of the
center, including the possibility of having private sector
management and oversight with United States Government
participation.
(9) The total cost of the center, the possible cost to the
United States Government, and any cost-sharing or cost-saving
arrangements among private sector and Government participants.
(10) The concurrent establishment of a liaison facility in
Washington, DC, and the prospective requirements of such a
facility.
(11) The prospective architectural design of the center.
(12) The prospective design, construction, and operational
costs of the center.
(13) The possibility of the center containing--
(A) conference rooms and a small auditorium (80-100
persons) for conducting seminars and promotional
events; and
(B) a reference center and small library to provide
support services to building participants and
interested United States citizens.
(14) The security requirements of the center and possible
problems with compliance to United States Government laws,
rules, and regulations on security of government facilities. | TABLE OF CONTENTS:
Title I: Market Development Cooperator Program
Title II: United States Export Development and Technology
Center in Japan
United States-Japan Export Development and Technological Competitiveness Act of 1994 -
Title I: Market Development Coooperator Program
- Authorizes appropriations to the Department of Commerce for FY 1995 to: (1) increase the number of U.S. manufacturing and service sector industry associations in Japan participating in the Market Development Cooperator Program (MDCP); and (2) expand the existing trade promotion, technological monitoring, and industry analysis activities by U.S. nonprofit manufacturing and service trade associations there.
Amends the Export Enhancement Act of 1988 to require the Secretary of Commerce (Secretary) to report annually to specified congressional committees on the progress the Department of Commerce has made in implementing the MDCP and in allocating funding to cooperator recipients in Japan.
Title II: United States Export Development and Technology Center in Japan
- Expresses the sense of the Congress with respect to the establishment of an Export Development and Technology Center in Tokyo, Japan.
(Sec. 202) Requires the Secretary to study and report to specified congressional committees on the feasibility of establishing such center. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land Grants-Mercedes Conservation
Program Eligibility Act of 2017''.
SEC. 2. ELIGIBILITY FOR LAND GRANTS-MERCEDES.
(a) Definitions.--Section 1201(a) of the Food Security Act of 1985
(16 U.S.C. 3801(a)) is amended by redesignating paragraphs (17) through
(27) as paragraphs (18) through (28), respectively, and inserting after
paragraph (16) the following:
``(17) Land grant-merced.--The term `land grant-merced'
means a community, town, colony, or pueblo--
``(A) the land of which was granted by the
government of Spain or by the government of Mexico to--
``(i) the community, town, colony, or
pueblo; or
``(ii) a person for the purpose of founding
or establishing a community, town, colony, or
pueblo; or
``(B) that asserted title pursuant to the Treaty of
Guadalupe Hidalgo, through--
``(i) the Office of the Surveyor General
for New Mexico established pursuant to the Act
of July 22, 1854 (Chapter 103; 10 Stat. 308);
or
``(ii) the United States Court of Private
Land Claims established by the Act of March 3,
1891 (Chapter 539; 26 Stat. 854) (commonly
known as the Court of Private Land Claims
Act).''.
(b) Alternative Funding Arrangements for Land Grants-Mercedes.--
Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is
amended by adding at the end the following:
``(m) Alternative Funding Arrangements for Land Grants-Mercedes.--
``(1) Alternative funding arrangements.--Notwithstanding
section 1001(f)(6), the Secretary may enter into an alternative
funding arrangement under any conservation program administered
by the Secretary with a land grant-merced if the Secretary
determines that--
``(A) the goals and objectives of the applicable
program will be met by the arrangement; and
``(B) statutory limitations regarding contracts
with individual producers will not be exceeded by any
member of the land grant-merced.
``(2) Technical and administrative assistance.--The
Secretary may provide technical and administrative assistance,
as mutually agreed by the parties, under an alternative funding
arrangement entered into under paragraph (1).''.
(c) Conforming Amendments.--
(1) Definitions.--Section 1201(a)(18)(B) of the Food
Security Act of 1985 (16 U.S.C. 3801(a)(18)(B)) is amended by
inserting ``land grant-merced,'' after ``Indian tribe,''.
(2) Conservation stewardship program.--Section 1238G(f) of
the Food Security Act of 1985 (16 U.S.C. 3838g(f)) is amended
by inserting ``or land grants-mercedes'' after ``Indian
tribes''.
(3) Administrative requirements for conservation
programs.--Section 1244(a) of the Food Security Act of 1985 (16
U.S.C. 3844(a)) is amended--
(A) in the subsection header, by inserting ``and
Land Grants-Mercedes'' after ``Indian Tribes''; and
(B) by adding at the end of paragraph (2) the
following:
``(G) Land grants-mercedes.''.
(4) Agricultural conservation easement program.--Subtitle H
of title XII of the Food Security Act of 1985 (16 U.S.C. 3865
et seq.) is amended--
(A) in section 1265A(2)(A), by striking ``or an
Indian tribe'' and inserting ``, or an Indian tribe or
land grant-merced,'';
(B) in section 1265C--
(i) in subsection (b)(1)(D), by inserting
``and land grants-mercedes'' after ``Indian
tribes'';
(ii) in subsection (d)(2), by striking ``or
Indian tribe'' and inserting ``Indian tribe, or
land grant-merced''; and
(iii) in subsection (e), by striking ``or
Indian tribe'' and inserting ``Indian tribe, or
land grant-merced''; and
(C) in section 1265D(a)(2), by adding ``, other
than land of a land grant-merced'' before the
semicolon.
(5) Regional conservation partnership program.--Section
1271A(4) of the Food Security Act of 1985 (16 U.S.C. 3871a(4))
is amended by adding at the end the following:
``(I) A land grant-merced.''. | Land Grants-Mercedes Conservation Program Eligibility Act of 2017 This bill amends the Food Security Act of 1985 to authorize the Department of Agriculture (USDA) to enter into an alternative funding arrangement under any USDA conservation program with a land grant-merced. A land grant-merced is a community, town, colony, or pueblo that: (1) includes certain land granted by Mexico or Spain; or (2) asserted title pursuant to the Treaty of Guadalupe Hidalgo, through the Office of the Surveyor General for New Mexico or the U.S. Court of Private Land Claims. (An alternative funding arrangement allows a land grant-merced to receive assistance directly from the conservation programs.) USDA may also provide technical and administrative assistance under the alternative funding arrangement. USDA may enter into an arrangement if: (1) the goals and objectives of the applicable conservation program will be met by the arrangement, and (2) statutory limitations regarding contracts with individual producers will not be exceeded by any member of the land grant-merced. | billsum_train |
Summarize the following text: SECTION 1. CERTAIN ENTRIES OF AQUASCAPE RELAXATION BUBBLE LIGHTS.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
date of the enactment of this Act--
(1) reliquidate each entry described in subsection (c)
containing any merchandise which, at the time of original
liquidation, had been classified under subheading 9405.40.80 of
the Harmonized Tariff Schedule of the United States; and
(2) make such reliquidation at the rate of duty that would
have been applicable to such merchandise if the merchandise had
been liquidated under subheading 8543.89.96 of such Schedule on
the date of entry of the merchandise.
(b) Refund of Amounts Owed.--Any amounts owed by the United States
under subsection (a) shall be refunded with interest.
(c) Affected Entries.--The entries referred to in subsection (a)
are as follows:
Entry number Date of entry Date of liquidation Port
101-4186364-6 11/20/00 10/05/01 Detroit
101-4186353-9 11/20/00 10/05/01 Detroit
101-4186322-4 11/20/00 10/05/01 Detroit
101-4186371-1 11/20/00 10/05/01 Detroit
101-4186358-8 11/20/00 10/05/01 Detroit
101-4186385-1 11/20/00 10/05/01 Detroit
101-4186382-8 11/20/00 10/05/01 Detroit
101-4189666-1 11/20/00 10/05/01 Detroit
101-4189655-4 11/20/00 10/05/01 Detroit
101-4189658-8 11/20/00 10/05/01 Detroit
101-4189640-6 11/21/00 10/05/01 Detroit
101-4183436-5 11/22/00 10/05/01 Detroit
101-4192528-8 11/22/00 10/05/01 Detroit
101-4192524-7 11/22/00 10/05/01 Detroit
101-4192509-8 11/22/00 10/05/01 Detroit
101-4192503-1 11/22/00 10/05/01 Detroit
101-4189490-6 11/22/00 10/05/01 Detroit
101-4192545-2 11/27/00 10/12/01 Detroit
101-4192732-6 11/27/00 10/12/01 Detroit
101-4192564-1 11/27/00 10/12/01 Detroit
101-4192559-3 11/27/00 10/12/01 Detroit
101-4189498-9 11/27/00 10/12/01 Detroit
101-4189484-9 11/27/00 10/12/01 Detroit
101-4195780-2 11/28/00 10/12/01 Detroit
101-4189503-6 11/28/00 10/12/01 Detroit
101-4195773-7 11/30/00 10/12/01 Detroit
101-4192716-9 11/30/00 10/12/01 Detroit
101-4195869-3 12/07/00 10/19/01 Detroit
101-4195801-6 12/07/00 10/19/01 Detroit
101-4200581-7 12/13/00 10/26/01 Detroit
101-4190125-5 11/20/00 10/05/01 New York
101-4196565-6 11/29/00 10/12/01 Los Angeles
101-4196592-0 11/29/00 10/12/01 Los Angeles
101-4196576-2 11/29/00 10/12/01 Los Angeles
101-4196584-7 11/29/00 10/12/01 Los Angeles
101-4197560-6 12/01/00 10/12/01 Los Angeles
101-4197534-1 12/01/00 10/12/01 Los Angeles
101-4197529-1 12/01/00 10/12/01 Los Angeles
101-4197012-8 12/01/00 10/12/01 Los Angeles
101-4197007-8 12/01/00 10/12/01 Los Angeles
101-4197003-7 12/01/00 10/12/01 Los Angeles
101-4197569-1 12/01/00 10/12/01 Los Angeles
101-4197572-1 12/01/00 10/12/01 Los Angeles
101-4197610-9 12/01/00 10/12/01 Los Angeles
101-4197566-3 12/01/00 10/12/01 Los Angeles
101-4197612-5 12/01/00 10/12/01 Los Angeles
101-4197608-3 12/01/00 10/12/01 Los Angeles
101-4197605-9 12/01/00 10/12/01 Los Angeles
101-4197602-6 12/01/00 10/12/01 Los Angeles
101-4197598-6 12/01/00 10/12/01 Los Angeles
101-4197594-5 12/01/00 10/12/01 Los Angeles
101-4197593-7 12/01/00 10/12/01 Los Angeles
101-4197586-1 12/01/00 10/12/01 Los Angeles
101-4197580-4 12/01/00 10/12/01 Los Angeles
101-4197866-7 12/02/00 10/12/01 Los Angeles
101-4197861-8 12/02/00 10/12/01 Los Angeles
101-4197854-3 12/02/00 10/12/01 Los Angeles
101-4197837-8 12/02/00 10/12/01 Los Angeles
101-4197832-9 12/02/00 10/12/01 Los Angeles
101-4197828-7 12/02/00 10/12/01 Los Angeles
101-4197821-2 12/02/00 10/12/01 Los Angeles
101-4197814-7 12/02/00 10/12/01 Los Angeles
101-4290942-2 06/11/01 04/26/02 Los Angeles
101-4290950-5 06/11/01 04/26/02 Los Angeles
101-4290958-8 06/11/01 04/26/02 Los Angeles
101-4292986-7 06/14/01 04/26/02 Los Angeles
101-4290933-1 06/14/01 04/26/02 Los Angeles
101-4292927-1 06/14/01 04/26/02 Los Angeles
101-4292977-6 06/14/01 04/26/02 Los Angeles
101-4292998-2 06/14/01 04/26/02 Los Angeles
101-4292949-5 06/14/01 04/26/02 Los Angeles
101-4293850-4 06/15/01 04/26/02 Los Angeles
101-4293843-9 06/16/01 04/26/02 Los Angeles
101-4304621-6 07/18/01 05/31/02 Los Angeles
101-4304625-7 07/18/01 05/31/02 Los Angeles
101-4304635-6 07/18/01 05/31/02 Los Angeles
101-4304639-8 07/18/01 05/31/02 Los Angeles
101-4304642-2 07/18/01 05/31/02 Los Angeles
101-4304646-3 07/18/01 05/31/02 Los Angeles
101-4305972-2 07/19/01 05/31/02 Los Angeles
101-4305717-1 07/19/01 05/31/02 Los Angeles
101-4305983-9 07/19/01 05/31/02 Los Angeles
101-4305990-4 07/19/01 05/31/02 Los Angeles
101-4306202-3 07/19/01 05/31/02 Los Angeles
101-4306209-8 07/19/01 05/31/02 Los Angeles
101-4306215-5 07/19/01 05/31/02 Los Angeles
101-4306229-5 07/19/01 05/31/02 Los Angeles
101-4306526-5 07/23/01 06/07/02 Los Angeles
101-4306956-4 07/23/01 06/07/02 Los Angeles
101-4307074-5 07/23/01 06/07/02 Los Angeles
101-4307082-8 07/23/01 06/07/02 Los Angeles
101-4307089-3 07/23/01 06/07/02 Los Angeles
101-4306264-3 07/23/01 06/07/02 Los Angeles
101-4306271-8 07/23/01 06/07/02 Los Angeles
101-4306266-8 07/23/01 06/07/02 Los Angeles
101-4309073-5 07/30/01 06/14/02 Los Angeles
101-4309081-8 07/30/01 06/14/02 Los Angeles
101-4309088-3 07/30/01 06/14/02 Los Angeles
101-4296490-6 06/27/01 05/10/02 Memphis
101-4296494-8 06/27/01 05/10/02 Memphis
101-4296484-9 06/27/01 05/10/02 Memphis
101-4297007-7 07/01/01 05/17/02 Memphis
101-4299853-2 07/02/01 05/17/02 Memphis
101-4299857-3 07/03/01 05/17/02 Memphis
101-4299852-7 07/04/01 05/17/02 Memphis
101-4299849-0 07/05/01 05/17/02 Memphis
101-4305085-3 07/18/01 05/31/02 Memphis
101-4305687-6 07/23/01 06/07/02 Memphis
101-4305691-8 07/25/01 06/07/02 Memphis
101-4310232-4 08/06/01 06/21/02 Memphis
101-4310244-9 08/06/01 06/21/02 Memphis
101-4310264-7 08/06/01 06/21/02 Memphis
101-4301900-7 07/05/01 05/17/02 Kansas City
101-4295391-7 06/27/01 05/10/02 Baltimore
101-4301912-2 07/07/01 05/17/02 Cleveland
101-4307147-9 07/27/01 06/07/02 Cleveland
101-4297779-1 06/22/01 05/03/02 Detroit
101-4298131-4 06/27/01 05/10/02 Detroit
101-4298139-7 06/27/01 05/10/02 Detroit
101-4298156-1 06/27/01 05/10/02 Detroit
101-4298163-7 06/27/01 05/10/02 Detroit
101-4299867-2 07/05/01 05/17/02 Detroit
101-4299850-8 07/05/01 05/17/02 Detroit
101-4299967-0 07/05/01 05/17/02 Detroit
101-4306298-1 07/30/01 06/14/02 Detroit
101-4301497-4 07/14/01 05/24/02 Norfolk
101-4304076-3 07/10/01 05/24/02 Chicago | Directs the Bureau of Customs and Border Protection to: (1) reliquidate certain entries of aquascape relaxation bubble lights; (2) make such reliquidation at the rate of duty that would have been applicable to such merchandise if it had been liquidated under a specified subheading of the Harmonized Tariff Schedule of the United States on its date of entry; and (3) refund any amounts owed with interest. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Entrepreneurship
Development Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 2005, the African American unemployment rate was 9.5
percent and the Hispanic American unemployment rate was 6
percent, well above the national average of 4.7 percent;
(2) Hispanic Americans represent 12.5 percent of the United
States population and approximately 6 percent of all United
States businesses;
(3) African Americans account for 12.3 percent of the
population and only 4 percent of all United States businesses;
(4) Native Americans account for approximately 1 percent of
the population and .9 percent of all United States businesses;
(5) entrepreneurship has proven to be an effective tool for
economic growth and viability of all communities;
(6) minority-owned businesses are a key ingredient for
economic development in the community, an effective tool for
creating lasting and higher-paying jobs, and a source of wealth
in the minority community; and
(7) between 1987 and 1997, revenue from minority-owned
firms rose by 22.5 percent, an increase equivalent to an annual
growth rate of 10 percent, and employment opportunities within
minority-owned firms increased by 23 percent.
SEC. 3. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``eligible association or organization'' means
an association or organization that--
(A) is--
(i) a national minority business
association organized in accordance with
section 501(c)(6) of the Internal Revenue Code
of 1986; or
(ii) a foundation of national minority
business associations organized in accordance
with section 501(c)(3) of the Internal Revenue
Code of 1986;
(B) has a well established national network of
local chapters, or a proven national membership; and
(C) has been in existence for at least the 10-year
period before the date of awarding a grant under
section 6;
(3) the term ``eligible educational institution'' means an
institution that is--
(A) a public or private institution of higher
education (including any land-grant college or
university, any college or school of business,
engineering, commerce, or agriculture, or community
college or junior college) or any entity formed by 2 or
more institutions of higher education; and
(B) a--
(i) historically Black college;
(ii) Hispanic-serving institution; or
(iii) tribal college;
(4) the term ``historically Black college'' means a part B
institution, as that term is defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061);
(5) the term ``Hispanic-serving institution'' has the
meaning given that term in section 502 of the Higher Education
Act of 1965 (20 U.S.C. 1101a);
(6) the term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1101)
(7) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 532);
(8) the term ``small business development center'' has the
meaning given that term in section 21 of the Small Business Act
(15 U.S.C. 648); and
(9) the term ``tribal college'' has the same meaning as the
term ``tribally controlled college or university'' under
section 2(a)(4) of the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).
SEC. 4. MINORITY SMALL BUSINESS DEVELOPMENT.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 37 as section 38; and
(2) by inserting after section 36 the following:
``SEC. 37. MINORITY SMALL BUSINESS DEVELOPMENT.
``(a) Office of Minority Small Business Development.--There is
established in the Administration an Office of Minority Small Business
Development, which shall be administered by the Associate Administrator
for Minority Small Business Development appointed under section 4(b)(1)
(in this section referred to as the `Associate Administrator').
``(b) Associate Administrator for Minority Small Business
Development.--The Associate Administrator shall--
``(1) be--
``(A) an appointee in the Senior Executive Service
who is a career appointee; or
``(B) an employee in the competitive service;
``(2) be responsible for the formulation, execution, and
promotion of policies and programs of the Administration that
provide assistance to small business concerns owned and
controlled by minorities;
``(3) act as an ombudsman for full consideration of
minorities in all programs of the Administration (including
those under section 7(j) and 8(a));
``(4) work with the Associate Deputy Administrator for
Capital Access of the Administration to increase the proportion
of loans and loan dollars, and investments and investment
dollars, going to minorities through the finance programs under
this Act and the Small Business Investment Act of 1958
(including subsections (a), (b), and (m) of section 7 of this
Act and the programs under title V and parts A and B of title
III of the Small Business Investment Act of 1958);
``(5) work with the Associate Deputy Administrator for
Entrepreneurial Development of the Administration to increase
the proportion of counseling and training that goes to
minorities through the entrepreneurial development programs of
the Administration;
``(6) work with the Associate Deputy Administrator for
Government Contracting and Minority Enterprise Development of
the Administration to increase the proportion of contracts,
including through the Small Business Innovation Research
Program and the Small Business Technology Transfer Program, to
minorities;
``(7) work with the partners of the Administration, trade
associations, and business groups to identify and carry out
policies and procedures to more effectively market the
resources of the Administration to minorities;
``(8) work with the Office of Field Operations of the
Administration to ensure that district offices and regional
offices have adequate staff, funding, and other resources to
market the programs of the Administration to meet the
objectives described in paragraphs (4) through (7); and
``(9) report to and be responsible directly to the
Administrator.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $5,000,000 for fiscal year 2007;
``(2) $5,000,000 for fiscal year 2008; and
``(3) $5,000,000 for fiscal year 2009.''.
(b) Conforming Amendments.--Section 4(b)(1) of the Small Business
Act (15 U.S.C. 633(b)(1)) is amended in the sixth sentence, by striking
``Minority Small Business and Capital Ownership Development'' and all
that follows through the end of the sentence and inserting ``Minority
Small Business Development.''.
SEC. 5. MINORITY ENTREPRENEURSHIP AND INNOVATION PILOT PROGRAM OF 2006.
(a) In General.--The Administrator may make grants to eligible
educational institutions--
(1) to assist in establishing an entrepreneurship
curriculum for undergraduate or graduate studies; and
(2) for placement of a small business development center on
the physical campus of the institution.
(b) Use of Funds.--
(1) Curriculum requirement.--
(A) In general.--An eligible educational
institution receiving a grant under this section shall
develop a curriculum that includes training in various
skill sets needed by successful entrepreneurs,
including--
(i) business management and marketing,
financial management and accounting, market
analysis and competitive analysis, and
innovation and strategic planning; and
(ii) additional entrepreneurial skill sets
specific to the needs of the student population
and the surrounding community, as determined by
the institution.
(B) Focus.--The focus of the curriculum developed
under this paragraph shall be to help students in non-
business majors develop the tools necessary to use
their area of expertise as entrepreneurs.
(2) Small business development center requirement.--Each
eligible educational institution receiving a grant under this
section shall open a small business development center that--
(A) performs studies, research, and counseling
concerning the managing, financing, and operation of
small business concerns;
(B) performs management training and provides
technical assistance regarding small business concern
participation in international markets, export
promotion and technology transfer, and the delivery or
distribution of such services and information;
(C) offers referral services for entrepreneurs and
small business concerns to business development,
financing, and legal experts; and
(D) promotes market-specific innovation, niche
marketing, capacity building, international trade, and
strategic planning as keys to long term growth for its
small business concern and entrepreneur clients.
(c) Grant Awards.--
(1) In general.--The Administrator may not award a grant
under this section to a single eligible educational
institution--
(A) in excess of $1,000,000 in any fiscal year; or
(B) for a term of more than 2 years.
(2) Limitation on use of funds.--Funds made available under
this section may not be used for--
(A) any purpose other than those associated with
the direct costs incurred by the eligible educational
institution to--
(i) develop and implement the curriculum
described in subsection (b)(1); or
(ii) organize and operate a small business
development center, as described in subsection
(b)(2); or
(B) building expenses, administrative travel
budgets, or other expenses not directly related to the
costs described in subparagraph (A).
(d) Matching Not Required.--Subparagraphs (A) and (B) of section
21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall not
apply to a grant made under this section.
(e) Report.--
(1) In general.--Not later than November 1 of each year in
which funds are made available for grants under this section,
the Associate Administrator of Entrepreneurial Development of
the Administration shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives, a report
evaluating the success of the program under this section during
the preceding fiscal year.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) a description of each entrepreneurship program
developed with grant funds, the date of the award, and
the number of participants in each such program;
(B) the number of small business assisted through
the small business development center with grant funds;
and
(C) data regarding the economic impact of the small
business development center counseling provided with
grant funds.
(f) Authorization of Appropriation.--There are authorized to be
appropriated to carry out this section $24,000,000 for each of fiscal
years 2007 through 2009, to remain available until expended.
(g) Limitation on Use of Other Funds.--The Administrator shall
carry out this section only with amounts appropriated in advance
specifically to carry out this section.
SEC. 6. MINORITY ACCESS TO INFORMATION DISTANCE LEARNING PILOT PROGRAM
OF 2006.
(a) In General.--The Administrator may make grants to eligible
associations and organizations to--
(1) assist in establishing the technical capacity to
provide online or distance learning for businesses seeking to
contract with the Federal Government;
(2) develop curriculum for seminars that will provide
businesses with the technical expertise to contract with the
Federal government; and
(3) provide training and technical expertise through
distance learning at low cost, or no cost, to participant
business owners and other interested parties.
(b) Use of Funds.--An eligible association or organization
receiving a grant under this section shall develop a curriculum that
includes training in various areas needed by the owners of small
business concerns to successfully contract with the Federal Government,
which may include training in accounting, marketing to the Federal
Government, applying for Federal certifications, use of offices of
small and disadvantaged businesses, procurement conferences, the scope
of Federal procurement contracts, and General Services Administration
schedules.
(c) Grant Awards.--
(1) In general.--The Administrator may not award a grant
under this section to a single eligible association or
organization--
(A) in excess of $250,000 in any fiscal year; or
(B) for a term of more than 2 years.
(2) Limitation on use of funds.--Funds made available under
this section may not be used--
(A) for any purpose other than those associated
with the direct costs incurred by the eligible
association or organization to develop the curriculum
described in subsection (b); or
(B) for building expenses, administrative travel
budgets, or other expenses not directly related to the
costs described in subparagraph (A).
(d) Matching Not Required.--Subparagraphs (A) and (B) of section
21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall not
apply to a grant made under this section.
(e) Report.--
(1) In general.--Not later than November 1 of each year,
the Associate Administrator of Entrepreneurial Development of
the Administration shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives, a report
evaluating the success of the program under this section during
the preceding fiscal year.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) a description of each distance learning program
developed with grant funds under this section, the date
of the award, and the number of participants in each
program; and
(B) data regarding the economic impact of the
distance learning technical assistance provided with
such grant funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2007 through 2009, to remain available until expended.
(g) Limitation on Use of Other Funds.--The Administrator shall
carry out this section only with amounts appropriated in advance
specifically to carry out this section.
SEC. 7. EXTENSION OF SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS
PROGRAM.
(a) In General.--Section 7102(c) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended by striking
``September 30, 2003'' and inserting ``September 30, 2009''.
(b) Effective Date.--The amendment made by this section shall take
effect 30 days after the date of enactment of this Act. | Minority Entrepreneurship Development Act of 2006 - Amends the Small Business Act to establish within the Small Business Administration (SBA) an Office of Minority Small Business Development to, among other things, formulate, execute, and promote SBA policies and programs that provide assistance to small businesses owned and controlled by minorities.
Authorizes the SBA Administrator to make grants to eligible educational institutions: (1) to assist in establishing an entrepreneurship curriculum for undergraduate or graduate studies; and (2) for the placement of a small business development center on the campus of the institution.
Authorizes the Administrator to make grants to eligible associations and organizations to: (1) assist in establishing the technical capacity to provide online or distance learning for businesses seeking to contract with the federal government; (2) develop curriculum for seminars that will provide businesses with the technical expertise for such contracting; and (3) provide training and technical expertise through distance learning to participant business owners and other interested parties.
Amends the Federal Acquisition Streamlining Act of 1994 to extend through FY2009 the socially and economically disadvantaged business program. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multidistrict, Multiparty,
Multiforum Trial Jurisdiction Act of 2001''.
SEC. 2. MULTIDISTRICT LITIGATION.
Section 1407 of title 28, United States Code, is amended--
(1) in the third sentence of subsection (a), by inserting
``or ordered transferred to the transferee or other district
under subsection (i)'' after ``terminated''; and
(2) by adding at the end the following new subsection:
``(i)(1) Subject to paragraph (2) and except as provided in
subsection (j), any action transferred under this section by the panel
may be transferred for trial purposes, by the judge or judges of the
transferee district to whom the action was assigned, to the transferee
or other district in the interest of justice and for the convenience of
the parties and witnesses.
``(2) Any action transferred for trial purposes under paragraph (1)
shall be remanded by the panel for the determination of compensatory
damages to the district court from which it was transferred, unless the
court to which the action has been transferred for trial purposes also
finds, for the convenience of the parties and witnesses and in the
interests of justice, that the action should be retained for the
determination of compensatory damages.''.
SEC. 3. MULTIPARTY, MULTIFORUM JURISDICTION OF DISTRICT COURTS.
(a) Basis of Jurisdiction.--
(1) In general.--Chapter 85 of title 28, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1369. Multiparty, multiforum jurisdiction
``(a) In General.--The district courts shall have original
jurisdiction of any civil action involving minimal diversity between
adverse parties that arises from a single accident, where at least 25
natural persons have either died or incurred injury in the accident at
a discrete location and, in the case of injury, the injury has resulted
in damages which exceed $150,000 per person, exclusive of interest and
costs, if--
``(1) a defendant resides in a State and a substantial part
of the accident took place in another State or other location,
regardless of whether that defendant is also a resident of the
State where a substantial part of the accident took place;
``(2) any two defendants reside in different States,
regardless of whether such defendants are also residents of the
same State or States; or
``(3) substantial parts of the accident took place in
different States.
``(b) Limitation of Jurisdiction of District Courts.--The district
court shall abstain from hearing any civil action described in
subsection (a) in which--
``(1) the substantial majority of all plaintiffs are
citizens of a single State of which the primary defendants are
also citizens; and
``(2) the claims asserted will be governed primarily by the
laws of that State.
``(c) Special Rules and Definitions.--For purposes of this
section--
``(1) minimal diversity exists between adverse parties if
any party is a citizen of a State and any adverse party is a
citizen of another State, a citizen or subject of a foreign
state, or a foreign state as defined in section 1603(a) of this
title;
``(2) a corporation is deemed to be a citizen of any State,
and a citizen or subject of any foreign state, in which it is
incorporated or has its principal place of business, and is
deemed to be a resident of any State in which it is
incorporated or licensed to do business or is doing business;
``(3) the term `injury' means--
``(A) physical harm to a natural person; and
``(B) physical damage to or destruction of tangible
property, but only if physical harm described in
subparagraph (A) exists;
``(4) the term `accident' means a sudden accident, or a
natural event culminating in an accident, that results in death
or injury incurred at a discrete location by at least 25
natural persons; and
``(5) the term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
``(d) Intervening Parties.--In any action in a district court which
is or could have been brought, in whole or in part, under this section,
any person with a claim arising from the accident described in
subsection (a) shall be permitted to intervene as a party plaintiff in
the action, even if that person could not have brought an action in a
district court as an original matter.
``(e) Notification of Judicial Panel on Multidistrict Litigation.--
A district court in which an action under this section is pending shall
promptly notify the judicial panel on multidistrict litigation of the
pendency of the action.''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 85 of title 28, United States Code, is
amended by adding at the end the following new item:
``1369. Multiparty, multiforum jurisdiction.''.
(b) Venue.--Section 1391 of title 28, United States Code, is
amended by adding at the end the following:
``(g) A civil action in which jurisdiction of the district court is
based upon section 1369 of this title may be brought in any district in
which any defendant resides or in which a substantial part of the
accident giving rise to the action took place.''.
(c) Multidistrict Litigation.--Section 1407 of title 28, United
States Code, as amended by section 2 of this Act, is further amended by
adding at the end the following:
``(j)(1) In actions transferred under this section when
jurisdiction is or could have been based, in whole or in part, on
section 1369 of this title, the transferee district court may,
notwithstanding any other provision of this section, retain actions so
transferred for the determination of liability and punitive damages. An
action retained for the determination of liability shall be remanded to
the district court from which the action was transferred, or to the
State court from which the action was removed, for the determination of
damages, other than punitive damages, unless the court finds, for the
convenience of parties and witnesses and in the interest of justice,
that the action should be retained for the determination of damages.
``(2) Any remand under paragraph (1) shall not be effective until
60 days after the transferee court has issued an order determining
liability and has certified its intention to remand some or all of the
transferred actions for the determination of damages. An appeal with
respect to the liability determination of the transferee court may be
taken during that 60-day period to the court of appeals with appellate
jurisdiction over the transferee court. In the event a party files such
an appeal, the remand shall not be effective until the appeal has been
finally disposed of. Once the remand has become effective, the
liability determination shall not be subject to further review by
appeal or otherwise.
``(3) An appeal with respect to determination of punitive damages
by the transferee court may be taken, during the 60-day period
beginning on the date the order making the determination is issued, to
the court of appeals with jurisdiction over the transferee court.
``(4) Any decision under this subsection concerning remand for the
determination of damages shall not be reviewable by appeal or
otherwise.
``(5) Nothing in this subsection shall restrict the authority of
the transferee court to transfer or dismiss an action on the ground of
inconvenient forum.''.
(d) Removal of Actions.--Section 1441 of title 28, United States
Code, is amended--
(1) in subsection (e) by striking ``(e) The court to which
such civil action is removed'' and inserting ``(f) The court to
which a civil action is removed under this section''; and
(2) by inserting after subsection (d) the following new
subsection:
``(e)(1) Notwithstanding the provisions of subsection (b) of this
section, a defendant in a civil action in a State court may remove the
action to the district court of the United States for the district and
division embracing the place where the action is pending if--
``(A) the action could have been brought in a United States
district court under section 1369 of this title; or
``(B) the defendant is a party to an action which is or
could have been brought, in whole or in part, under section
1369 in a United States district court and arises from the same
accident as the action in State court, even if the action to be
removed could not have been brought in a district court as an
original matter.
The removal of an action under this subsection shall be made in
accordance with section 1446 of this title, except that a notice of
removal may also be filed before trial of the action in State court
within 30 days after the date on which the defendant first becomes a
party to an action under section 1369 in a United States district court
that arises from the same accident as the action in State court, or at
a later time with leave of the district court.
``(2) Whenever an action is removed under this subsection and the
district court to which it is removed or transferred under section
1407(j) has made a liability determination requiring further
proceedings as to damages, the district court shall remand the action
to the State court from which it had been removed for the determination
of damages, unless the court finds that, for the convenience of parties
and witnesses and in the interest of justice, the action should be
retained for the determination of damages.
``(3) Any remand under paragraph (2) shall not be effective until
60 days after the district court has issued an order determining
liability and has certified its intention to remand the removed action
for the determination of damages. An appeal with respect to the
liability determination of the district court may be taken during that
60-day period to the court of appeals with appellate jurisdiction over
the district court. In the event a party files such an appeal, the
remand shall not be effective until the appeal has been finally
disposed of. Once the remand has become effective, the liability
determination shall not be subject to further review by appeal or
otherwise.
``(4) Any decision under this subsection concerning remand for the
determination of damages shall not be reviewable by appeal or
otherwise.
``(5) An action removed under this subsection shall be deemed to be
an action under section 1369 and an action in which jurisdiction is
based on section 1369 of this title for purposes of this section and
sections 1407, 1697, and 1785 of this title.
``(6) Nothing in this subsection shall restrict the authority of
the district court to transfer or dismiss an action on the ground of
inconvenient forum.''.
(e) Service of Process.--
(1) Other than subpoenas.--(A) Chapter 113 of title 28,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1697. Service in multiparty, multiforum actions
``When the jurisdiction of the district court is based in whole or
in part upon section 1369 of this title, process, other than subpoenas,
may be served at any place within the United States, or anywhere
outside the United States if otherwise permitted by law.''.
(B) The table of sections at the beginning of chapter 113
of title 28, United States Code, is amended by adding at the
end the following new item:
``1697. Service in multiparty, multiforum actions.''.
(2) Service of subpoenas.--(A) Chapter 117 of title 28,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1785. Subpoenas in multiparty, multiforum actions
``When the jurisdiction of the district court is based in whole or
in part upon section 1369 of this title, a subpoena for attendance at a
hearing or trial may, if authorized by the court upon motion for good
cause shown, and upon such terms and conditions as the court may
impose, be served at any place within the United States, or anywhere
outside the United States if otherwise permitted by law.''.
(B) The table of sections at the beginning of chapter 117
of title 28, United States Code, is amended by adding at the
end the following new item:
``1785. Subpoenas in multiparty, multiforum actions.''.
SEC. 4. EFFECTIVE DATE.
(a) Section 2.--The amendments made by section 2 shall apply to any
civil action pending on or brought on or after the date of the
enactment of this Act.
(b) Section 3.--The amendments made by section 3 shall apply to a
civil action if the accident giving rise to the cause of action
occurred on or after the 90th day after the date of the enactment of
this Act.
Passed the House of Representatives March 14, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Multidistrict, Multiparty, Multiforum Trial Jurisdiction Act of 2001 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages, unless the court also finds that the action should be retained for the determination of compensatory damages for the convenience of the parties and witnesses and in the interests of justice.Grants Federal district courts original jurisdiction over civil actions arising out of a single accident that results in the death or injury of 25 or more natural persons, provided the injury has resulted in damages which exceed $150,000 per person and minimal diversity of citizenship (as prescribed in this Act) exists. Directs the district court to abstain from hearing any such action in which: (1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State. Permits any person with a claim arising from such an accident to intervene as a party plaintiff, even if that person could not have brought an action in district court as an original matter. Requires a federal district court in which such an action is pending to notify the judicial panel on multidistrict litigation. Authorizes venue for such action in any district in which a defendant resides or in which a substantial part of the accident occurred.Permits a district court to retain such actions for the determination of liability and punitive damages. Calls for remand of determinations of damages other than punitive damages, including the possibility of remand to State courts in which actions were originally filed, unless the Federal court finds that it would serve the convenience of parties and witnesses and the interests of justice to retain the action for the determination of such damages as well.Permits removal of actions which could have been brought in district court under the above provisions from State to U.S. district courts. Authorizes removal before trial within 30 days of a defendant's becoming a party to a suit under this Act, or at a later time with leave of the district court. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability.Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act. | billsum_train |
Provide a summary of the following text: SECTION 1. INCLUSION OF MEDICARE ELIGIBLE COVERED BENEFICIARIES IN
FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1079 the following new section:
``Sec. 1079a. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management under which covered
beneficiaries described in subsection (b) will be offered an
opportunity to enroll in a health benefits plan offered through the
Federal Employee Health Benefits program under chapter 89 of title 5,
in lieu of receiving care under this chapter in treatment facilities of
the uniformed services or through the Civilian Health and Medical
Program of the Uniformed Services or the TRICARE program. The agreement
may provide for limitations on enrollment of covered beneficiaries in
the Federal Employee Health Benefits program if the Office of Personnel
Management determines the limitations are necessary to allow for
adequate planning for access for services under Federal Employee Health
Benefits program.
``(b) Eligible Covered Beneficiaries.--A covered beneficiary
referred to in subsection (a) is a member or former member of the
uniformed services described in section 1074(b) of this title, and any
dependents of the member described in section 1076(b) of this title,
who is or becomes entitled to hospital insurance benefits under part A
of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
The covered beneficiary shall not be required to satisfy any
eligibility criteria specified in chapter 89 of title 5 as a condition
for enrollment in a health benefits plan offered through the Federal
Employee Health Benefits program pursuant to subsection (a).
``(c) Contributions.--(1) In the case of covered beneficiaries
described in subsection (b) who enroll in a health benefits plan
offered through the Federal Employee Health Benefits program pursuant
to subsection (a), the administering Secretary concerned shall be
responsible for Government contributions that the Office of Personnel
Management determines are necessary to cover all costs in excess of
beneficiary contributions under paragraph (2).
``(2) The contribution required from an enrolled covered
beneficiary shall be equal to the amount that would be withheld from
the pay of a similarly situated Federal employee who enrolls in a
health benefits plan under chapter 89 of title 5.
``(d) Management of Participation.--The authority responsible for
approving retired or retainer pay or equivalent pay in the case of a
member or former member shall manage the participation of the member or
former member, and dependents of the member or former member, who
enroll in a health benefits plan offered through the Federal Employee
Health Benefits program pursuant to subsection (a). The Office of
Personnel Management shall maintain separate risk pools for enrolled
covered beneficiaries until such time as the Director of the Office of
Personnel Management determines that complete inclusion of enrolled
covered beneficiaries under chapter 89 of title 5 will not adversely
affect Federal employees and annuitants enrolled in health benefits
plans under such chapter.
``(e) Effect of Cancellation.--The cancellation by a covered
beneficiary of coverage under the Federal Employee Health Benefits
program shall be irrevocable for purposes of this section.
``(f) Reporting Requirements.--Not later than November 1 of each
year, the Secretary of Defense and the Director of the Office of
Personnel Management shall jointly submit a report to Congress
describing the provision of health care services to covered
beneficiaries under this section during the preceding fiscal year. The
report shall address or contain the following:
``(1) The number of covered beneficiaries enrolled in
health benefits plans offered through the Federal Employee
Health Benefits program pursuant to subsection (a), both in
terms of total number and as a percentage of all covered
beneficiaries receiving health care through the health care
system of the uniformed services.
``(2) The out-of-pocket cost to enrollees under such health
benefits plans.
``(3) The cost to the Government (including the Department
of Defense, the Department of Transportation, and the
Department of Health and Human Services) of providing care
under such health benefits plans.
``(4) A comparison of the costs determined under paragraphs
(2) and (3) and the costs that would have otherwise been
incurred by the Government and enrollees under alternative
health care options available to the administering Secretaries.
``(5) The effect of this section on the cost, access, and
utilization rates of other health care options under the health
care system of the uniformed services.
``(g) Time for Option.--The Secretary of Defense shall begin to
offer the health benefits option under subsection (a) not later than
January 1, 1997.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1079 the
following new item:
``1079a. Health care coverage through Federal Employees Health Benefits
program.''.
(b) Conforming Amendments.--Chapter 89 of title 5, United States
Code, is amended--
(1) in section 8905--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(B) by inserting after subsection (c) the following
new subsection:
``(d) An individual whom the Secretary of Defense determines is an
eligible covered beneficiary under section 1079a(b) of title 10 may
enroll in a health benefits plan under this chapter in accordance with
the agreement under section 1079a(a) of title 10 between the Secretary
and the Office and applicable regulations under this chapter.'';
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting in lieu thereof ``paragraphs
(2), (3), and (4)''; and
(B) by adding at the end the following new
paragraph:
``(4) In the case of individuals who enroll in a health plan in
accordance with section 8905(d) of this title, the Government
contribution shall be determined under section 1079a(c) of title 10.'';
and
(3) in section 8906(g)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting in lieu thereof ``paragraphs (2) and
(3)''; and
(B) by adding at the end the following new
paragraph:
``(3) The Government contribution described in subsection (b)(4)
for beneficiaries who enroll in accordance with section 8905(d) of this
title shall be paid as provided in section 1079a(c) of title 10.''. | Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Access to
Preventive and Diagnostic Tests Act of 2003''.
SEC. 2. CODING AND PAYMENT PROCEDURES FOR NEW CLINICAL DIAGNOSTIC
LABORATORY TESTS UNDER MEDICARE.
(a) Determining Payment Basis for New Lab Tests.--Section 1833(h)
of the Social Security Act (42 U.S.C. 1395l(h)) is amended by adding at
the end the following:
``(9)(A) The Secretary shall establish procedures for
determining the basis for, and amount of, payment under this
subsection for any clinical diagnostic laboratory test with
respect to which a new or substantially revised HCPCS code is
assigned on or after January 1, 2004 (hereinafter in this
paragraph and paragraph (10) referred to as `new tests'). Such
procedures shall provide that--
``(i) the payment amount for such a test will be
established only on--
``(I) the basis described in paragraph
(10)(A); or
``(II) the basis described in paragraph
(10)(B); and
``(ii) the Secretary will determine whether the
payment amount for such a test is established on the
basis described in paragraph (10)(A) or the basis
described in paragraph (10)(B) only after the process
described in subparagraph (B) has been completed with
respect to such test.
``(B) Determinations under subparagraph (A)(ii) shall be
made only after the Secretary--
``(i) makes available to the public (through an
Internet site and other appropriate mechanisms) a list
that includes any such test for which establishment of
a payment amount under paragraph (10) is being
considered for a year;
``(ii) on the same day such list is made available,
causes to have published in the Federal Register notice
of a meeting to receive comments and recommendations
(including the data upon which such recommendations are
based) from the public on the appropriate basis under
paragraph (10) for establishing payment amounts for the
tests on such list;
``(iii) not less than 30 days after publication of
such notice, convenes a meeting to receive such
comments and recommendations, with such meeting--
``(I) including representatives of all
entities within the Centers for Medicare &
Medicaid Services (hereinafter in this
paragraph referred to as `CMS') that will
be involved in determining the basis on which payment amounts will be
established for such tests under paragraph (10) and implementing such
determinations;
``(II) encouraging the participation of
interested parties, including beneficiaries,
device manufacturers, clinical laboratories,
laboratory professionals, pathologists, and
prescribing physicians, through outreach
activities; and
``(III) affording opportunities for
interactive dialogue between representatives of
CMS and the public; and
``(iv) taking into account the comments and
recommendations received at such meeting, develops and
makes available to the public (through an Internet site
and other appropriate mechanisms) a list of proposed
determinations with respect to the appropriate basis
for establishing a payment amount under paragraph (10)
for each such code, together with an explanation of the
reasons for each such determination, and the data on
which the determination is based.
The Secretary may convene such further public meetings to
receive public comment on payment amounts for new tests under
this subsection as the Secretary determines appropriate.
``(C) Under the procedures established pursuant to
subparagraph (A), the Secretary shall--
``(i) identify the rules and assumptions to be
applied by the Secretary in considering and making
determinations of whether the payment amount for a new
test should be established on the basis described in
paragraph (10)(A) or the basis described in paragraph
(10)(B);
``(ii) make available to the public the data (other
than proprietary data) considered in making such
determinations; and
``(iii) provide for a mechanism under which--
``(I) an interested party may request an
administrative review of an adverse
determination;
``(II) upon the request of an interested
party, an administrative review is conducted
with respect to an adverse determination; and
``(III) such determination is revised, as
necessary, to reflect the results of such
review.
``(D) For purposes of this paragraph and paragraph
(10)--
``(i) the term `HCPCS' refers to the
Healthcare Common Procedure Coding System; and
``(ii) a code shall be considered to be
`substantially revised' if there is a
substantive change to the definition of the
test or procedure to which the code applies
(such as a new analyte or a new methodology for
measuring an existing analyte-specific test).
``(10)(A) Notwithstanding paragraphs (1), (2), and (4), if
a new test is clinically similar to a test for which a fee
schedule amount has been established under paragraph (5), the Secretary
shall pay the same fee schedule amount for the new test. In determining
whether tests are clinically similar for purposes of this paragraph,
the Secretary may not take into account economic factors.
``(B)(i) Notwithstanding paragraphs (1), (2), (4), and (5),
if a new test is not clinically similar to a test for which a
fee schedule has been established under paragraph (5), payment
under this subsection for such test shall be made on the basis
of the lesser of--
``(I) the actual charge for the test; or
``(II) an amount equal to 60 percent (or in the
case of a test performed by a qualified hospital (as
defined in paragraph (1)(D)) for outpatients of such
hospital, 62 percent) of the prevailing charge level
determined pursuant to the third and fourth sentences
of section 1842(b)(3) for the test for a locality or
area for the year (determined without regard to the
year referred to in paragraph (2)(A)(i), or any
national limitation amount under paragraph (4)(B), and
adjusted annually by the percentage increase or
decrease under paragraph (2)(A)(i));
until the beginning of the third full calendar year that begins
on or after the date on which an HCPCS code is first assigned
with respect to such test, or, if later, the beginning of the
first calendar year that begins on or after the date on which
the Secretary determines that there are sufficient claims data
to establish a fee schedule amount pursuant to clause (ii).
``(ii) Notwithstanding paragraphs (2) and (4), and (5), the
fee schedule amount for a clinical diagnostic laboratory test
described in clause (i) that is performed--
``(I) during the first calendar year after clause
(i) ceases to apply to such test, shall be an amount
equal to the national limitation amount that the
Secretary determines (consistent with clause (iii))
would have applied to such test under paragraph
(4)(B)(viii) during the preceding calendar year,
adjusted by the percentage increase or decrease
determined under paragraph (2)(A)(i) for such first
calendar year; and
``(II) during a subsequent year, is the fee
schedule amount determined under this clause for the
preceding year, adjusted by the percentage increase or
decrease that applies under paragraph (5)(A) for such
year.
``(iii) For purposes of clause (ii)(I), the national
limitation amount for a test shall be set at 100 percent of the
median of the payment amounts determined under clause (ii)(I)
for all payment localities or areas for the last calendar year
for which payment for such test was determined under clause
(i).
``(iv) Nothing in clause (ii) shall be construed as
prohibiting the Secretary from applying (or authorizing the
application of) the comparability provisions of the first
sentence of such section 1842(b)(3) with respect to amounts
determined under such clause.''.
(b) Establishment of National Fee Schedule Amounts.--
(1) In general.--Section 1833(h) of the Social Security
Act, as amended by subsection (a), is further amended--
(A) in paragraph (2), by striking ``paragraph (4)''
and inserting in lieu thereof ``paragraphs (4), (5),
and (10)'';
(B) in paragraph (4)(B)(viii), by inserting ``and
before January 1, 2004,'' after ``December 31, 1997,'';
(C) by redesignating paragraphs (5), (6), and (7),
as paragraphs (6), (7), and (8), respectively; and
(D) by inserting after paragraph (4) the following:
``(5) Notwithstanding paragraphs (2) and (4), the Secretary
shall set the fee schedule amount for a test (other than a test
to which paragraph (10)(B)) applies) at--
``(A) for tests performed during 2004, an amount
equal to the national limitation amount for that test
for 2003, and adjusted by the percentage increase or
decrease determined under paragraph (2)(A)(i) for such
year; and
``(B) for tests performed during a year after 2004,
the amount determined under this subparagraph for the
preceding year, adjusted by the percentage increase or
decrease determined under paragraph (2)(A)(i) for such
year.''.
(2) Conforming changes.--Section 1833(a) of the Social
Security Act (42 U.S.C. 1395l(a)) is amended--
(A) in paragraph (1)(D)(i), by striking ``the
limitation amount for that test determined under
subsection (h)(4)(B),''; and
(B) in paragraph (2)(D)(i), by striking ``the
limitation amount for that test determined under
subsection (h)(4)(B),''.
(c) Mechanism for Review of Adequacy of Payment Amounts.--Section
1833(h) of the Social Security Act, as amended by subsections (a) and
(b), is further amended by adding at the end the following:
``(11) The Secretary shall establish a mechanism under
which--
``(A) an interested party may request a timely
review of the adequacy of the existing payment amount
under this subsection fee for a particular test; and
``(B) upon the receipt of such a request, a timely
review is carried out.''.
(d) Prohibition on Assignment of Certain New Codes.--The Secretary
may not assign a code for a new clinical diagnostic laboratory test
that differs from the code recommended by the American Medical
Association Common Procedure Terminology Editorial Panel and results in
lower payment than would be made if the Secretary accepted such
recommendation solely on the basis that the test is a test that may be
performed by a laboratory with a certificate of waiver under section
353(d)(2) of the Public Health Service Act (42 U.S.C. 263a(d)(2)).
(e) Prohibition on Application of Least Costly Alternative to Fee
Schedule.--Section 1833(h) of the Social Security Act, as amended by
subsections (a), (b), and (c), is further amended by adding at the end
the following:
``(12) Notwithstanding any other provision of this title,
the Secretary may not substitute for the fee schedule amount
otherwise established under this subsection for a test a least
costly alternative fee schedule amount for the test.''.
(f) Effective Dates.--
(1) In general.--The Secretary of Health and Human Services
shall establish the procedures required to implement paragraphs
(9), (10), and (11) of section 1833(h) of the Social Security
Act (42 U.S.C. 1395l(h)), as added by this section, by not
later than October 1, 2003.
(2) Prohibitions.--(A) Subsection (d) shall apply to code
assignment determinations made on or after the date of the
enactment of this Act.
(B) The amendment made by subsection (e) shall apply to
tests furnished on or after the date of the enactment of this
Act without regard to whether a determination to substitute a
least costly alternative fee schedule amount for a test was
made before, on, or after such date. | Medicare Patient Access to Preventive and Diagnostic Tests Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish procedures for determining the basis for, and amount of, Medicare payment for any clinical diagnostic laboratory test with respect to which a new or substantially revised Health Care Financing Administration Common Procedure Coding System (HCPCS) code is assigned on or after January 1, 2004; (2) set the national fee schedule amounts for tests performed; and (3) establish a mechanism for review of the adequacy of payment amounts for a particular test.Prohibits the Secretary from: (1) assigning a code for a new clinical diagnostic laboratory test that differs from the code recommended by the American Medical Association Common Procedure Terminology Editorial Panel and results in lower payment than would be made if the Secretary accepted such recommendation solely on the basis that the test is a test that may be performed by a laboratory with a certificate of waiver under the Public Health Service Act; or (2) substituting for the fee schedule amount otherwise established under the Act for a test a least costly alternative fee schedule amount. | billsum_train |
Give a brief overview of the following text: SECTION 1. PARKINSON'S DISEASE RESEARCH, EDUCATION, AND CLINICAL
CENTERS.
(a) Requirement for Establishment of Centers.--
(1) In general.--Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7329. Parkinson's disease research, education, and clinical
centers
``(a) The Secretary, upon the recommendation of the Under Secretary
for Health and pursuant to the provisions of this section, shall
designate six Department health-care facilities as the locations for
centers of Parkinson's Disease research, education, and clinical
activities and (subject to the appropriation of sufficient funds for
such purpose) shall establish and operate such centers at such
locations in accordance with this section.
``(b) In designating locations for centers under subsection (a),
the Secretary, upon the recommendation of the Under Secretary for
Health, shall--
``(1) designate each Department health-care facility that
as of January 1, 2005, was operating a Parkinson's Disease
research, education, and clinical center unless (on the
recommendation of the Under Secretary for Health) the Secretary
determines that such facility does not meet the requirements of
subsection (c) or has not demonstrated effectiveness in
carrying out the established purposes of such center or the
potential to carry out such purposes effectively in the
reasonably foreseeable future; and
``(2) assure appropriate geographic distribution of such
facilities.
``(c) The Secretary may not designate a health-care facility as a
location for a center under subsection (a) unless the peer review panel
established under subsection (d) has determined under that subsection
that the proposal submitted by such facility as a location for a new
center under subsection (a) is among those proposals which have met the
highest competitive standards of scientific and clinical merit, and the
Secretary (upon the recommendation of the Under Secretary for Health)
determines that the facility has (or may reasonably be anticipated to
develop) each of the following:
``(1) An arrangement with an accredited medical school
which provides education and training in neurology and with
which such facility is affiliated under which residents receive
education and training in innovative diagnosis and treatment of
chronic neurodegenerative diseases and movement disorders,
including Parkinson's disease.
``(2) The ability to attract the participation of
scientists who are capable of ingenuity and creativity in
health-care research efforts.
``(3) A policymaking advisory committee composed of
appropriate health-care and research representatives of the
facility and of the affiliated school or schools to advise the
directors of such facility and such center on policy matters
pertaining to the activities of such center during the period
of the operation of such center.
``(4) The capability to conduct effectively evaluations of
the activities of such center.
``(5) The capability to coordinate, as part of an
integrated national system, education, clinical, and research
activities within all facilities with such centers.
``(6) The capability to jointly develop a consortium of
providers with interest in treating neurodegenerative diseases,
including Parkinson's Disease, and other movement disorders, at
facilities without such centers in order to ensure better
access to state-of-the-art diagnosis, care, and education for
neurodegenerative disorders throughout the health care system.
``(7) The capability to develop a national repository for
the collection of data on health services delivered to veterans
seeking care for neurodegenerative diseases, including
Parkinson's Disease, and other movement disorders in the health
care system.
``(d)(1) The Under Secretary for Health shall establish a panel to
assess the scientific and clinical merit of proposals that are
submitted to the Secretary for the establishment of new centers under
this section.
``(2)(A) The membership of the panel shall consist of experts in
neurodegenerative diseases, including Parkinson's Disease, and other
movement disorders.
``(B) Members of the panel shall serve as consultants to the
Department for a period of no longer than two years except in the case
of panelists asked to serve on the initial panel as specified in
subparagraph (C).
``(C) In order to ensure panel continuity, half of the members of
the first panel shall be appointed for a period of three years and half
for a period of two years.
``(3) The panel shall review each proposal submitted to the panel
by the Under Secretary and shall submit its views on the relative
scientific and clinical merit of each such proposal to the Under
Secretary.
``(4) The panel shall not be subject to the Federal Advisory
Committee Act.
``(e) Before providing funds for the operation of any such center
at a health-care facility other than a health-care facility designated
under subsection (b)(1), the Secretary shall assure that the center at
each facility designated under such subsection is receiving adequate
funding to enable such center to function effectively in the areas of
Parkinson's Disease research, education, and clinical activities.
``(f) There are authorized to be appropriated such sums as may be
necessary for the support of the research and education activities of
the centers established pursuant to subsection (a). The Under Secretary
for Health shall allocate to such centers from other funds appropriated
generally for the Department medical services account and medical and
prosthetics research account, as appropriate, such amounts as the Under
Secretary for Health determines appropriate.
``(g) Activities of clinical and scientific investigation at each
center established under subsection (a) shall be eligible to compete
for the award of funding from funds appropriated for the Department
medical and prosthetics research account and shall receive priority in
the award of funding from such account insofar as funds are awarded to
projects for research in Parkinson's disease and other movement
disorders.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7328 the following new item:
``7329. Parkinson's disease research, education, and clinical
centers.''.
(b) Effective Date.--Section 7329 of title 38, United States Code,
as added by subsection (a), shall take effect on October 1, 2005. | Directs the Secretary of Veterans to designate, establish, and operate at selected Department of Veterans Affairs health-care facilities six centers for Parkinson's disease research, education, and clinical activities. Requires the Under Secretary for Health to establish a panel to assess the scientific and clinical merit of proposals submitted by a facility for the operation of such a center. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Vehicle Owners Right to Repair
Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Consumers are entitled to diagnose, service, maintain,
or repair their own motor vehicles if they so choose, or to
choose a service provider to perform these services for their
motor vehicles.
(2) Consumers are entitled to all information about safety
alerts, recalls, and other events relevant to the operation of
their vehicles and to have this information available to their
service providers in order to ensure the fuel efficient and
safe operation of their motor vehicles.
(3) Promoting competition in price and quality for the
diagnosis of problems, service, maintenance, and repair of
motor vehicles will benefit consumers.
(4) Regular diagnosis, service, maintenance, and repair of
motor vehicles, motor vehicle equipment, and motor vehicle
systems such as pollution control, transmission, antilock
brakes, electronic and mechanical systems, heating and air-
conditioning, and steering are essential to improve fuel
economy, protect the environment, and promote the safety of
modern motor vehicles.
(5) Better fuel economy can reduce our dependence on
foreign oil and help protect the environment. Proper
maintenance of a motor vehicle can significantly improve its
gas mileage. Fixing a motor vehicle that is noticeably out of
tune can improve its gas mileage by an average of 4 percent.
Replacing a clogged air filter can improve a motor vehicle's
mileage by as much as 10 percent. Fixing a serious maintenance
problem, such as a faulty oxygen sensor, can improve a motor
vehicle's mileage by as much as 40 percent.
(6) Computers of various kinds increasingly are being used
by manufacturers in motor vehicle equipment and motor vehicle
systems. On-board computer technology controls virtually all of
the vehicle's systems, and only service technicians with the
necessary information can access the computers to perform
diagnosis, service, maintenance, and repair of the vehicle.
(7) Manufacturers have made available to their authorized
dealers and service providers the information, tools, and
replacement equipment necessary to diagnose problems and to
service, maintain, and repair motor vehicles that incorporate
computers in their motor vehicle systems.
(8) Manufacturers have failed to make available, or have
inhibited, restricted, or limited the availability to consumers
and independent service providers of the information, tools,
and replacement equipment necessary to diagnose, service,
maintain, and repair consumers' motor vehicles. A statistically
valid and reliable survey of 10,000 consumers reported that 14
percent were turned away in calendar year 2006 and told to go
to an authorized dealer because the independent car repair shop
``did not have the tools, equipment or information required to
do'' the required service. Of these 14 percent, 62 percent
stated that they were inconvenienced by the turn away. Of these
turned away, 25 percent said that they would not or probably
would not return to the independent garage because of the
inconvenience incurred.
(9) Overall, independent service providers lose an average
of 5.6 percent in productivity per month because of the lack of
information and tools, which translates into an annual revenue
loss of approximately $5.8 billion.
(10) Consumers expressed a clear preference for independent
repair shops for two significant reasons--convenience and
price. By a ratio of 25 to 17, they expressed a preference for
independent repair shops when convenience is the principle
factor, and by a ratio of 13 to 5 when price is the principle
factor choice.
(11) Consumers whose service providers cannot repair their
motor vehicles because neither the consumer nor the service
provider has access to the necessary information and tools lose
both time and money and may have no realistic choice but to
turn to an authorized dealer. Independent service providers
suffer a business loss because they have to turn away consumers
or expend time and effort contacting manufacturers'
representatives to try to obtain the necessary information.
(12) Consumers in the United States have benefited from the
availability of a wide choice of service providers for their
motor vehicles. The American economy has also benefited from
the availability of an aftermarket tools and parts supply that
provides jobs to over 5 million workers in 495,000 businesses,
and generates $200 billion in annual sales.
(13) Vehicle owners in the United States should have the
right--
(A) to all information necessary to allow the
diagnosis, service, maintenance, and repair of their
vehicles;
(B) to have access to information, tools, and
replacement equipment so that they can, if they wish,
diagnose problems themselves and maintain, service, and
repair their own vehicles; and
(C) to the availability at both authorized and
independent service providers of the tools, replacement
equipment, and information necessary to diagnose
problems in vehicles and to service, maintain, and
repair them.
(14) Discriminating between authorized dealers and
independent service providers and restricting the availability
of information, tools and replacement equipment limits who can
diagnose, service, maintain, and repair motor vehicles and what
tools and replacement equipment may be used to repair those
vehicles, limits consumer choice, limits competition, and
impedes the safe and energy-efficient operation of motor
vehicles.
(15) Access for consumers and all service providers of
information, tools, and replacement equipment necessary to the
diagnosis, service, maintenance, and repair of motor vehicles
can be accomplished without infringing manufacturers'
legitimate trade secrets.
(b) Purposes.--The purposes of this Act are the following:
(1) To protect consumers' rights to choose a service
provider for the diagnosis, service, maintenance, and repair of
their motor vehicles;
(2) To promote safety and energy efficiency by requiring
motor vehicle manufacturers to make available to consumers and
their service providers the information, parts and tools
necessary to facilitate regular diagnosis, service,
maintenance, and repair of motor vehicles, motor vehicle
equipment, and motor vehicle systems; and
(3) To promote competition in price and quality for the
diagnosis of problems, and the service, maintenance, and repair
of motor vehicles by giving consumers the widest possible
choice of service providers.
SEC. 3. MANUFACTURER REQUIREMENTS.
(a) Duty To Disclose Information.--The manufacturer of a motor
vehicle sold, leased, or otherwise introduced into commerce in the
United States shall provide to the motor vehicle owner, and to all
service providers on reasonable and non-discriminatory terms, all
information necessary to diagnose, service, maintain, or repair the
motor vehicle, and all information necessary to fully utilize the tools
and motor vehicle equipment (including replacement equipment) needed to
diagnose, service, maintain, and repair the motor vehicle. Such
information shall include--
(1) information about safety alerts, recalls, service
bulletins and the need for adjustments to maintain energy
efficiency;
(2) information necessary to access and integrate
replacement equipment into the motor vehicle; and
(3) all other information of any kind needed or used to
diagnose, service, maintain, repair, activate, certify, or
install any motor vehicle equipment (including replacement
equipment) in a motor vehicle.
(b) Duty To Make Tools Available.--The manufacturer of a motor
vehicle sold, leased, or otherwise introduced into commerce in the
United States shall offer for sale to consumers, and to all service
providers on reasonable and non-discriminatory terms, any tool
necessary to diagnose, service, maintain, or repair a motor vehicle,
and shall provide the information necessary to enable aftermarket tool
companies to manufacture tools with the same functional characteristics
as those tools made available by the manufacturers to authorized
dealers.
(c) Replacement Equipment.--The manufacturer of a motor vehicle
sold, leased, or otherwise introduced into commerce in the United
States shall offer for sale to consumers, and to all service providers
on reasonable and non-discriminatory terms, all equipment necessary to
diagnose, service, maintain, or repair a motor vehicle.
(d) Protection of Trade Secrets.--
(1) A manufacturer may not be required to publicly disclose
information that, if made public, would divulge methods or
processes entitled to protection as trade secrets.
(2) No information may be withheld by a manufacturer on the
ground that it is a trade secret if that information is
provided (directly or indirectly) to authorized dealers or
service providers.
SEC. 4. AUTHORITY OF FEDERAL TRADE COMMISSION.
(a) In General.--For the purpose of enforcing compliance with this
Act, the Federal Trade Commission may utilize all authority conferred
on it by the Federal Trade Commission Act, or otherwise.
(b) A violation of section 3 of this Act constitutes an unfair
method of competition and an unfair or deceptive act or practice within
the meaning of section 5(a)(1) of the Federal Trade Commission Act (15
U.S.C. 45(a)(1)).
(c) Violation of a rule prescribed under section 4(d) of this Act
constitutes violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(d) Rulemaking.--The Federal Trade Commission may prescribe rules
to implement this Act.
(e) Cooperation With U.S. Department of Transportation.--The
Federal Trade Commission shall cooperate with the Department of
Transportation to publish technical service bulletins on a Federal
Internet Website.
(f) Limitation.--The Federal Trade Commission may not prescribe
rules that--
(1) interfere with the authority of the Administrator of
the Environmental Protection Agency under section 202(m) of the
Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle
emissions control diagnostics systems; or
(2) conflict with rules prescribed by such Administrator
under such section.
SEC. 5. ACTION BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected by a violation
of section 3 of this Act, or by the violation of a rule promulgated by
the Federal Trade Commission to implement this Act, the State, as
parens patriae, may bring a civil action on behalf of its residents to
enjoin such violations, to obtain damages, restitution, or other
compensation on behalf of residents of such State, or to obtain such
further and other relief as the court may deem appropriate.
(b) Notice.--The State shall serve prior written notice of any
civil action under subsection (a) of this section upon the Federal
Trade Commission with a copy of its complaint, except that if it is not
feasible for the State to provide such prior notice, the State shall
serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Federal Trade
Commission shall have the right--
(1) to intervene in such action,
(2) upon so intervening, to be heard on all matters arising
therein, and
(3) to file petitions for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a) of this section, nothing in this chapter shall prevent
an attorney general from exercising the powers conferred on the
attorney general by the laws of such State to conduct investigations or
to administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(d) Actions by Federal Trade Commission.--Whenever a civil action
has been instituted by or on behalf of the Federal Trade Commission for
violation of any rule prescribed under section 4(d) of this Act, no
State may, during the pendency of such action instituted by or on
behalf of the Federal Trade Commission, institute a civil action under
this Act against any defendant named in the complaint in such action
for violation of any rule as alleged in such complaint.
(e) Actions by Other State Officials.--
(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on the
basis of an alleged violation of any civil or criminal statute
of such State.
(2) In addition to actions brought by an attorney general
of a State under subsection (a) of this section, such an action
may be brought by officers of such State who are so authorized.
SEC. 6. CONSUMERS' RIGHTS.
A consumer or service provider may bring a civil action to enjoin
any violation of section 3 of this Act or of any rule issued pursuant
to this Act and for damages therefore (including court costs and
reasonable attorney and expert witness fees). Such an action may be
brought in any court of competent jurisdiction.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``commerce'' has the meaning given that term
in section 4 of the Federal Trade Commission Act (15 U.S.C.
44).
(2) The terms ``manufacturer'', ``motor vehicle'', and
``motor vehicle equipment'' have the meanings given those terms
in section 30102(a) of title 49, United States Code.
(3) The term ``motor vehicle owner'' and the term
``consumer'' mean any person who owns, leases, or otherwise has
the legal right to use and possess a motor vehicle, or the
agent of such person.
(4) The term ``service provider''means a person engaged in
the diagnosis, service, maintenance, or repair of motor
vehicles or motor vehicle engines.
(5) The term ``replacement equipment'' has the meaning
given that term in section 30102(b)(1) of title 49, United
States Code.
(6) The term ``model year'' has the meaning given that term
in section 32901(a) of title 49, United States Code.
(7) The term ``dealer'' has the meaning given that term in
section 30102(a) of title 49, United States Code.
(8) The term ``technical service bulletin'' means a
communication sent to a dealer about the diagnosis, service,
maintenance or repair of a motor vehicle or item of motor
vehicle equipment and shall include all communications sent to
the Secretary of Transportation under sections 30166(f) and
30166(m)(3)(A)(ii) of title 49, United States Code. | Motor Vehicle Owners Right to Repair Act of 2007 - Requires the manufacturer of a motor vehicle sold, leased, or otherwise introduced into U.S. commerce to: (1) provide to the vehicle owner and service providers all information necessary to diagnose, service, maintain, or repair the vehicle; (2) offer for sale to consumers and service providers any related tool or equipment; and (3) provide the information necessary to enable aftermarket tool companies to manufacture tools with the same functional characteristics. Exempts trade secrets, so long as the information is not disclosed to authorized dealers or service providers.
Authorizes enforcement of this Act by the Federal Trade Commission (FTC) and civil actions by state attorneys general, consumers, and service providers. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Self-Governance Demonstration
Project Technical Amendments Act of 1993''.
SEC. 2. TRIBAL FUNDING SHARES.
Title III of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450f note) is amended by adding at the end thereof the
following new sections:
``Sec. 311. (a) Unless directed otherwise by an express provision
of law enacted after the date of the enactment of this section, the
Secretary of the Interior and the Secretary of Health and Human
Services, as the case may be, shall make available, through
negotiations, a tribal share of all funds and resources requested by a
tribe which are specifically or functionally related to the provision
of services and benefits to the tribe or its members, including all
funds and resources available to the Department of the Interior or the
Department of Health and Human Services, as the case may be, to support
the provision of services and benefits to Indian tribes and Indian
individuals regardless of the organizational level where the affected
Secretary would have otherwise spent the funds or provided the
resources, and regardless of the origin of the funds or resources.
``(b) Unless directed otherwise by an express provision of law
specific to a distribution or allocation enacted after the date of the
enactment of this section, the Secretary of the Interior or the
Secretary of Health and Human Services, as the case may be, shall make
available, through negotiations, a tribal share of all funds and
resources requested by a tribe which are available to Indian tribes or
Indian individuals and which the affected Secretary could have
otherwise distributed or allocated by competitive procedure, formula,
priority list, or other mechanism. Tribal shares of such funds shall be
determined by the Secretary in a manner similar to that used with other
funds under this title.
``(c) The Secretary of the Interior and the Secretary of Health and
Human Services shall designate the Director of the Office of Self-
Governance, established pursuant to section 315 of this title, to be
the Federal negotiator for any agreement with each such Secretary, and
delegate to the Director authority to initial and execute any agreement
authorized under this title. The Director shall determine a specific
Federal program residual and a tribe's tribal share after good faith
consideration of the positions of the tribe and the appropriate Federal
agency. The Director shall cooperate with the negotiating tribe to
prepare and initial the appropriate Federal agency's and the tribe's
preliminary approval of a negotiated agreement in accordance with
section 315 of this title. Upon expiration of the appeal rights
provided in subsection (d), the Secretary shall execute the agreement,
the tribe shall execute the agreement on its own behalf, and the
agreement shall be forwarded to Congress for review as provided in this
title.
``(d) The tribe or the affected Federal agency may appeal the
Director's determination of a specific Federal program residual or a
tribe's tribal share by filing a written appeal to the appropriate
Self-Governance Policy Council within 10 days of the initialing of the
agreement by the tribe and the Director. The Council shall render a
decision within 15 days of receipt of the appeal, after according the
Director, the tribe, and the affected Federal agency the opportunity to
file responses and make brief oral presentations to the Council. The
Director shall have no vote on appeal decisions of the Council. Appeal
decisions of the Council shall be final.
``(e) Unless otherwise agreed to by a tribe in negotiations, a
tribal share of a tribe shall be determined as follows:
``(1) A residual amount for programs, activities, functions
and services directly related to the natural or financial trust
resources of a tribe or to the executive direction and
administrative services functions of the affected Federal
agency shall be determined and subtracted from the total funds
estimated to be available for the next fiscal year, which
estimate shall be based either upon the total in that agency's
budget request for that year or upon the total made available
by Congress for the appropriate year. The residual amount shall
be that amount which, if all Federal funds benefiting Indian
tribes and Indian individuals were administered by tribes under
agreements authorized by this title, would be necessary to
support an efficiently restructured Federal implementation of
the minimum core Federal activities specifically required by
law to be carried out by a Federal official.
``(2) The tribal share of a tribe shall be determined in
negotiations using factors directly related to the budget
account, fund or program being allocated, and shall be
separately calculated at each administrative level of the
Federal agency using factors specific to that level. In lieu of
negotiating a tribal share of funds from the central office or
other national-scope administrative level of a Federal agency,
a tribe may elect to receive the sum of $45,000 per year.
``(f) In preparing to negotiate a tribe's third and successive
annual agreements under this title, the affected Secretary shall
present a base budget to the tribe as the minimum amount to be
negotiated. The base budget shall be calculated as the amount the tribe
negotiated in the prior year, plus pay cost adjustment increases
related to employee costs identical to those applied to Federal
employees, and plus inflation increases on the remaining funds. The
affected Secretary shall add to a tribe's base budget further increases
and additions sought by the tribe in negotiations under the terms and
conditions of this title.
``Sec. 312. (a) Subject to the availability of funds, the affected
Secretary shall ensure that the contract support costs associated with
a tribe's operation of its annual funding agreement with the Secretary
are fully funded by the Secretary. Such costs shall be estimated at the
time of negotiation by multiplying the tribe's most recent indirect
cost rate negotiated with the inspector general of the tribe's
cognizant Federal agency times the total amount of funds included
within the annual funding agreement regardless of the origin of the
funds and regardless of the purpose for which the funds are spent by
the tribe; except that contract support costs shall be separately
calculated for direct funds flowing through the tribe to an intertribal
organization at the intertribal organization's negotiated indirect cost
rate. The estimated contract support funds provided to a tribe shall be
subsequently adjusted to a final amount based upon the tribe's final
approved indirect cost rate for that funding year. The total amount of
funds other than contract support included within an annual funding
agreement shall be an agreement's direct funds base without exclusions.
``(b) Upon request of the appropriate tribe, a minimum of 80
percent of the full amount of such tribe's estimated annual contract
support cost funds shall be made available to it at the beginning of
its funding year and the remainder made available either at the
beginning of the second half of its funding year or when the tribe's
final indirect cost rate has been approved for that funding year,
whichever comes later.
``(c) If a tribe's indirect cost rate negotiated with the inspector
general has not fluctuated more than 10 percent during the preceding
36-month period, the affected Secretary shall, at the request of a
tribe, negotiate a lump sum of contract support funds equal to the
tribe's most recent indirect cost rate times the annual funding
agreement's total direct funds base, which lump sum shall be added to
the agreement and shall remain part of the tribe's base budget in
successive years and be adjusted under the provisions of section
311(f).
``Sec. 313. (a) The provisions of section 106 of this Act (25
U.S.C. 450j(b)) shall apply to agreements under this title.
``(b) The provisions of subsections (c) and (d) of section 102 of
this Act (25 U.S.C. 450f (c) and (d)) shall apply to agreements under
this title, and in all such cases, an Indian tribe and its employees
carrying out an agreement under this title shall be deemed to be part
of the Bureau of Indian Affairs in the Department of the Interior or
the Indian or Public Health Service in the Department of Health and
Human Services, as the case may be, while carrying out any such
agreement and the tribe's employees (including those acting on behalf
of the tribe as provided in section 2671 of title 28, United States
Code) are deemed employees of the Bureau or Service while acting within
the scope of their employment in carrying out the agreement.
``Sec. 314. (a) General Federal program rules, the Office of
Federal Procurement Policy Act (41 U.S.C. 401 et seq.), and all Federal
acquisition regulations promulgated pursuant to such Act, shall not
apply to agreements under this title, nor shall they apply to a tribe's
activities, including construction and a tribe's contracts or
subcontracts involving such activities, carried out with funds obtained
from agreements under this title.
``(b) The Secretary of the Interior or the Secretary of Health and
Human Services, as the case may be, shall, within 60 days after receipt
of the request from an Indian tribe, approve the tribe's request to
waive the application of a Federal regulation to the tribe's carrying
out of activities under an agreement unless, within 30 days of receipt
of the request, the affected Secretary makes a specific waiver
declination finding, based upon a clear and convincing evidence
standard, that--
``(1) adequate protection of trust resources will not
otherwise be provided under the terms of the agreement; or
``(2) specific language in the regulation sought to be
waived is expressly mandated by law.
``(c) Unless specific language in the regulation sought to be
waived is expressly mandated by law, a tribe's request for waiver shall
be treated as approved unless declined under the procedures of the
foregoing subsection (b). In declining a waiver request, the Secretary
shall--
``(1) immediately state all the Secretary's objections in
writing to the tribe;
``(2) within 30 days provide assistance to the tribe to
revise its waiver request to overcome the stated objections;
and
``(3) within 60 days provide the tribe with a hearing on
the record and the opportunity for appeal on the objections
raised under rules and regulations governing hearings and
appeals for self-determination contracts.
``Sec. 315. (a) The Secretary of the Interior and the Secretary of
Health and Human Services shall establish an Office of Self-Governance
for the appropriate department within the Office of the affected
Secretary. The affected Secretary shall consult with all tribes with
whom the affected Secretary has an agreement authorized under this
title before making personnel hiring decisions concerning the Office of
Self-Governance. The requirements of section 2 of Public Law 96-135 (25
U.S.C. 472a) shall apply to all positions within each Office of Self-
Governance, except that, notwithstanding any provision of the Indian
preference laws, such laws shall not apply in the case of any personnel
action respecting an applicant or employee not entitled to Indian
preference if a majority of the tribes with whom the affected Secretary
has an agreement authorized under this title at the time the personnel
action is initially implemented concur in writing with suspending the
application of such laws with respect to such personnel action.
``(b) The Secretary of the Interior, with respect to the Department
of the Interior, and the Secretary of Health and Human Services, with
respect to the Department of Health and Human Services, shall vest in
the Director all of the functions of the appropriate department with
respect to formulation and establishment of Federal policy and
procedure, and the supervision of Federal programs and expenditures of
Federal funds supporting the Federal implementation of the self-
governance demonstration project. The Secretary shall carry out such
functions through the Director under the provisions of this title.
``(c) The Secretary of the Interior, with respect to the Department
of the Interior, and the Secretary of Health and Human Services, with
respect to the Department of Health and Human Services, shall establish
a Self-Governance Policy Council for each department, which shall meet
in regularly scheduled monthly meetings to finally resolve departmental
policy and administrative issues during the demonstration project. The
Self-Governance Policy Council of the Department of the Interior shall
be chaired by the Director of the Office of Self-Governance, with
additional members including the Assistant Secretary for Indian
Affairs, a representative of the Secretary of the Interior, the
Associate Solicitor for Indian Affairs, and 2 non-Federal members
appointed by the Secretary of the Interior representing tribes with
self-governance agreements with the Department of the Interior. The
Self-Governance Policy Council of the Department of Health and Human
Services shall be chaired by the Director of the Office of Self-
Governance, with additional members including the Director of the
Indian Health Service, a representative of the Secretary of Health and
Human Services, a representative of the Office of General Counsel, and
2 non-Federal members appointed by the Secretary of Health and Human
Services representing tribes with self-governance agreements with the
Department of Health and Human Services. In the case of each
department's Policy Council, the 2 non-Federal members shall serve 1-
year, nonconsecutive terms, and shall be selected in such manner as to
achieve geographic representation from among nominations made by tribes
having agreements authorized under this title with the department. The
2 non-Federal members shall have voice but no voting privileges on all
matters before the Self-Governance Policy Council. Complete minutes of
the Council shall be made and distributed to all tribes having
agreements authorized under this title with the Department.
``Sec. 316. The Secretary of the Interior and the Secretary of
Health and Human Services shall ensure that the Director and all other
departmental officials negotiate agreements under this title in good
faith and in a spirit of cooperation with each negotiating tribe.
``Sec. 317. (a) Shortfall or supplemental funding shall be used by
each such Secretary for two purposes--
``(1) to make additional funds available to a Federal
agency organizational level to address the Director's
determination that, based on clear and convincing evidence, the
provision of a negotiated tribal share will have an adverse
effect on other tribes served by that organizational level;
except that such additional funds shall be made available from
the shortfall or supplemental funding account for only 1 year,
and in successive years shall be met from funds and resources
directly derived from restructuring and downsizing on the part
of the Federal agency at the particular organizational level
affected; and
``(2) to meet the ongoing, additional funding needs of
tribes assuming the increased responsibilities and obligations
inherent in agreements under this title.
``(b) The restructuring and downsizing on the part of the Federal
agency in subsection (a) shall be accomplished in accordance with a
plan and time frame that shall be prepared and submitted to the
negotiating tribe, to the Committee on Indian Affairs of the Senate,
and to the Committee on Natural Resources of the House of
Representatives no later than 30 days after the effective date of the
annual funding agreement giving rise to the restructuring and
downsizing.''.
SEC. 3. FUNDS AVAILABLE.
Title III of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450f note) is amended--
(1) in section 303(a)(6), by striking ``paragraphs (1) and
(2)'' and inserting in lieu thereof ``paragraph (3)''; and
(2) in section 303(a)(6), by inserting after ``amount'' the
following: ``which is, at a minimum,''.
S 550 IS----2 | Tribal Self-Governance Demonstration Project Technical Amendments Act of 1993 - Amends the Indian Self-Determination and Education Assistance Act with regard to self-determination contracts to direct the Secretary of the Interior or the Secretary of Health and Human Services to make certain tribal funding shares available through negotiations with the tribe rather than through direct assistance or competitive or other mechanisms.
Sets forth the method for tribal cost determinations.
Requires each Secretary to fully fund contract support costs associated with the operation of a tribe's annual funding agreement, with at least 80 percent made available at the beginning of the funding year. Permits lump sum payments under specified circumstances.
Directs each of the Secretaries to establish in their respective Offices an Office of Self-Governance. | billsum_train |
Create a condensed overview of the following text: SECTION 1. RELIEF OF RICHARD M. BARLOW OF BOZEMAN, MONTANA.
(a) Findings.--Congress makes the following findings:
(1) Richard Barlow was a counter-proliferation intelligence
officer with expertise in Pakistan nuclear issues.
(2) From 1980-82, Mr. Barlow served as the action officer
for Pakistan proliferation matters at the Arms Control and
Disarmament Agency.
(3) In 1985, Mr. Barlow joined the Central Intelligence
Agency, becoming a recognized issue expert on Pakistan's
clandestine nuclear purchasing networks and its weapons
programs.
(4) After serving as a Special Agent with the Customs
Service, Mr. Barlow then joined the Office of the Secretary of
Defense starting in 1989, where he continued to investigate
Pakistan's nuclear weapons network headed by A. Q. Khan.
(5) Mr. Barlow was instrumental in the 1987 arrest and
later conviction of 2 agents in Pakistan's nuclear weapons
development program headed by A. Q. Khan, for which he received
an award for exceptional accomplishment from the Director of
the Central Intelligence Agency and numerous commendations from
senior State Department and law enforcement officials.
(6) In addition, Mr. Barlow received a prestigious
commendation from the State Department's Legal Advisor for
assistance to President Ronald Reagan and Secretary of State
George P. Schultz for triggering the Solarz Amendment relating
to termination of military and economic aid to Pakistan for
exporting nuclear weapons technology.
(7) In a classified hearing following the arrests of the
Pakistani agents, Mr. Barlow, as the Central Intelligence
Agency's top expert, testified truthfully to the Subcommittee
on Asian Pacific Affairs of the Committee on International
Relations of the House of Representatives, then known as the
House Foreign Affairs Committee, that the arrested Pakistanis
were agents of the Pakistani government, and revealed that
Pakistan had continued to regularly violate United States
nuclear export laws.
(8) Mr. Barlow's actions revealed that certain Executive
Branch officials had been withholding this information from the
Congressional committees.
(9) In 1989, Mr. Barlow joined the Office of the Secretary
of Defense in the Office of Non-proliferation where he
continued to investigate Pakistani proliferation networks.
(10) In April 1989, Mr. Barlow received an outstanding
performance review from his Department of Defense supervisors,
and in June 1989 he was promoted.
(11) During the spring and early summer of 1989, Mr. Barlow
told his supervisors on a number of occasions that he had
serious concerns that Executive Branch officials were
concealing intelligence about Pakistan's nuclear program from
Congress and were obstructing pending criminal investigations
into Pakistan's procurement efforts in order to avoid
triggering the Pressler and Solarz Amendments and to obtain
approval for a proposed $1,400,000,000 sale of F-16 jets to
Pakistan.
(12) On August 2, 1989, Mr. Barlow raised concerns about
false testimony given by senior officials to the Congress on
Pakistan's nuclear capabilities to the Subcommittee on Asian
Pacific Affairs of the Committee on International Relations of
the House.
(13) On August 4, 1989, several weeks after being promoted,
Richard Barlow was handed a notice of pending termination.
(14) On August 8, 1989, Mr. Barlow's security clearances
were suspended for reasons that were classified and not
revealed to him.
(15) On August 26, 1989, Mr. Barlow, under threat of
firing, was offered a series of menial, temporary assignments
by Department of Defense personnel and security officials
concerned about possible retaliation against him as a
Congressional whistleblower by senior officials in the Office
of the Secretary of Defense.
(16) Mr. Barlow then underwent a 9-month long security
investigation involving numerous allegations levied against him
by his superiors in the Office of Secretary of Defense, all of
which were found to be false.
(17) In March of 1990, Mr. Barlow then had his security
clearance restored and remained in a series of temporary
assignments until February 1992, when he then resigned under
duress.
(18) At the time of his separation from government service,
Mr. Barlow had completed 8 years of government service.
(19) Mr. Barlow's temporary loss of his security clearance
and personnel actions against him damaged his reputation and
left him unable to find suitable employment inside the
Government.
(20) For the next 15 years, Mr. Barlow continued to serve
his country as a consultant to the intelligence and law
enforcement communities working on complex counterintelligence
and counter-proliferation operations without the benefits he
would have had if he had continued as a Federal employee.
(21) In 1998, a Private Relief Bill (S. 2274, 105th
Congress) was introduced to provide compensation to Mr. Barlow.
On October 5, 1998, the Senate passed S. Res. 256, which
referred the bill to the Court of Federal Claims instructing
the court to advise the Congress as to ``the nature, extent,
and character of the claim for compensation referred to in such
bill as a legal or equitable claim against the United States or
a gratuity''.
(22) With Senate Resolution 256, the Senate recognized the
importance of protecting Federal employees who inform Congress
of Executive Branch distortions of the truth and other
wrongdoing.
(23) On March 6, 2000, the Government filed a protective
order under the state secrets privilege for documents requested
under discovery by Mr. Barlow relating to the Pakistan nuclear
program.
(24) The documents denied under the state secret privilege
were documents that Mr. Barlow had official access to prior to
the loss of clearance.
(25) The documents denied under the state secrets privilege
were subpoenaed by Mr. Barlow to substantiate the allegations
he originally made regarding his claim of false testimony of
Government officials to Congress on the Pakistan nuclear
weapons program and the actions taken against him.
(26) The evidence withheld from the Court as a result of
the state secrets privilege included significant, sworn
statements from a number of senior intelligence, Department of
State, and Department of Defense officials corroborating Mr.
Barlow's charges of Executive Branch wrongdoing.
(27) As a result of the use of the state secrets privilege,
Mr. Barlow and the United States Court of Federal Claims did
not have access to evidence and information necessary to
evaluate the key information relating to the merits of Mr.
Barlow's case and accurately report its findings to the Senate.
(28) Since Mr. Barlow's separation from government service
in 1992, five Senate and five House committees have intervened
in support of Mr. Barlow's case on a bipartisan basis, and
investigations by the Central Intelligence Agency, State
Department Inspectors General, and the Government
Accountability Office have corroborated Mr. Barlow's findings
or found that personnel actions were taken against him in
reprisal.
(29) Richard Barlow is recognized for his patriotism and
service to his country.
(b) Compensation of Certain Losses.--
(1) In general.--The Secretary of the Treasury shall pay,
out of any money in the Treasury not otherwise appropriated, to
Richard M. Barlow of Bozeman, Montana, the sum of $1,900,000
for the losses incurred by Richard M. Barlow relating to and as
a direct consequence of personnel and security actions taken by
the Department of Defense beginning on August 4th, 1989.
(2) No inference of liability.--Nothing in this section
shall be construed as an inference of liability on the part of
the United States.
(3) No agents and attorneys fees.--None of the payment
authorized by this section may be paid to or received by any
agent or attorney for any services rendered in connection with
obtaining such payment. Any person who violates this subsection
shall be guilty of a misdemeanor and shall be subject to a fine
in the amount provided in title 18, United States Code.
(4) Non-taxability of payment.--The payment authorized by
this section is in partial reimbursement for losses incurred by
Richard Barlow as a result of the personnel actions taken by
the Department of Defense and is not subject to Federal, State,
or local income taxation. | Provides for the relief of Richard M. Barlow of Bozeman, Montana. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Connect with Veterans Act of 2015''.
SEC. 2. VOLUNTARY NATIONAL DIRECTORY OF VETERANS.
(a) Program Required.--
(1) In general.--The Secretary of Veterans Affairs, in
coordination with the Secretary of Defense, shall establish a
program to facilitate outreach to veterans by covered entities.
(2) Covered entities.--For purposes of this section, a
covered entity is any of the following:
(A) The Department of Veterans Affairs.
(B) The agency or department of a State that is the
primary agency or department of the State for the
administration of benefits and services for veterans in
the State.
(C) A political subdivision of a State.
(D) An Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)).
(3) National directory.--To carry out the program required
by paragraph (1), the Secretary of Veterans Affairs shall--
(A) establish a national directory of veterans as
described in subsection (b); and
(B) share information in the directory in
accordance with subsection (c).
(b) National Directory.--
(1) In general.--The Secretary of Veterans Affairs shall
establish the national directory required by subsection (a)(3)
using information received from the Secretary of Defense under
subsection (d)(4).
(2) Updates.--The Secretary of Veterans Affairs shall
ensure that the national directory includes a mechanism by
which a participating individual can update the information in
the national directory that pertains to the participating
individual.
(3) Disenrollment.--The Secretary shall establish a
mechanism by which a participating individual can indicate to
the Secretary that the individual would no longer like to
receive information from participating entities under the
program.
(4) Reenrollment.--The Secretary shall establish a
mechanism for the inclusion of information in the national
directory of individuals who were previously participating
individuals but who had made an indication under paragraph (3)
and subsequently indicate that they would like to receive
information from participating entities under the program.
(5) Privacy and security.--The Secretary shall take such
actions as the Secretary considers appropriate to protect--
(A) the privacy of individuals participating in the
program; and
(B) the security of the information stored in the
national directory.
(6) Ebenefits.--The Secretary of Veterans Affairs may use
the system and architecture of the eBenefits Internet website
of the Department of Veterans Affairs to support and operate
the national directory as the Secretary considers appropriate.
(c) Outreach.--
(1) Sharing of directory information.--
(A) In general.--Except as provided in paragraph
(2), in order to connect participating individuals with
information about the programs they could be eligible
for or services, support, and information they may be
interested in receiving, the Secretary of Veterans
Affairs may share, under the program established under
subsection (a)(1), information in the national
directory concerning such individuals with entities
applicable to participating individuals.
(B) Entities applicable to participating
individuals.--For purposes of this subsection, an
entity that is applicable to a participating individual
is a covered entity from whom a participating
individual has expressed interest in receiving
information under the program.
(C) Updated information.--In a case in which a
participating individual updates the information
pertaining to the participating individual under
subsection (b)(2), the Secretary shall transmit such
information to each entity applicable to the
participating individual.
(D) Notification of disenrollment.--In a case in
which a participating individual indicates to the
Secretary under subsection (b)(3) that the individual
would no longer like to receive information from
participating entities under the program, the Secretary
shall inform each entity applicable to the
participating individual that the individual would no
longer like to receive information from the entity
under the program.
(2) Limitations.--
(A) Limitations on the secretary.--
(i) Information shared.--Under the program,
the Secretary of Veterans Affairs may only
share from the national directory the
following:
(I) The name of a participating
individual.
(II) The e-mail address of a
participating individual.
(III) The postal address of a
participating individual.
(IV) The phone number of a
participating individual.
(V) Information on the types of
benefits and services for which a
participating individual would like to
receive communication and outreach, as
collected under subsection
(d)(2)(B)(iii).
(ii) Prohibition on sale of information.--
The Secretary may not sell any information
collected under this section.
(iii) Entities.--The Secretary may not
share any information collected under the
program with any entity that is not a
participating entity.
(B) Limitations on participating entities.--
(i) Sharing with third-party and for-profit
entities.--As a condition of participation in
the program, a participating entity shall agree
not to share any information the participating
entity receives under the program with any
third-party or for-profit entity.
(ii) Purchases of products or services.--As
a condition of participation in the program, a
participating entity shall agree not to include
in any information sent by the participating
entity to a participating individual a
requirement that the participating individual
or the family of the participating individual
purchase a product or service.
(iii) Political communication.--As a
condition of participation in the program, a
participating entity shall agree not to use any
information received under the program for any
political communication.
(3) Disenrollment by participating entities.--The Secretary
shall establish a mechanism by which a participating entity may
indicate to the Secretary that the participating entity would
no longer like to receive information about participating
individuals from the national directory.
(4) Sense of congress.--
(A) Consolidation of requests.--It is the sense of
Congress that covered entities described in subsection
(a)(2)(C) who are located in the same region should
work together in a manner such that only one of them
requests receipt of information under the program.
(B) Collaboration.--It is the sense of Congress
that covered entities described in subsection (a)(2)(C)
should work with third parties, such as veterans
service organizations, military community groups, and
other entities with an interest in assisting veterans,
to develop the information the covered entities send to
participating individuals under the program.
(5) Publicity.--The Secretary shall develop a plan to
publicize the program and inform covered entities of the
benefits of participating in the program.
(d) Collection of Contact Information.--
(1) In general.--To each member of the Armed Forces
separating from service in the Armed Forces, the Secretary of
Defense shall provide a form for the collection of information
to be included in the national directory established under
subsection (a).
(2) Form.--
(A) Development.--The Secretary of Defense shall,
in consultation with the Secretary of Veterans Affairs,
develop the form provided under paragraph (1).
(B) Elements.--The form developed under
subparagraph (A) shall allow a member of the Armed
Forces who is in the process of separating from service
in the Armed Forces to indicate the following:
(i) Where the member intends to reside
after separation.
(ii) How the individual can best be
contacted, such as a telephone number, an e-
mail address, or a postal address.
(iii) For which types of benefits and
services the member would like to receive
communication and outreach, such as health
care, education, employment, and housing.
(iv) From which of the following the member
would like to receive the communication and
outreach specified under clause (iii):
(I) The Department of Veterans
Affairs.
(II) The agency or department of
the State in which the member intends
to reside after separation that is the
primary agency or department of the
State for the administration of
benefits and services for veterans in
the State.
(III) A political subdivision of a
State.
(C) Notice.--The form developed under subparagraph
(A) shall include notice of the following:
(i) Information provided to agencies and
departments described in subparagraph
(B)(iv)(II) will only be provided as authorized
and upon request by such agencies and
departments.
(ii) Political subdivisions of States that
receive information under the program
established under subsection (a) may--
(I) share such information with
such nonprofit organizations as the
political subdivisions consider
appropriate; and
(II) work with such organizations
to provide the veterans with relevant
information about benefits and services
offered by such organizations.
(iii) Information provided on the form
developed under subparagraph (A) will never be
sold, provided to a for-profit entity, or used
to send any sort of political communication.
(D) Manner.--The Secretary of Defense shall ensure
that the form provided under paragraph (1) is not
primarily electronic in nature.
(3) Voluntary participation.--The Secretary of Defense
shall ensure that completion of the form provided under
paragraph (1) is voluntary and submittal of such form to the
Secretary by a member of the Armed Forces shall be considered
an indication to the Secretary that the member would like to
receive information from participating entities under the
program.
(4) Transmittal of information to secretary of veterans
affairs.--Not later than 30 days after the date on which a
member of the Armed Forces who submitted information to the
Secretary of Defense under this subsection separates from
service in the Armed Forces, the Secretary of Defense shall
transmit such information to the Secretary of Veterans Affairs.
(5) Privacy and security.--The Secretary of Defense shall
take such actions as the Secretary considers appropriate to
protect--
(A) the privacy of individuals who submit
information under this subsection; and
(B) the security of such information--
(i) while it is in the possession of the
Secretary; and
(ii) while it is in transit to the
Secretary of Veterans Affairs.
(6) Integration with transition assistance program.--The
Secretary of Defense and the Secretary of Labor shall jointly
take such actions as the secretaries consider appropriate to
integrate the collection of information under this subsection
into the Transition Assistance Program.
(e) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
and the Secretary of Defense shall jointly submit to the
appropriate committees of Congress a report on the program
established under subsection (a)(1).
(2) Contents.--The report submitted under paragraph (1)
shall include an examination and assessment of the following:
(A) The signup process and the effectiveness of the
forms developed and provided under subsection (d).
(B) The ways in which contact information is
transferred from the Secretary of Defense to the
Secretary of Veterans Affairs under the program and the
plans of the secretaries to overcome challenges
encountered by the secretaries in transferring such
information.
(C) The number of covered entities described in
subsection (a)(2)(C) participating in the program and
any challenges they report in receiving the contact
information from the Secretary of Veterans Affairs
under the program.
(D) The effectiveness of efforts of the Secretary
of Veterans Affairs and the Secretary of Defense to
protect the personal information of participating
individuals.
(E) The effectiveness of efforts of covered
entities described in subsection (a)(2)(C) to protect
the personal information of participating individuals.
(F) Whether additional limitations on the use of
information collected under the program are necessary
to protect participating individuals from unwanted
contact, or contact that is inconsistent with the
program.
(G) Whether participating individuals are
benefitting by participating in the program and whether
changing the program would improve such benefits.
(H) The overall participation in the program,
utilization of the program, and how such participation
and utilization could be improved.
(I) Such other matters as the secretaries consider
appropriate.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means the following:
(A) The Committee on Veterans' Affairs, the
Committee on Armed Services, and the Subcommittee on
Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the
Senate.
(B) The Committee on Veterans' Affairs, the
Committee on Armed Services, and the Subcommittee on
Military Construction, Veterans Affairs and Related
Agencies of the Committee on Appropriations of the
House of Representatives.
(f) Definitions.--In this section:
(1) Participating entity.--The term ``participating
entity'' means a covered entity that has indicated to the
Secretary of Veterans Affairs that the covered entity would
like to receive information about participating individuals
from the national directory and has made no subsequent
indication that the covered entity would like to stop receiving
such information.
(2) Participating individual.--The term ``participating
individual'' means an individual with respect to whom
information is stored in the national directory and who has
indicated to the Secretary of Veterans Affairs or the Secretary
of Defense that the individual would like to receive
information from participating entities under the program and
has made no subsequent indication that the individual would
like to stop receiving such information. | Connect with Veterans Act of 2015 Requires the Department of Veterans Affairs (VA) to establish a program to facilitate VA outreach to veterans, primary state agencies for the administration of veterans' benefits and services, political subdivisions of states, and Indian tribes. Requires the VA, to carry out such program, to: (1) establish a national veterans directory, and (2) share directory information with any such entities from which a participating individual has expressed interest in receiving information. Prohibits: (1) the VA from selling information collected under this Act, (2) the VA or any participating entity from sharing such information with a non-participating entity, or (3) any participating entity from using any such information for any political communication or from requiring any participating individual to purchase any product or service. Requires the Department of Defense (DOD) to: (1) provide to each member of the Armed Forces separating from service a form for the collection of information to be included in the directory, (2) ensure that completion of the form is voluntary, and (3) take steps to protect the privacy of individuals and the security of information. Directs DOD and the Department of Labor jointly to take steps to integrate the collection of information under this Act into the Transition Assistance Program. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Benefits Eligibility
Fairness Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The intent of the Employee Retirement Income Security
Act of 1974 to protect the pension and welfare benefits of
workers is frustrated by the practice of mislabeling employees
to improperly exclude them from employee benefit plans.
Employees are wrongly denied benefits when they are mislabeled
as temporary employees, part-time employees, leased employees,
agency employees, staffing firm employees, and contractors. If
their true employment status were recognized, mislabeled
employees would be eligible to participate in employee benefit
plans because such plans are offered to other employees
performing the same or substantially the same work and working
for the same employer.
(2) Mislabeled employees are often paid through staffing,
temporary, employee leasing, or other similar firms to give the
appearance that the employees do not work for their worksite
employer. Employment contracts and reports to government
agencies also are used to give the erroneous impression that
mislabeled employees work for staffing, temporary, employee
leasing, or other similar firms, when the facts of the work
arrangement do not meet the common law standard for determining
the employment relationship. Employees are also mislabeled as
contractors and paid from non-payroll accounts to give the
appearance that they are not employees of their worksite
employer. These practices violate the Employee Retirement
Income Security Act of 1974.
(3) Employers are amending their benefit plans to add
provisions that exclude mislabeled employees from participation
in the plan even in the event that such employees are
determined to be common law employees and otherwise eligible to
participate in the plan. These plan provisions violate the
Employee Retirement Income Security Act of 1974.
(4) As a condition of employment or continued employment,
mislabeled employees are often required to sign documents that
purport to waive their right to participate in employee benefit
plans. Such documents inaccurately claim to limit the authority
of the courts and applicable Federal agencies to correct the
mislabeling of employees and to enforce the terms of plans
providing for their participation. This practice violates the
Employee Retirement Income Security Act of 1974.
(b) Purpose.--The purpose of this Act is to clarify applicable
provisions of the Employee Retirement Income Security Act of 1974 to
ensure that employees are not improperly excluded from participation in
employee benefit plans as a result of mislabeling of their employment
status.
SEC. 3. ADDITIONAL STANDARDS RELATING TO MINIMUM PARTICIPATION
REQUIREMENTS.
(a) Required Inclusion of Service.--Section 202(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1052(a)(3))
is amended by adding at the end the following new subparagraph:
``(E) For purposes of this section, in determining `years of
service' and `hours of service', service shall include all service for
the employer as an employee under the common law, irrespective of
whether the worker--
``(i) is paid through a staffing firm, temporary help firm,
payroll agency, employment agency, or other such similar
arrangement,
``(ii) is paid directly by the employer under an
arrangement purporting to characterize an employee under the
common law as other than an employee, or
``(iii) is paid from an account not designated as a payroll
account.''
(b) Exclusion Precluded When Related to Certain Purported
Categorizations.--Section 202 of such Act (29 U.S.C. 1052) is amended
further by adding at the end the following new subsection:
``(c)(1) Subject to paragraph (2), a pension plan shall be treated
as failing to meet the requirements of this section if any individual
who--
``(A) is an employee under the common law, and
``(B) performs the same work (or substantially the same
work) for the employer as other employees who generally are not
excluded from participation in the plan,
is excluded from participation in the plan, irrespective of the
placement of such employee in any category of workers (such as
temporary employees, part-time employees, leased employees, agency
employees, staffing firm employees, contractors, or any similar
category) which may be specified under the plan as ineligible for
participation.
``(2) Nothing in paragraph (1) shall be construed to preclude the
exclusion from participation in a pension plan of individuals who in
fact do not meet a minimum service period or minimum age which is
required under the terms of the plan and which is otherwise in
conformity with the requirements of this section.''
SEC. 4. WAIVERS OF PARTICIPATION INEFFECTIVE IF RELATED TO
MISCATEGORIZATION OF EMPLOYEE.
Section 202 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1052) (as amended by section 3) is amended further by adding
at the end the following new subsection:
``(d) Any waiver or purported waiver by an employee of
participation in a pension plan or welfare plan shall be ineffective if
related, in whole or in part, to the miscategorization of the employee
in 1 or more ineligible plan categories.''
SEC. 5. OBJECTIVE ELIGIBILITY CRITERIA IN PLAN INSTRUMENTS.
Section 402 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1102) is amended by adding at the end the following new
subsection:
``(c)(1) The written instrument pursuant to which an employee
benefit plan is maintained shall set forth eligibility criteria which--
``(A) include and exclude employees on a uniform basis;
``(B) are based on reasonable job classifications; and
``(C) are based on objective criteria stated in the
instrument itself for the inclusion or exclusion (other than
the mere listing of an employee as included or excluded).
``(2) No plan instrument may permit an employer or plan sponsor to
exclude an employee under the common law from participation
irrespective of the placement of such employee in any category of
workers (such as temporary employees, leased employees, agency
employees, staffing firm employees, contractors, or any similar
category) if the employee--
``(A) is an employee of the employer under the common law,
``(B) performs the same work (or substantially the same
work) for the employer as other employees who generally are not
excluded from participation in the plan, and
``(C) meets a minimum service period or minimum age which
is required under the terms of the plan.''
SEC. 6. ENFORCEMENT.
Section 502(a)(3)(B) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1132(a)(3)(B)) is amended--
(1) by striking ``or'' in clause (i) and inserting a comma,
(2) by striking the semicolon at the end of clause (ii) and
inserting ``, or'', and
(3) by adding at the end the following: ``(iii) to provide
relief to employees who have been miscategorized in violation
of sections 202 and 402;''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to plan
years beginning on or after the date of the enactment of this Act. | Sets forth additional standards relating to minimum requirements for such plan participation. Prohibits employers from excluding from plans such individuals who work full-time, on an indefinite long-term basis, by miscategorizing them as temporary workers. Prohibits any such exclusion based on certain purported categorizations. Makes waivers of plan participation ineffective if related to such miscategorization of employees. Requires objective eligibility criteria in plan instruments. Sets forth enforcement procedures to provide relief to employees who have been miscategorized in violation of this Act. | billsum_train |
Condense the following text into a summary: SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Family and Community Endeavor
Schools Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) children in areas with high incidences of poverty are
more likely to be exposed to problems created by economic
depreciation, poor housing, overwhelming family
responsibilities, inadequate parental educational background or
parental substance abuse and are at risk of failure;
(2) students from poor families are 3 times more likely to
drop out of school than students from more advantaged homes;
(3) without social intervention, at-risk children are often
unable to improve academic performance;
(4) schools are accessible, central resources in every
community where social and educational services can be
coordinated and disseminated to at-risk children and their
families;
(5) schools are most effective at serving a community when
the people of the community are involved in school management
and help design activities to fulfill the needs of children in
the community; and
(6) many schools have successfully improved the academic
performance and social development of at-risk children by
instituting an organizational and management plan that
incorporates parental involvement in school management and
incorporates mental health and social intervention services in
the daily academic curriculum.
(b) Purpose.--It is the purpose of this Act to improve the overall
development of at-risk children who reside in eligible communities as
defined in section 12.
SEC. 3. PROGRAM AUTHORITY.
The Secretary may award grants on a competitive basis to eligible
local entities to pay for the Federal share of assisting eligible
communities to develop and carry out programs in accordance with this
Act. No local entity shall receive a grant of less than $250,000 in a
fiscal year. Amounts made available through such grants shall remain
available until expended.
SEC. 4. PROGRAM REQUIREMENTS.
(a) Improvement Programs.--A local entity that receives funds under
this Act shall develop or expand programs that are designed to improve
academic and social development by instituting a collaborative
structure that trains and coordinates the efforts of teachers,
administrators, social workers, guidance counselors, parents, and
school volunteers to provide concurrent social services for at-risk
students at selected public schools in eligible communities.
(b) Optional Activities.--A local entity that receives funds under
this Act may develop a variety of programs to serve the comprehensive
needs of students, including--
(1) homework assistance and after-school programs,
including educational, social, and athletic activities;
(2) nutrition services;
(3) mentoring programs;
(4) family counseling; and
(5) parental training programs.
SEC. 5. ELIGIBLE COMMUNITY IDENTIFICATION.
The Secretary through regulation shall define the criteria
necessary to qualify as an eligible community as defined in section
12(3).
SEC. 6. GRANT ELIGIBILITY.
To be eligible to receive a grant under this section, a local
entity shall--
(1) identify an eligible community to be assisted;
(2) develop a community planning process that includes--
(A) parents and family members;
(B) local school officials;
(C) teachers employed at schools within the
eligible community;
(D) public housing resident organization members,
where applicable; and
(E) public and private nonprofit organizations that
provide education, child protective services or other
human services to low-income, at-risk children and
their families; and
(3) develop a concentrated strategy for implementation of
the community planning process developed under paragraph (2)
that targets clusters of at-risk children in the eligible
community.
SEC. 7. APPLICATIONS.
(a) Application Required.--To be eligible to receive a grant under
this Act, a local entity shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information, as
the Secretary may reasonably require, and obtain approval of such
application.
(b) Contents of Application.--Each application submitted under
subsection (a) shall--
(1) contain a comprehensive plan for the program that is
designed to improve the academic and social development of at-
risk children in schools in the eligible community;
(2) provide evidence of support for accomplishing the
objectives of such plan from--
(A) community leaders;
(B) a school district;
(C) local officials; and
(D) other organizations that the local entity
determines to be appropriate;
(3) provide an assurance that the local entity will use
grant funds received under this section to implement the
program requirements listed in section 4;
(4) include an estimate of the number of children in the
eligible community expected to be served under the program;
(5) provide an assurance that the local entity will comply
with any evaluation requested under section 11, any research
effort authorized under Federal law, and any investigation by
the Secretary;
(6) provide an assurance that the local entity shall
prepare and submit to the Secretary an annual report regarding
any program conducted under this Act;
(7) provide an assurance that funds made available under
this section shall be used to supplement, not supplant, other
Federal funds that would otherwise be available for activities
funded under this Act; and
(8) provide an assurance that the local entity will
maintain separate accounting records for the program.
(c) Priority.--In awarding grants to carry out programs under this
Act, the Secretary shall give priority to local entities which submit
applications that demonstrate the greatest effort in generating local
support for the programs.
SEC. 8. PEER REVIEW PANEL.
(a) Establishment.--The Secretary shall establish a peer review
panel not to exceed 8 members that shall be comprised of individuals
with demonstrated experience in designing and implementing programs to
improve the academic and social development of at-risk children.
(b) Functions.--Such panel shall make recommendations to the
Secretary regarding--
(1) an illustrative model that effectively achieves the
program requirements indicated in section 4 and a process
whereby local entities can request such model; and
(2) a design for the evaluation of programs assisted under
this section.
SEC. 9. INVESTIGATIONS AND INSPECTIONS.
The Secretary may conduct such investigations and inspections as
may be necessary to ensure compliance with the provisions of this Act.
SEC. 10. FEDERAL SHARE.
(a) Payments.--The Secretary shall, subject to the availability of
appropriations, pay to each local entity having an application approved
under section 7 the Federal share of the costs of developing and
carrying out programs referred to in section 4.
(b) Federal Share.--The Federal share of such costs shall be 70
percent.
(c) Non-Federal Share.--
(1) In general.--The non-Federal share of such costs may be
in cash or in kind, fairly evaluated, including personnel,
plant, equipment, and services.
(2) Special rule.--Not less than 15 percent of the non-
Federal share of such costs shall be provided from private or
nonprofit sources.
SEC. 11. EVALUATION.
The Secretary shall require a thorough evaluation of the programs
assisted under this Act, which shall include an assessment of the
academic and social achievement of children assisted with funds
provided under this Act.
SEC. 12. DEFINITIONS.
For purposes of this Act--
(1) the term ``Secretary'' means the Secretary of the
Department of Education;
(2) the term ``local entity'' means--
(A) a local educational agency, or
(B) a community-based organization as defined in
section 1471(3) of the Elementary and Secondary
Education Act of 1965;
(3) the term ``eligible community'' means an area which
meets criteria with respect to significant poverty and
significant violent crime, and such additional criteria, as the
Secretary may by regulation require; and
(4) the term ``public school'' means a public elementary
school as defined in section 1201(t) of the Higher Education
Act of 1965 (20 U.S.C. 1141(t)), and a public secondary school,
as defined in section 1201(d) of such Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated out of the Violent Crime
Reduction Trust Fund established under section 1115 of title 31, United
States Code, $100,000,000 for each of fiscal years 1995, 1996, 1997,
1998, and 1999 to carry out this Act. | Family and Community Endeavor Schools Act - Authorizes the Secretary of Education to make competitive grants to local entities for programs to improve the overall academic and social development of at-risk children in eligible communities.
Requires the assisted local entities to institute a collaborative structure that trains and coordinates efforts of teachers, administrators, social workers, guidance counselors, parents, and school volunteers to provide concurrent social services for at-risk students at selected public schools in eligible communities. Allows such entities to develop various programs to serve the comprehensive needs of students, including: (1) homework assistance and afterschool educational, social, and athletic activities; (2) nutrition services; (3) mentoring; (4) family counseling; and (5) parental training.
Directs the Secretary to establish a peer review panel to recommend an illustrative model and an evaluation design for such programs.
Authorizes appropriations for this Act out of specified amounts from the Violent Crime Reduction Trust Fund. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Carrier Safety Improvement Act
of 1999''.
SEC. 2. ESTABLISHMENT OF A MOTOR CARRIER SAFETY ADMINISTRATION.
(a) In General.--Chapter 1 of subtitle I of title 49, United States
Code, is amended by adding at the end thereof the following:
``Sec. 113. Motor Carrier Safety Administration
``(a) Establishment.--The Motor Carrier Safety Administration is an
administration of the Department of Transportation.
``(b) Administrator.--The Head of the Administration is an
Administrator who is appointed by the President, by and with the advice
and consent of the Senate, and shall be an individual with professional
experience in motor carrier safety. The Administrator reports directly
to the Secretary.
``(c) Functions, Powers, and Duties.--The Administrator shall carry
out--
``(1) duties and powers related to motor carrier safety
vested in the Secretary by chapters 5, 311, 313, 315, and 317
of this title; and
``(2) other functions, powers, and duties of the Secretary
related to motor carriers as prescribed by the Secretary,
except for the authority to promulgate motor vehicle safety
standards applicable to the manufacture and retrofit of trucks
and buses which authority shall be in the National Highway
Traffic Safety Administration.
``(d) Motor Coach Division.--Within the Administration, there shall
be a separate division to oversee commercial motor coach safety and to
carry out other functions, powers, and duties of the Secretary as
prescribed by the Secretary.
``(e) Continuity of Operations.--
``(1) In general.--Except as otherwise provided in the
Motor Carrier Safety Improvement Act of 1999, or the amendments
made thereby, the Administrator shall perform all functions
that, immediately before the effective date of such Act, were
functions of the Office of Motor Carrier and Highway Safety of
the Federal Highway Administration or were performed by any
officer or employee of the Office of Motor Carrier and Highway
Safety in the capacity of such officer or employee. Those
personnel, property, and records employed, used, held,
available, or to be made available in connection with a
function transferred to the Administrator by this Act shall be
transferred to the Administrator for use in connection with the
functions transferred, and unexpended balances of
appropriations, allocations, or other funds of the Office of
Motor Carrier and Highway Safety shall also be transferred to
the Administrator.
``(2) Cap on personnel and funding at fy 2000 level.--
Except as otherwise provided in the Motor Carrier Safety
Improvement Act of 1999, or the amendments made thereby, the
number of personnel employed by, and funds available for
operations of, the Motor Carrier Safety Administration shall
not exceed the number of personnel, or funds available,
respectively, within the Department of Transportation for the
duties, powers, and functions described in subsection (c) for
fiscal year 2000.''.
(b) Conforming Amendments.--
(1) Federal highway administration.--Section 104 of title
49, United States Code, is amended--
(A) by inserting ``and'' after the semicolon in
subsection (c)(1);
(B) by striking paragraph (2) of subsection (c) and
redesignating paragraph (3) as paragraph (2); and
(C) by striking subsection (d) and redesignating
subsection (e) as subsection (d).
(2) Chapter analysis.--The chapter analysis for such
chapter is amended by adding at the end thereof the following:
``113. Motor Carrier Safety Administration.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Motor Carrier Safety Administration.--There are authorized to
be appropriated to the Secretary of Transportation from the Highway
Trust Fund (other than from the Mass Transit Account) such sums as may
be necessary to pay the operating expenses of the Motor Carrier Safety
Administration.
(b) Availability of Amounts for State Grants.--Section 31104(a) of
title 49, United States Code is amended to read as follows:
``(a) In General.--The following amounts are authorized for the
Secretary of Transportation to incur obligations to carry out section
31102:
``(1) Not more than $120,500,000 for fiscal year 2000, of
which not less than $95,000,000 will be made available from the
Highway Trust Fund (other than the Mass Transit Account).
``(2) Not more than $125,500,000 for fiscal year 2001, of
which not less than $100,000,000 will be made available from
the Highway Trust Fund (other than the Mass Transit Account).
``(3) Not more than $130,500,000 for fiscal year 2002, of
which not less than $105,000,000 will be made available from
the Highway Trust Fund (other than the Mass Transit Account).
``(4) Not more than $135,500,000 for fiscal year 2003, of
which not less than $110,000,000 will be made available from
the Highway Trust Fund (other than the Mass Transit
Account).''.
(c) Contract Authority Funding for Information Systems.--
(1) In general.--Section 31107 of title 49, United States
Code, is amended--
(A) by striking so much of the section as precedes
subsection (b) and inserting the following:
``Sec. 31107. Authorization of appropriations and contract authority
funding for information systems
``(a) Funding.--The following amounts are authorized to carry out
sections 31106 and 31309 of this title:
``(1) Not more than $35,000,000 for fiscal year 2000, of
which not less than $10,000,000 will be made available from the
Highway Trust Fund (other than the Mass Transit Account).
``(2) Not more than $36,500,000 for fiscal year 2001, of
which not less than $12,000,000 will be made available from the
Highway Trust Fund (other than the Mass Transit Account).
``(3) Not more than $36,500,000 for fiscal year 2002, of
which not less than $12,000,000 will be made available from the
Highway Trust Fund (other than the Mass Transit Account).
``(4) Not more than $39,500,000 for fiscal year 2003, of
which not less than $15,000,000 will be made available from the
Highway Trust Fund (other than the Mass Transit Account).'';
and
(B) by redesignating subsection (b) as subsection
(c), and inserting after subsection (a) the following:
``(b) Emergency CDL Program Grants.--Of the amounts authorized by
subsection (a), the Secretary may provide a grant of up to $1,000,000
to a grant to a State whose commercial driver's license program is in
danger of being designated as failing to fulfill compliance
requirements. If the Secretary determines a State will not fulfill
compliance requirements after it has received such a grant, the
Secretary shall immediately suspend the State's authority to issue
commercial driver's licenses.''.
(2) Conforming amendment.--The analysis for such chapter is
amended by striking the item relating to section 31107 and
inserting the following:
``31107. Authorization of appropriations and contract authority funding
for information systems.''.
SEC. 4. ADMINISTRATIVE IMPROVEMENTS.
The Secretary of Transportation shall implement the safety
improvement recommendations provided for in the Department of
Transportation Inspector General's Report TR-1999-91. The Secretary
shall report to the Senate Committee on Commerce, Science, and
Transportation and the House Committee on Transportation and
Infrastructure the specific actions taken to carry out this section
every 90 days, beginning 90 days after the date of enactment of this
Act, until all of those recommendations have been implemented.
SEC. 5. IMPROVEMENTS TO THE COMMERCIAL DRIVERS LICENSE PROGRAM.
(a) In General.--Section 31311(a) of title 49, United States Code,
is amended--
(1) by striking ``commercial'' the second place it appears
in paragraph (6);
(2) by striking ``cancellation.'' in paragraph (8) and
inserting ``cancellation, and the violation that resulted in
the disqualification, revocation, suspension, or cancellation
shall be recorded.'';
(3) by striking ``individual operating a commercial'' in
paragraph (9) and inserting ``individual possessing a
commercial driver's license operating a'';
(4) by striking ``violation.'' in paragraph (9) and
inserting ``violation, and the violation shall be recorded.'';
(5) by adding at the end of paragraph (10) the following:
``The State may not issue a special license or permit to an
individual who holds a commercial driver's license that permits
the individual to drive a commercial motor vehicle during a
period in which--
``(A) the individual is disqualified from operating
a commercial motor vehicle; or
``(B) the individual's driver's license is revoked,
suspended, or canceled.''; and
(6) by adding at the end thereof the following:
``(18) The State shall maintain, as part of its driver
information system, a record of each violation by, or
conviction under, a State or local motor vehicle traffic
control law while operating a motor vehicle (except a parking
violation) for each individual who holds a commercial driver's
license.
``(19) The State may not allow information regarding
violations described in section 31310 of this chapter to be
withheld or masked in any way from the record of an individual
possessing a commercial driver's license. This paragraph takes
effect on January 1, 2001.''.
(b) Withholding for Noncompliance.--Subsections (a) and (b) of
31314 of title 49, United States Code, are each amended by striking
``shall withhold'' and inserting ``may withhold up to''.
(c) Medical Certificates.--
(1) Medical certificates.--Within 6 months after the date
of enactment of this Act, the Secretary of Transportation shall
initiate a rulemaking to provide for a Federal medical
qualification certificate to be made a part of commercial
drivers' licenses issued by any State.
(2) National registry of medical providers.--The Secretary
shall initiate a rulemaking to establish a national registry of
preferred medical providers. To be listed in the registry, a
medical provider shall, at a minimum, demonstrate knowledge of
the Federal Motor Carrier Safety Standards for driver medical
and physical qualifications.
(d) Decertification Authority.--
(1) In general.--Chapter 313 of title 49, United States
Code, is amended by adding at the end thereof the following:
``Sec. 31312. Decertification authority
``If the Secretary of Transportation determines that a State is in
substantial noncompliance with this chapter, the Secretary shall--
``(1) prohibit that State from carrying out licensing
procedures under this chapter; and
``(2) prohibit that State from issuing any commercial
driver's licenses until such time the Secretary determines such
State is in compliance with this chapter.''.
(2) Conforming amendment.--The chapter analysis for chapter
313 of title 49, United States Code, is amended by adding at
the end thereof the following:
``31312. Decertification authority''.
SEC. 6. IMPROVED DATA COLLECTION AND MOTOR CARRIER SAFETY.
(a) In General.--The Secretary of Transportation shall carry out a
program, in cooperation with the States, to improve the collection and
analysis of data on crashes, including crash causation, involving
commercial motor vehicles.
(b) Program Administration.--The Secretary shall administer the
program through the National Highway Traffic Safety Administration in
cooperation with the Motor Carrier Safety Administration. The National
Highway Traffic Administration shall--
(1) enter into agreements with the States to collect data
and report the data by electronic means to a central data
repository; and
(2) train State employees and motor carrier safety
enforcement officials to assure the quality and uniformity of
the data.
(c) Use of Data.--The National Highway Traffic Safety
Administration shall--
(1) integrate the data, including driver citation and
conviction information; and
(2) make the data base available electronically to the
Motor Carrier Safety Administration, the States, motor
carriers, and other interested parties for problem
identification, program evaluation, planning, and other safety-
related activities.
(d) Report.--Within 3 years after the date on which the improved
data program begins, the Secretary shall transmit a report to the
Congress on the program, together with any recommendations the
Secretary finds appropriate.
(e) Funding.--For each of the fiscal years 2001, 2002, and 2003,
the Secretary may use up to $10,000,000 of the amounts made available
to the Secretary under section 31107 of title 49, United States Code,
to carry out this section.
(f) Harmonization of Reporting Violations by States.--The Secretary
of Transportation, in cooperation with the States, shall develop a
uniform system to support the electronic transmission of data State-to-
State on violations of all motor vehicle traffic control laws by
individuals possessing a commercial drivers' licenses as required by
sections 31311(a)(9) and (19) of title 49, United States Code. Not
later than 2 years after the date of enactment of this act, the
Secretary shall transmit to the Committee on Commerce, Science and
Transportation and the Committee on Transportation and Infrastructure a
report on the status of the implementation of this subsection.
(g) Motor Carrier Safety Initiatives.--
(1) Event recorders.--The Secretary of Transportation shall
establish a department-wide policy to ensure the protection of
privacy for any individual or entity utilizing electronic
recorders or other technology to monitor vehicle and operator
performance or location. Under the policy established by the
Secretary the data obtained from the devices shall receive no
less protection than that provided for users and owners of
flight data recorders, cockpit voice recorders, and other forms
of safety information under Federal Aviation Administration and
National Transportation Safety Board privacy procedures or
regulations.
(2) 8-passenger vehicle safety rule.--The regulations
prescribed by the Secretary of Transportation under section
31136 of title 49, United States Code, apply to operators of
commercial motor vehicles described in section 31132(1)(B) of
such title. This paragraph takes effect 60 days after the date
of enactment of this Act.
(3) Data improvements for uniform carrier registration
system.--Section 13908 of title 49, United States Code, is
amended--
(A) by striking the last sentence of subsection
(d); and
(B) by adding at the end thereof the following:
``(f) Deadline for Operational System.--The uniform carrier
registration system developed under this section shall be in operation
no later than one year after the date of enactment of the Motor Carrier
Safety Improvement Act of 1999.''.
(4) Minimum financial responsibility.--
(A) Transportation of passengers.--Section 31138 of
title 49, United States Code, is amended--
(i) by striking ``for compensation'' in
subsection (a); and
(ii) adding at the end of subsection (c)
the following:
``(4) The Secretary shall require all persons subject to
the minimum financial responsibility requirements of this
section to file evidence of the required financial
responsibility with the Secretary.''.
(B) Transportation of Property.--Section 31139 of
title 49, United States Code, is amended--
(i) by striking ``for compensation'' in
subsection (b)(1); and
(ii) adding at the end of subsection (e)
the following:
``(4) The Secretary shall require all persons subject to
the minimum financial responsibility requirements of this
section to file evidence of the required financial
responsibility with the Secretary.''.
SEC. 7. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Transportation may establish a
Commercial Motor Vehicle Safety Advisory Committee to provide advice
and recommendations on a range of regulatory issues. The members of the
advisory committee shall be appointed by the Secretary from among
individuals affected by rulemakings under consideration by the
Department of Transportation, including representatives of labor,
industry, safety advocates, manufacturers, and safety enforcement
officials. No one interest may constitute a majority of the advisory
committee.
(b) Function.--The advisory committee established under subsection
(a) shall provide advice to the Secretary on commercial motor vehicle
safety regulations and assist the Secretary in timely completion of
ongoing rulemakings by utilizing negotiated rulemaking procedures.
SEC. 8. OWNER-CONTROLLED INSURANCE PROGRAM ACCOUNTABILITY.
(a) In General.--Section 305 of title 49, United States Code, is
amended by adding at the end thereof the following:
``(c) Owner-Controlled Insurance Program Accountability.--
``(1) In general.--For all transportation projects
receiving Federal funding, the Secretary shall--
``(A) ensure that reserves for owner-controlled
insurance programs do not exceed current and projected
liabilities, as computed using acceptable actuarial
cost methods, for claims;
``(B) in the case of liabilities that do not become
payable for more than one year after reserves are
provided, ensure that the reserve amounts do not exceed
the discounted value of the liabilities; and
``(C) ensure that adjustments in owner-controlled
insurance program premiums and reserves are made at
least annually.
``(2) Refunds.--Any refunds of insurance premiums or
reserve amounts, including interest, that exceed a project's
liabilities shall be immediately returned to the Federal
government.''. | (Sec. 3) Authorizes appropriations, with specified amounts earmarked for State grants, including emergency grants to any State whose commercial driver's license program is in danger of designation as failing to fulfill compliance requirements.
(Sec. 4) Directs the Secretary of Transportation to implement the safety improvement recommendations in the Department of Transportation Inspector General's Report TR-1999-91.
(Sec. 5) Amends Federal transportation law to prohibit a State from issuing a special license or permit to an individual who holds a commercial driver's license that permits the individual to drive a commercial motor vehicle during a period in which: (1) the individual is disqualified from operating a commercial vehicle; or (2) the individual's driver's license is revoked, suspended, or canceled.
Requires a State to maintain, as part of its driver information system, a record of each violation by, or conviction under, a State or local motor vehicle traffic control law while operating a motor vehicle (except a parking violation) for each individual who holds a commercial driver's license.
Changes from mandatory to discretionary the Secretary's authority to withhold specified percentages of apportionments from States that do not substantially comply with Federal requirements with respect to commercial motor vehicle driver licensing.
Directs the Secretary to initiate rulemaking to: (1) require a Federal medical qualification certificate as part of State-issued commercial drivers' licenses; and (2) establish a national registry of preferred medical providers.
Specifies the Secretary's authority to decertify States in substantial noncompliance with Federal requirements.
(Sec. 6) Directs the Secretary, through the National Highway Traffic Safety Administration in cooperation with the Motor Carrier Safety Administration, to carry out a program with the States to improve the collection and analysis of data on crashes, including crash causation, involving commercial motor vehicles.
Directs the Secretary to establish a department-wide policy to ensure the protection of privacy for any individual or entity utilizing electronic event recorders or other technology to monitor vehicle and operator performance or location.
Applies specified safety regulations to eight-passenger vehicles.
(Sec. 7) Authorizes the Secretary to establish a Commercial Motor Vehicle Safety Advisory Committee.
(Sec. 8) Amends Federal transportation law to require the Secretary, for all transportation projects receiving Federal funding, to ensure that: (1) reserves for owner-controlled insurance programs do not exceed current and projected liabilities for claims; and (2) adjustments in owner-controlled insurance program premiums and reserves are made at least annually. Requires return to the Federal government of any refunds of insurance premiums or reserve amounts, including interest, that exceed a project's liabilities. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Political Advertising
Act of 2016''.
SEC. 2. ALLOCATION TO POLITICAL CANDIDATES OF FREE BROADCAST TIME FOR
POLITICAL ADVERTISING.
(a) Condition of License Renewal.--Section 309(h) of the
Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting
before the period at the end thereof the following: ``; and (4) every
television broadcast station license issued under this Act shall be
subject to the free broadcast time obligations imposed by section
315(c)''.
(b) Free Time Obligations.--Section 315 of the Communications Act
of 1934 (47 U.S.C. 315) is amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) Each licensee for a television broadcasting station shall
annually make available free broadcast time for political advertising
in accordance with the requirements of this subsection. The Commission
shall not renew the license of any licensee who substantially fails or
refuses to comply with the requirements of this subsection, but such
licensee shall not be subject to any other sanction or remedy for such
failure or refusal.
``(2) A licensee subject to this subsection shall allot free
broadcast time to each qualified political candidate in accordance with
the following standards:
``(A) Such licensee shall allot an equal amount, but not
less than 2 hours, of free broadcast time each even-numbered
year to each qualified political candidate in a statewide or
national election. In the case of a television station whose
market does not encompass all of a congressional district, such
licensee may apportion to each qualified candidate from such
district a fraction of such 2 hours that is equal to the
fraction of such district's population that resides within such
market, as determined in accordance with regulations prescribed
by the Commission.
``(B) The free broadcast time allotted to any candidate
under subparagraph (A) shall be composed of units of varying
lengths of not more than 5 minutes nor less than 10 seconds, as
determined by negotiation between such candidate and the
licensee.
``(C) The broadcast time allotted by any licensee shall be
allotted so that--
``(i) at least one-half is broadcast during the
hours of 7:00 p.m. to 10:00 p.m.;
``(ii) during any election year, at least two-
thirds is broadcast during the 2 months immediately
preceding election day and at least one-half is
broadcast during the 3 weeks immediately preceding
election day;
``(iii) each qualified candidate is allotted free
broadcast time that is comparable, by time of day and
day of week, to the time allotted to other qualified
candidates for the same office; and
``(iv) no broadcaster shall allot more than 4\1/2\
hours per week of free broadcast time for political
advertising and, if the amount of time required to be
allotted by this paragraph would exceed 4\1/2\ hours,
the time required to be allotted each qualified
candidate shall be reduced proportionately.
``(D) The broadcast time shall be used solely for
programming consisting of unedited segments in which the
candidate speaks directly to the camera.
``(3) A candidate shall be treated as a qualified political
candidate for purposes of paragraph (2)(A) if the candidate's party, in
the most recent statewide or national election, received more than 2
percent of the total number of votes.
``(4) A licensee allots free broadcast time as required by this
subsection by broadcasting statements without remuneration or
compensation in any form, whether by public or private funds, tax
deduction or credit, or otherwise.
``(5) Nothing in this subsection, and no use of free broadcast time
allotted under this subsection, shall be construed to restrict or
otherwise affect the purchase of advertising time under subsection (b)
of this section.''.
SEC. 3. CABLE BROADCASTING OF POLITICAL ADVERTISING.
Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) A cable operator shall annually make available free cable
time for political advertising in accordance with the requirements of
regulations prescribed by the Commission. Such regulations shall, to
the extent practicable, require each such cable operator to provide
such free cable time in the same amounts and manner, to the same
eligible political candidates, and subject to the same conditions as
free broadcast time is required to be provided by television broadcast
station licensees under section 315(c). No franchise authority shall
renew the franchise of any cable operator that fails to comply with
such regulations, but such operator shall not be subject to any other
sanction or remedy for such failure or refusal.''. | Fairness in Political Advertising Act of 2016 This bill amends the Communications Act of 1934 to require television broadcasting station licensees and cable operators to make available annually free broadcast or cable time for political advertising. For political candidates in a statewide or national election whose parties received more than 2% of total votes in the most recent statewide or national election, the bill requires such television broadcast station licensees and cable operators to allot an equal amount (at least two hours) of free broadcast time each even-numbered year to each candidate. The bill also sets forth standards for allotting free broadcast time during the hours of 7:00 p.m. to 10:00 p.m., during specific periods before an election, and at comparable times of day and days of the week to candidates for the same office. Nothing in this bill, and no use of allotted free broadcast time, shall be construed to restrict a candidate's right to purchase other broadcast time. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inspiring New STEM Professionals by
Investing in Renovation of Education Spaces Act'' or the ``INSPIRES
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over the past 10 years, the growth in jobs requiring
science, technology, engineering, and mathematics (referred to
in this section as ``STEM'') skills was three times faster than
the growth in non-STEM jobs.
(2) STEM skills and knowledge are now required in a wide
range of occupations, including many that are not traditionally
considered to be science or engineering related.
(3) Over 50 percent of jobs that require STEM skills do not
require a baccalaureate degree, and demand for these middle-
skill STEM workers is distributed nationwide.
(4) When including sub-baccalaureate workers (those with 2-
year degrees or occupational licenses or certifications), there
may be as many as 26,000,000 jobs in the United States that
require STEM competency in at least 1 field.
(5) In recent years, the unemployment rate for STEM workers
has been approximately half of the unemployment rate of non-
STEM workers, and the average annual wage for STEM workers has
been substantially higher than that of non-STEM workers.
(6) In order for students to be high-performing, the
education facilities used by the students must also be high-
performing.
(7) Many school facilities required for STEM and career and
technical education are inefficient and outdated.
SEC. 3. CAREER AND TECHNICAL EDUCATION FACILITIES.
(a) Career and Technical Education Facilities.--Part D of title V
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241
et seq.) is amended by adding at the end the following:
``Subpart 22--Career and Technical Education Facilities
``SEC. 5621. DEFINITIONS.
``In this subpart:
``(1) Career and technical education.--The term `career and
technical education' has the meaning given the term in section
3 of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302).
``(2) Community college.--The term `community college'
means--
``(A) a junior or community college, as that term
is defined in section 312(f) of the Higher Education
Act of 1965 (20 U.S.C. 1058(f)); or
``(B) an institution of higher education (as
defined in section 101 of such Act (20 U.S.C. 1001))
that awards a significant number of degrees and
certificates, as determined by the Secretary, that are
not--
``(i) baccalaureate degrees (or an
equivalent); or
``(ii) master's, professional, or other
advanced degrees.
``(3) Eligible entity.--The term `eligible entity' means a
local educational agency, community college, or other entity
determined appropriate by the Secretary.
``(4) Qualified project.--The term `qualified project'--
``(A) means the modernization, renovation, or
repair of a facility that will be used to improve the
quality and availability of science, technology,
engineering, mathematics, or career and technical
education instruction to public elementary school or
secondary school, or community college, students, and
that may include--
``(i) improving the energy efficiency of
the facility;
``(ii) improving the cost-effectiveness of
the facility in delivering quality education;
``(iii) improving student, faculty, and
staff health and safety at the facility;
``(iv) improving, installing, or upgrading
educational technology infrastructure;
``(v) retrofitting an existing building for
career and technical education purposes; and
``(vi) a one-time repair of serviceable
equipment at the facility, or replacement of
equipment at the facility that is at the end of
its serviceable lifespan, that will be used to
further educational outcomes; and
``(B) does not include new construction or the
payment of routine maintenance costs.
``SEC. 5622. CAREER AND TECHNICAL EDUCATION FACILITIES IMPROVEMENT.
``(a) Program Authorized.--From amounts appropriated under section
5401(b), the Secretary shall carry out a program to improve career and
technical education facilities by--
``(1) awarding grants to eligible entities to enable the
eligible entities to carry out qualified projects;
``(2) guaranteeing loans made to eligible entities for
qualified projects; or
``(3) making payments of interest on bonds, loans, or other
financial instruments (other than a refinancing) that are
issued to eligible entities for qualified projects.
``(b) Application.--An eligible entity that desires to receive a
grant, loan guarantee, or payment of interest under this subpart shall
submit an application to the Secretary at such a time, in such a
manner, and containing such information as the Secretary may require.
The application shall include--
``(1) a detailed description of the qualified project;
``(2) in the case of a qualified project described in
section 5621(4)(A)(vi), a description of the educational
outcomes to be furthered by the one-time repair of serviceable
equipment or replacement of equipment;
``(3) an indication as to whether the eligible entity
prefers to receive a grant, loan guarantee, or payment of
interest;
``(4) a description of the need for the qualified project;
``(5) a description of how the eligible entity will ensure
that the qualified project will be adequately maintained;
``(6) an identification of any public elementary school or
secondary school or community college that will benefit from
the qualified project;
``(7) a description of how the qualified project will
improve instruction and educational outcomes at the facility,
including any opportunities to integrate project activities
within the curriculum of such school or community college;
``(8) a description of how the facility supported by the
qualified project will be used for providing educational
services in science, technology, engineering, mathematics, or
career and technical education;
``(9) a description of how the eligible entity will ensure
that the modernization, renovation, or repair supported by the
qualified project meets Leadership in Energy and Environmental
Design (LEED) building rating standards, Energy Star standards,
Collaborative for High Performance Schools (CHPS) criteria,
Green Building Initiative environmental design and rating
standards (Green Globes), the Living Building Challenge
certification standards, or equivalent standards adopted by
entities with jurisdiction over or related to the eligible
entity;
``(10) a description of the fiscal capacity of the eligible
entity;
``(11) the percentage of students enrolled in the public
elementary school or secondary school or community college to
be served by the qualified project who are from low-income
families;
``(12) in the case of a qualified project at a facility
that is used by students in a secondary school, the secondary
school graduation rates; and
``(13) such additional information and assurances as the
Secretary may require.
``(c) Priority.--In making awards under this subpart, the Secretary
shall use not less than a total of 25 percent of the funds appropriated
under section 5401(b) to eligible entities for qualified projects to
benefit--
``(1) public elementary schools or secondary schools served
by high-need local educational agencies, as described in
section 2102(3)(A); or
``(2) community colleges serving a substantial number of
rural students, as determined by the Secretary.
``(d) Supplement Not Supplant.--Funds made available under this
subpart shall be used to supplement, and not supplant, other Federal
and State funds available to carry out the activities supported under
this subpart.
``(e) Technical Assistance and Administrative Costs.--The Secretary
may reserve not more than 3 percent of funds appropriated under section
5401(b) for the administrative costs of this subpart and to provide
technical assistance to community colleges and local educational
agencies concerning best practices in school facility renovation,
repair, and modernization.
``(f) Reporting Requirements.--Not later than 1 year after funds
are appropriated to carry out this subpart, and every 2 years
thereafter, the Secretary shall prepare and submit to the appropriate
committees of Congress a report on the effect of the qualified projects
supported under this subpart on improving academic achievement.''.
(b) Authorization of Appropriations.--Section 5401 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is
amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) In General.--There are authorized to be appropriated to carry
out this part (except for subpart 22) the following amounts:''; and
(2) by adding at the end the following:
``(b) Authorization for Subpart 22.--There are authorized to be
appropriated to carry out subpart 22 $75,000,000 for fiscal year 2016
and each succeeding fiscal year.''.
(c) Conforming Amendments.--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 5618 the following:
``subpart 22--career and technical education facilities
``Sec. 5621. Definitions.
``Sec. 5622. Career and technical facilities improvement.''. | Inspiring New STEM Professionals by Investing in Renovation of Education Spaces Act or the INSPIRES Act Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct the Department of Education (ED) to support local educational agencies (LEAs), community colleges, and other appropriate entities in modernizing, renovating, or repairing facilities used to provide science, technology, engineering, mathematics, or career and technical education to public elementary, secondary school, or community college students. Requires ED to furnish such support by providing eligible entities with grants or loan guarantees or by making payments of interest on the financial instruments they use to fund the modernization, renovation, or repair of those facilities. Prohibits the use of that support for new construction or the payment of routine maintenance costs. Requires ED to direct at least 25% of the funds made available under this Act to: (1) public schools or secondary schools served by high-need LEAs, or (2) community colleges that serve a substantial number of rural students. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jumpstarting Our Business Sector Act
of 2009''.
SEC. 2. CAPITAL GAINS TAX RELIEF.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 139D. TEMPORARY EXCLUSION OF CERTAIN DIVIDENDS AND LONG-TERM
CAPITAL GAINS.
``In the case of taxable years beginning in 2009 and 2010, gross
income shall not include--
``(1) gain from the sale or exchange of a capital asset
held for more than 1 year, and
``(2) any qualified dividend income (as defined in section
1(h)(11)(B), determined without regard to clause (ii)(IV)
thereof and without regard to section 303 of the Jobs and
Growth Tax Relief Reconciliation Act of 2003).''.
(b) Conforming Amendment.--Clause (ii) of section 1(h)(11)(B) of
such Code is amended by striking ``and'' at the end of subclause (II),
by striking the period at the end of subclause (III) and inserting ``,
and'', and by adding at the end the following new subclause:
``(IV) any dividend excluded from
gross income under section 139D.''.
(c) Clerical Amendment.--Part III of subchapter B of chapter 1 of
such Code is amended by inserting after the item relating to section
139C the following new item:
``139D. Temporary exclusion of certain dividends and long-term capital
gains.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. TEMPORARY REDUCTION OF EMPLOYMENT TAXES.
(a) Tax on Employees.--Section 3101 of the Internal Revenue Code of
1986 is amended by adding at the end the following new subsection:
``(d) Temporary Reduction.--In the case of remuneration paid not
later than 2 years after the date of the enactment of this subsection--
``(1) subsection (a) shall be applied by substituting `3.1'
for `6.2', and
``(2) subsection (b) shall be applied by substituting
`0.725' for `1.45'.''.
(b) Tax on Self-Employed Income.--Section 1401 of such Code is
amended by adding at the end the following new subsection:
``(c) Temporary Reduction.--In the case of self-employment income
derived not later than 2 years after the date of the enactment of this
subsection--
``(1) subsection (a) shall be applied by substituting `6.2'
for `12.40', and
``(2) subsection (b) shall be applied by substituting
`1.45' for `2.90'.''.
(c) Effective Dates.--
(1) The amendment made by subsection (a) shall apply to
remuneration received on or after the first January 1 after the
date of the enactment of this Act.
(2) The amendment made by subsection (b) shall apply to
self-employment income derived on or after the first January 1
after the date of the enactment of this Act.
SEC. 4. REDUCTION IN CORPORATE MARGINAL INCOME TAX RATES.
(a) In General.--Subsection (b) of section 11 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Reduced temporary rates.--In the case of taxable
years beginning in 2009 and 2010--
``(A) In general.--Notwithstanding paragraph (1),
the amount of tax imposed by subsection (a) shall be
the sum of--
``(i) 15 percent of so much of the taxable
income as does not exceed $50,000, and
``(ii) 25 percent of so much of the taxable
income as exceeds $75,000.
``(B) Certain personal service corporations.--
Paragraph (2) shall be applied by substituting `25
percent' for `35 percent'.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2008.
SEC. 5. RATE REDUCTIONS FOR 2009 AND 2010.
Subsection (i) of section 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(4) Temporary rate reductions for 2009 and 2010.--In the
case of taxable years beginning after December 31, 2008, and
before January 1, 2011--
``(A) paragraph (1)(A)(i) shall be applied by
substituting `5 percent' for `10 percent', and
``(B) notwithstanding paragraph (1)(A)(ii), the
rate of tax under subsections (a), (b), (c), and (d) on
taxable income over the initial bracket amount (as
defined in such paragraph) but not over the maximum
bracket amount for the 15-percent rate bracket shall be
10 percent.''.
SEC. 6. RESCISSION OF UNOBLIGATED STIMULUS FUNDS.
Effective on the date of the enactment of this Act, there are
rescinded all unobligated balances of the discretionary appropriations
made available by division A of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5). | Jumpstarting Our Business Sector Act of 2009 - Amends the Internal Revenue Code to: (1) exclude from gross income in 2009 and 2010 long-term capital gains and dividend income; (2) reduce for a two year period the employment and self-employment tax rates; (3) reduce corporate income tax rates in 2009 and 2010; and (4) reduce the income tax rate for taxpayers in the lowest income tax bracket in 2009 and 2010.
Rescinds all unobligated balances of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 (stimulus funds). | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renovation Rule Improvement Act of
2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Final rule.--The term ``final rule'' means the final
rule promulgated by the Administrator entitled ``Lead;
Renovation, Repair, and Painting Program'' (73 Fed. Reg. 21692
(April 22, 2008)).
(3) Independent clearance.--The term ``independent
clearance'' means clearance of a renovation performed by a
certified assessor or certified sampling technician who was not
an individual performing the renovation.
SEC. 3. RENOVATION AND REMODELING REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall update the final rule to include requirements
that--
(1) independent clearance shall be performed by a certified
risk assessor or certified sampling technician to ensure
compliance with lead hazard standards relating to lead, lead
dust, and lead-based paint in effect as of the date of
enactment of this Act, such that--
(A) ongoing, periodic random sampling shall be
permitted so long as a sufficient number of samples are
selected to provide a 95-percent level of confidence
that none of the renovations completed by a certified
renovation firm would result in levels that exceed the
standards, as determined by the Administrator; and
(B) if random sampling indicates that a group of
particular renovations results in a level that exceeds
the standards, until such time as the Administrator
determines that the renovations of the individual or
entity achieve the level of confidence described in
subparagraph (A), the individual or entity that
completed the renovations shall be responsible for
providing for independent clearance of--
(i) each subsequent renovation completed by
the individual or entity; and
(ii) each unit renovated during the period
beginning on the date of the most recent clear
inspection and ending on the date of failure of
clearance, including offering to perform
recleaning on any unit that exceeds standards;
(2) a written renovation completion report shall be
provided to both owners and occupants of a covered property
describing all the actions that were performed to reduce lead
hazards during the work and the results of all tests performed
as part of efforts to ensure compliance with the final rule and
other applicable regulations;
(3) work practices used shall be at least as protective as
those of the Department of Housing and Urban Development
described in 35.1350 of title 24, Code of Federal Regulations
(or successor regulations); and
(4) an individual who has completed a lead-based paint
training and certification program shall be present at all
times that work is undertaken at a work site.
SEC. 4. TRAINING OPPORTUNITIES.
(a) Grant Program To Expand Training Opportunities.--
(1) Establishment.--The Administrator shall establish a
grant program to expand training opportunities relating to
lead-based paint that are available at the State and tribal
level.
(2) Use of funds.--Funds provided through grants under the
program established under paragraph (1)--
(A) shall be used by a recipient to provide no-
cost, culturally and linguistically appropriate lead-
based paint training and certification opportunities
for low-income workers, in order to ensure the
presence, at all times that work is undertaken at a
work site, of an individual who has completed a lead-
based paint training and certification program; and
(B) may be used by a recipient--
(i) to expand new and supplemental training
opportunities, giving priority to those
opportunities established and carried out in
partnership with nongovernmental organizations,
to increase the number of individuals who have
completed lead-based paint training and
certification programs that are in compliance
with updates to the final rule required under
section 3;
(ii) to maintain, improve, or develop
infrastructure and oversight to ensure that--
(I) individuals engaged in
renovation activities are properly
trained;
(II) lead-based paint training
programs are accredited;
(III) contractors and firms engaged
in renovation activities are certified;
and
(IV) renovation activities are
carried out in accordance with the
final rule (including updates to that
final rule required under section 3)
and other applicable regulations;
(iii) to provide for training of
enforcement inspectors and compliance and lead
dust sampling techniques;
(iv) to implement lead-based paint
compliance assistance programs; and
(v) to engage in education and outreach
activities regarding the final rule.
(3) Treatment of funds.--The program established under
paragraph (1), and funds provided through grants under that
program, shall supplement, and not supplant, lead-based paint
training programs and grants available as of the date of
enactment of this Act.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $7,000,000 for
the period of fiscal years 2009 through 2012.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator, in collaboration with the Secretary of
Housing and Urban Development, shall prepare, publish, and submit to
the appropriate committees of Congress a report that--
(1) analyzes the impact of the final rule on preventing
lead poisoning;
(2) analyzes training opportunities for contractors and
renovators; and
(3) makes recommendations for expansion and coordination of
that training in a manner that, to the maximum extent
practicable--
(A) maximizes coordination between the Department
of Housing and Urban Development and the Environmental
Protection Agency to ensure standard training and
curriculum development;
(B) ensures that contractors, renovators, owners,
occupants, and State, tribal, and local governments are
aware of training and certification activities provided
through the Department of Housing and Urban Development
and the Environmental Protection Agency;
(C) expands the number of individuals who have
completed lead-based paint training and certification
programs so as to ensure that such an individual is
available to be present at a work site at all times
that work is undertaken during renovations; and
(D) expands the number of individuals who have
completed sampling technician training. | Renovation Rule Improvement Act of 2008 - Requires the Administrator of the Environmental Protection Agency (EPA) to update the final rule entitled "Lead: Renovation, Repair, and Painting Program" published on April 22, 2008, to include requirements that: (1) independent clearance be performed by a certified risk assessor or certified sampling technician to ensure compliance with lead hazard standards for lead, lead dust, and lead-based paint; (2) a written renovation completion report describing all the actions to reduce lead hazards be provided to owners and occupants of a covered property; (3) work practices be at least as protective as those of the Department of Housing and Urban Development (HUD); and (4) an individual who has completed a lead-based paint training and certification program be present at all times at a work site.
Requires the Administrator to establish a grant program to expand training opportunities relating to lead-based paint that are available at the state and tribal level. Requires grant recipients to provide no-cost, culturally and linguistically appropriate lead-based paint training and certification opportunities for low-income workers.
Requires the Administrator, in collaboration with the HUD Secretary, to submit a report to specified congressional committees on the impact of the final rule on preventing lead poisoning and on training opportunities for contractors and renovators. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Transparency and
Accountability in Oil Prices Act of 2008''.
SEC. 2. SENSE OF SENATE ON ADDITIONAL EMERGENCY FUNDING FOR COMMISSION.
(a) Findings.--The House of Representatives finds that--
(1) excessive speculation may be adding significantly to
the price of oil and other energy commodities;
(2) the public and Congress are concerned that private,
unregulated transactions and overseas exchange transactions are
not being adequately reviewed by any regulatory body;
(3) an important Federal overseer of commodity speculation,
the Commodity Futures Trading Commission, has staffing levels
that have dropped to the lowest levels in the 33-year history
of the Commission; and
(4) the acting Chairman of the Commission has said publicly
that an additional 100 employees are needed in light of the
inflow of trading volume.
(b) Sense of the House.--It is the sense of the House of
Representatives that the President should immediately send to Congress
a request for emergency appropriations for fiscal year 2008 for the
Commodity Futures Trading Commission in an amount that is sufficient--
(1) to help restore public confidence in energy commodities
markets and Federal oversight of those markets;
(2) to potentially impose limits on excessive speculation
that is increasing the price of oil, gasoline, diesel, and
other energy commodities;
(3) to significantly improve the information technology
capabilities of the Commission to help the Commission
effectively regulate the energy futures markets; and
(4) to fund at least 100 new full-time positions at the
Commission to oversee energy commodity market speculation and
to enforce the Commodity Exchange Act (7 U.S.C. 1 et seq.).
SEC. 3. ADDITIONAL COMMISSION EMPLOYEES FOR IMPROVED ENFORCEMENT.
Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is
amended by adding at the end the following:
``(D) Additional employees.--As soon as practicable
after the date of enactment of this subparagraph, the
Commission shall appoint at least 100 full-time
employees (in addition to the employees employed by the
Commission as of the date of enactment of this
subparagraph)--
``(i) to increase the public transparency
of operations in energy futures markets;
``(ii) to improve the enforcement of this
Act in those markets; and
``(iii) to carry out such other duties as
are prescribed by the Commission.''.
SEC. 4. INSPECTOR GENERAL.
Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) is
amended by adding at the end the following:
``(13) Inspector general.--
``(A) Office.--There shall be in the Commission, as
an independent office, an Office of the Inspector
General.
``(B) Appointment.--The Office shall be headed by
an Inspector General, appointed in accordance with the
Inspector General Act of 1978 (5 U.S.C. App.).
``(C) Compensation.--The Inspector General shall be
compensated at the rate provided for level IV of the
Executive Schedule under section 5315 of title 5,
United States Code.
``(D) Administration.--The Inspector General shall
exert independent control of the budget allocations,
expenditures, and staffing levels, personnel decisions
and processes, procurement, and other administrative
and management functions of the Office.''.
SEC. 5. STUDY OF INTERNATIONAL REGULATION OF ENERGY COMMODITY MARKETS.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the international regime for regulating the trading
of energy commodity futures and derivatives.
(b) Analysis.--The study shall include an analysis of, at a
minimum--
(1) key common features and differences among countries in
the regulation of energy commodity trading, including with
respect to market oversight and enforcement;
(2) agreements and practices for sharing market and trading
data;
(3) the use of position limits or thresholds to detect and
prevent price manipulation, excessive speculation, or other
unfair trading practices;
(4) practices regarding the identification of commercial
and noncommercial trading and the extent of market speculation;
and
(5) agreements and practices for facilitating international
cooperation on market oversight, compliance, and enforcement.
(c) Report.--Not later than 120 days after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report that--
(1) describes the results of the study; and
(2) provides recommendations to improve openness,
transparency, and other necessary elements of a properly
functioning market in a manner that protects consumers in the
United States from the effects of excessive speculation and
energy price volatility.
SEC. 6. SPECULATIVE LIMITS AND TRANSPARENCY FOR OFF-SHORE COMMODITY
TRADING.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by
adding at the end the following:
``(e) Foreign Boards of Trade.--
``(1) In general.--In the case of any board of trade,
exchange, or market located outside of the United States, its
territories or possessions (i) for which the Commission has
granted or is considering granting an application for relief
from the requirement of subsection (a) to become a designated
contract market, derivatives transaction execution facility, or
other registered entity, and (ii) upon which there is traded
any contract, agreement, or transaction in an energy commodity
the settlement price of which is established with reference to
the price of a contract, agreement, or transaction in an energy
commodity traded on a designated contract market, derivatives
transaction execution facility or other registered entity for
which the primary physical delivery point is located within the
United States, prior to continuing to or initially granting the
relief, the Commission shall determine that the foreign board
of trade--
``(A) applies comparable principles or requirements
regarding the daily publication of trading information
and position limits or accountability levels for
speculators as apply to a designated contract market,
derivatives transaction execution facility, or other
registered entity trading energy commodities physically
delivered in the United States; and
``(B) provides such information to the Commission
regarding the extent of speculative and nonspeculative
trading in the energy commodity that is comparable to
the information the Commission determines necessary to
publish a Commitment of Traders report for a designated
contract market, derivatives transaction execution
facility, or other registered entity trading energy
commodities physically delivered in the United States.
``(2) Existing foreign boards of trade.--During the period
beginning 1 year after the date of enactment of this subsection
and ending 18 months after the date of enactment of this
subsection, the Commission shall determine whether to continue
to grant relief in accordance with paragraph (1) to any foreign
board of trade for which the Commission granted relief prior to
the date of enactment of this subsection.''.
SEC. 7. COMMISSION AUTHORITY OVER TRADERS.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as amended by
section 6) is amended by adding at the end the following:
``(f) Commission Authority Over Traders.--
``(1) In general.--Notwithstanding any other provision of
this section or any determination made by the Commission to
grant relief from the requirements of subsection (a) to become
a designated contract market, derivatives transaction execution
facility, or other registered entity, in the case of a person
located within the United States, or otherwise subject to the
jurisdiction of the Commission, trading on a foreign board of
trade, exchange, or market located outside the United States
(including the territories and or possessions of the United
States), the Commission shall have authority under this Act--
``(A) to apply and enforce section 9, including
provisions relating to manipulation or attempted
manipulation, the making of false statements, and
willful violations of this Act;
``(B) to require or direct the person to limit,
reduce, or liquidate any position to prevent or reduce
the threat of price manipulation, excessive
speculation, price distortion, or disruption of
delivery or the cash settlement process; and
``(C) to apply such recordkeeping requirements as
the Commission determines are necessary.
``(2) Consultation.--Prior to the issuance of any order
under paragraph (1) to reduce a position on a foreign board of
trade, exchange, or market located outside the United States
(including the territories and possessions of the United
States), the Commission shall consult with the foreign board of
trade, exchange, or market and the appropriate regulatory
authority.
``(3) Administration.--Nothing in this subsection limits
any of the otherwise applicable authorities of the
Commission.''.
SEC. 8. INDEX TRADERS AND SWAP DEALERS.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as amended by
section 7) is amended by adding at the end the following:
``(g) Index Traders and Swap Dealers.--Not later than 60 days after
the date of enactment of this subsection, the Commission shall--
``(1) routinely require detailed reporting from index
traders and swap dealers in markets under the jurisdiction of
the Commission;
``(2) reclassify the types of traders for regulatory and
reporting purposes to distinguish between index traders and
swaps dealers; and
``(3) review the trading practices for index traders in
markets under the jurisdiction of the Commission--
``(A) to ensure that index trading is not adversely
impacting the price discovery process; and
``(B) to determine whether different practices or
regulations should be implemented.''.
SEC. 9. DISAGGREGATION OF INDEX FUNDS AND OTHER DATA IN ENERGY MARKETS.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as amended by
section 8) is amended by adding at the end the following:
``(h) Disaggregation of Index Funds and Data in Energy Markets.--
The Commission shall disaggregate and make public monthly--
``(1) the number of positions and total value of index
funds and other passive, long-only positions in energy markets;
and
``(2) data on speculative positions relative to bona fide
physical hedgers in those markets.''. | Increasing Transparency and Accountability in Oil Prices Act of 2008 - Expresses the sense of the House of Representatives that the President should immediately send to Congress a request for emergency appropriations for FY2008 for the Commodity Futures Trading Commission (CFTC) in an amount sufficient to: (1) help restore public confidence in energy commodities markets and federal oversight of those markets; (2) potentially impose limits on excessive speculation that is increasing the price of oil, gasoline, diesel, and other energy commodities; (3) significantly improve the information technology capabilities of the CFTC to help it effectively regulate the energy futures markets; and (4) fund at least 100 new full-time positions at the CFTC to oversee energy commodity market speculation and to enforce the Commodity Exchange Act.
Amends the Commodity Exchange Act to: (1) provide for additional employees for improved enforcement; and (2) establish an independent Office of the Inspector General in the CFTC.
Direct the Comptroller General of the United States to study and report to Congress on the international regime for regulating the trading of energy commodity futures and derivatives.
Amends the Commodity Exchange Act to address the kind of case in which the CFTC grants or considers granting relief to a foreign board of trade from the requirement that it become a designated contract market, derivatives transaction execution facility, or other registered entity with respect to an energy commodity for which the primary physical delivery point is located within the United States. Requires the CFTC, before granting or considering such relief, to determine that the foreign board of trade: (1) applies comparable principles or requirements regarding the daily publication of trading information and position limits or accountability levels for speculators as apply to a designated contract market, derivatives transaction execution facility, or other registered entity trading energy commodities physically delivered in the United States; and (2) provides such information to the Commission regarding the extent of speculative and nonspeculative trading in the energy commodity that is comparable to the information the Commission determines necessary to publish a Commitment of Traders report for such a designated contract market, derivatives transaction execution facility, or other registered entity.
Authorizes the CFTC, in the case of a registered entity located within the United States, subject to CFTC jurisdiction, which trades on a foreign board of trade, exchange, or market located outside the United States, to: (1) apply and enforce provisions concerned with violations, including provisions related to manipulation or attempted manipulation, the making of false statements, and willful violations of this Act; (2) require or direct the person to limit, reduce, or liquidate any position to prevent or reduce the threat of price manipulation, excessive speculation, price distortion, or disruption of delivery or the cash settlement process; and (3) apply necessary recordkeeping requirements.
Directs the CFTC to: (1) routinely require detailed reporting from index traders and swap dealers in markets under CFTC jurisdiction; (2) reclassify the types of traders for regulatory and reporting purposes to distinguish between index traders and swaps dealers; and (3) review the trading practices for index traders in markets under CFTC jurisdiction to ensure that index trading is not adversely impacting the price discovery process, and to determine whether different practices or regulations should be implemented.
Requires the CFTC to disaggregate and make public monthly: (1) the number of positions and total value of index funds and other passive, long-only positions in energy markets; and (2) data on speculative positions relative to bona fide physical hedgers in those markets. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Freedom and Democracy Support
Act''.
SEC. 2. FINDINGS.
(1) The Government of Iran is currently seeking to develop
nuclear weapons and other weapons of mass destruction and has
an active and successful ballistic missile program.
(2) Recent revelations have shown that Iran is further
along than previously believed in enriching uranium and
developing nuclear weapons, and may only be months away from
developing the capability to manufacture nuclear weapons.
(3) There is currently not a democratic government in Iran.
Iran is an ideological dictatorship presided over by an
unelected ``Supreme Leader'' with limitless veto power, an
unelected Expediency Council, a Council of Guardians capable of
eviscerating any reforms, and a President elected only after
the Council disqualified 234 other candidates for being too
liberal, reformist, or secular.
(4) The April 2003 Department of State report on terrorism
indicates that Iran remained the most active state sponsor of
terrorism in 2002.
(5) That report also states that Iran continues to provide
funding, safehaven, training, and weapons to known terrorist
groups, notably Hizballah, HAMAS, the Palestine Islamic Jihad,
and the Popular Front for the Liberation of Palestine.
(6) Human rights have failed to improve in Iran under the
pseudo-reformers. Torture, executions after unfair trials, and
censorship of all media remain rampant throughout the country.
Stoning and beheading are used as methods of punishment.
(7) While the Government of Iran remains overtly hostile to
the United States, the people of Iran have demonstrated that
they wish for improved relations with the United States.
(8) The people of Iran have demonstrated their desire for a
democratically-elected, more secular government, committed to
protecting the human rights of all of its citizens. The people
of Iran have also demonstrated their desire to see such changes
come about through an internationally-monitored referendum.
SEC. 3. POLICY.
It is the policy of the United States to--
(1) support transparent, full democracy in Iran;
(2) support an internationally-monitored referendum in Iran
by which the Iranian people can peacefully change the system of
government in Iran;
(3) support the aspirations of the Iranian people to live
in freedom; and
(4) help the Iranian people achieve a free press and build
an open, democratic, and free society.
SEC. 4. RADIO FARDA REFORM.
(a) In General.--The Broadcasting Board of Governors shall--
(1) require the head of Radio Farda to develop programming
for Radio Farda, after consulting with--
(A) Iranian-Americans and other Iranian exiles
who--
(i) support a referendum described in
section 3(2); and
(ii) oppose the current Government of Iran;
and
(B) the Middle East Partnership Initiative (MEPI)
at the Department of State and the Bureau of
Educational and Cultural Affairs (ECA) at the
Department of State; and
(2) ensure that a significant percentage of the programming
on Radio Farda is devoted to discussing democratic change in
Iran including an internationally-monitored democratic
referendum in Iran as described in section 3(2).
(b) Translations of Written and Video Materials for the Iranian
People.--
(1) Requirement.--The MEPI and ECA shall provide grants to
appropriate entities to create and maintain websites, translate
and distribute books, videos, documents, and other materials on
democracy, rule of law free market economics, and related
topics.
(2) Consultation.--The MEPI and ECA shall consult with
nongovernmental entities and with Iranian-American opposition
groups that support the holding of an internationally-monitored
referendum in Iran as described in section 3(2) to select
materials to be translated into Persian.
(c) Iran Democracy Support Initiative.--
(1) Authority.--Notwithstanding any other provision of law,
the MEPI and ECA are authorized to award grants to an eligible
entity for the purpose of funding programs and activities to
promote a democratic referendum in Iran.
(2) Eligible entity.--The following persons are eligible
for grants under paragraph (1):
(A) A person who provides radio or television
broadcasting into Iran that includes programming
intended to promote an internationally-monitored
democratic referendum in Iran.
(B) A person who is working to promote the holding
of an internationally-monitored referendum in Iran, as
described in section 3(2).
(d) Authorization of Appropriations.--Notwithstanding any other
provision of law, not less than 5 percent of the funds appropriated to
the International Broadcasting Operations account for fiscal year 2004
shall be made available to carry out the provisions of this Act.
SEC. 5. IMMEDIATELY ENDING THE UNITED STATES IMPORTATION OF IRANIAN
GOODS.
Notwithstanding any other provision of law and except as provided
in section 6, no textile or food article that is produced, grown, or
manufactured in Iran shall enter or be imported into the United States.
SEC. 6. CONDITIONS FOR THE RESUMPTION OF UNITED STATES IMPORTATION OF
IRANIAN GOODS.
The President may waive the prohibition on the importation of
Iranian goods to the United States beginning on or after the date on
which the President transmits to Congress a certification stating
that--
(1) Iran has shown substantial progress in respecting
generally recognized human rights standards including due
process under law;
(2) Iran has ceased its support for international
terrorism; and
(3) Iran has terminated its program to develop nuclear
weapons.
SEC. 7. TRANSFER OF FUNDS TO USAID.
(a) Transfer.--If, beginning on or after the date of the enactment
of this Act, an international financial institution to which the United
States is a member provides a loan, guarantee, grant, or other form of
assistance to Iran, then, notwithstanding any other provision of law,
an amount equal to the amount of such assistance may, from amounts
available for United States contributions to the international
financial institution involved, be made available to the United States
Agency for International Development for programs to promote child
survival and to combat HIV/AIDS.
(b) Rule of Construction.--For purposes of subsection (a), the
various international financial institutions of the World Bank Group
shall be considered to comprise a single international financial
institution.
(c) Termination.--The authority of this section shall terminate on
the date on which the President transmits to Congress a certification
under section 6.
SEC. 8. REPORTS ON AL QAEDA PRESENCE IN IRAN.
Not later than 90 days after the date of the enactment of this Act,
and not later than 1 year thereafter, the President shall transmit to
Congress report on the presence of elements of the al Qaeda terrorist
organization on the territory of Iran and the posture of the Government
of Iran toward these elements. | Iran Freedom and Democracy Support Act - Declares it to be U.S. policy to: (1) support democracy and freedom in Iran; (2) support an internationally-monitored referendum by which the Iranian people can peacefully change the system of government in Iran; and (3) help the Iranian people achieve a free press and a free, democratic society.
Directs the Broadcasting Board of Governors to: (1) require the head of Radio Farda to develop programming in consultation with Iranian exiles who support such a referendum and with the Middle East Partnership Initiative (MEPI) and the Bureau of Educational and Cultural Affairs (ECA) at the Department of State; and (2) ensure that a significant percentage of Radio Farda programming discusses democratic change in Iran.
Requires the MEPI and ECA to provide grants for the translation and distribution of materials on democracy for the Iranian people.
Authorizes the MEPI and ECA to award grants to fund programs and activities to promote a democratic referendum in Iran.
Prohibits the importation of any textile or food article from Iran until the President certifies that Iran has shown substantial progress in respecting human rights, ceased its support for international terrorism, and terminated its nuclear weapons program.
Authorizes the reduction in amounts available for U.S. contributions to international financial institutions that provide assistance to Iran in an amount equal to such assistance, and the reallocation of such contributions to the U.S. Agency for International Development for child survival and HIV/AIDS programs, until the President provides the certification referenced above.
Requires the President to report to Congress on the presence of al Qaeda elements in Iran. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Gains and Dividend Income
Reform Act of 1998''.
SEC. 2. 70-PERCENT CAPITAL GAINS DEDUCTION FOR TAXPAYERS OTHER THAN
CORPORATIONS.
(a) In General.--Section 1202 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 1202. CAPITAL GAINS DEDUCTION.
``(a) General Rule.--If for any taxable year a taxpayer other than
a corporation has a net capital gain, 70 percent of such gain shall be
a deduction from gross income.
``(b) Estates and Trusts.--In the case of an estate or trust, the
deduction shall be computed by excluding the portion (if any) of the
gains for the taxable year from sales or exchanges of capital assets
which, under sections 652 and 662 (relating to inclusions of amounts in
gross income of beneficiaries of trusts), is includible by the income
beneficiaries as gain derived from the sale or exchange of capital
assets.
``(c) Coordination With Treatment of Capital Gain Under Limitation
on Investment Interest.--For purposes of this section, the net capital
gain for any taxable year shall be reduced (but not below zero) by the
amount which the taxpayer takes into account as investment income under
section 163(d)(4)(B)(iii).
``(d) Transitional Rule.--
``(1) In general.--In the case of a taxable year which
includes January 1 of the year following the date of enactment
of this section--
``(A) the amount taken into account as the net
capital gain under subsection (a) shall not exceed the
net capital gain determined by only taking into account
gains and losses properly taken into account for the
portion of the taxable year on or after such January 1,
and
``(B) the amount of the net capital gain taken into
account in applying section 1(h) for such year shall be
reduced by the amount taken into account under
subparagraph (A) for such year.
``(2) Special rules for pass-thru entities.--
``(A) In general.--In applying paragraph (1) with
respect to any pass-thru entity, the determination of
when gains and losses are properly taken into account
shall be made at the entity level.
``(B) Pass-thru entity defined.--For purposes of
subparagraph (A), the term `pass-thru entity' means--
``(i) a regulated investment company,
``(ii) a real estate investment trust,
``(iii) an S corporation,
``(iv) a partnership,
``(v) an estate or trust, and
``(vi) a common trust fund.''.
(b) Deduction Allowable in Computing Adjusted Gross Income.--
Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted
gross income) is amended by inserting after paragraph (17) the
following new paragraph:
``(18) Long-term capital gains.--The deduction allowed by
section 1202.''.
(c) Conforming Amendments.--
(1) Section 1 of the Internal Revenue Code of 1986 is
amended by striking subsection (h).
(2) Section 170(e)(1) of such Code is amended by striking
``the amount of gain'' in the material following subparagraph
(B)(ii) and inserting ``30 percent (100 percent in the case of
a corporation) of the amount of gain''.
(3) Section 172(d)(2)(B) of such Code is amended to read as
follows:
``(B) the deduction under section 1202 shall not be
allowed.''.
(4) The last sentence of section 453A(c)(3) of such Code is
amended by striking all that follows ``long-term capital
gain,'' and inserting ``the maximum rate on net capital gain
under section 1201 or the deduction under section 1202
(whichever is appropriate) shall be taken into account.''.
(5) Section 642(c)(4) of such Code is amended to read as
follows:
``(4) Adjustments.--To the extent that the amount otherwise
allowable as a deduction under this subsection consists of gain
from the sale or exchange of capital assets held for more than
1 year, proper adjustment shall be made for any deduction
allowable to the estate or trust under section 1202 (relating
to capital gains deduction). In the case of a trust, the
deduction allowed by this subsection shall be subject to
section 681 (relating to unrelated business income).''.
(6) The last sentence of section 643(a)(3) of such Code is
amended to read as follows: ``The deduction under section 1202
(relating to capital gains deduction) shall not be taken into
account.''.
(7) Section 643(a)(6)(C) of such Code is amended by
inserting ``(i)'' before ``there shall'' and by inserting
before the period ``, and (ii) the deduction under section 1202
(relating to capital gains deduction) shall not be taken into
account''.
(8)(A) Section 904(b)(2) of such Code is amended by
striking subparagraph (A), by redesignating subparagraph (B) as
subparagraph (A), and by inserting after subparagraph (A) (as
so redesignated) the following:
``(B) Other taxpayers.--In the case of a taxpayer
other than a corporation, taxable income from sources
outside the United States shall include gain from the
sale or exchange of capital assets only to the extent
of foreign source capital gain net income.''.
(B) Section 904(b)(2)(A) of such Code, as so redesignated,
is amended--
(i) by striking all that precedes clause (i) and
inserting the following:
``(A) Corporations.--In the case of a corporation--
'', and
(ii) in clause (i), by striking ``in lieu of
applying subparagraph (A),''.
(C) Section 904(b)(3) of such Code is amended by striking
subparagraphs (D) and (E) and inserting the following:
``(D) Rate differential portion.--The rate
differential portion of foreign source net capital
gain, net capital gain, or the excess of net capital
gain from sources within the United States over net
capital gain, as the case may be, is the same
proportion of such amount as the excess of the highest
rate of tax specified in section 11(b) over the
alternative rate of tax under section 1201(a) bears to
the highest rate of tax specified in section 11(b).''.
(D) Section 593(b)(2)(D)(v) of such Code is amended--
(i) by striking ``if there is a capital gain rate
differential (as defined in section 904(b)(3)(D)) for
the taxable year,'', and
(ii) by striking ``section 904(b)(3)(E)'' and
inserting ``section 904(b)(3)(D)''.
(9) Section 1044(d) of such Code is amended by striking the
last sentence.
(10)(A) Section 1211(b)(2) of such Code is amended to read
as follows:
``(2) the sum of--
``(A) the excess of the net short-term capital loss
over the net long-term capital gain, and
``(B) one-half of the excess of the net long-term
capital loss over the net short-term capital gain.''.
(B) So much of section 1212(b)(2) of such Code as precedes
subparagraph (B) thereof is amended to read as follows:
``(2) Special rules.--
``(A) Adjustments.--
``(i) For purposes of determining the
excess referred to in paragraph (1)(A), there
shall be treated as short-term capital gain in
the taxable year an amount equal to the lesser
of--
``(I) the amount allowed for the
taxable year under paragraph (1) or (2)
of section 1211(b), or
``(II) the adjusted taxable income
for such taxable year.
``(ii) For purposes of determining the
excess referred to in paragraph (1)(B), there
shall be treated as short-term capital gain in
the taxable year an amount equal to the sum
of--
``(I) the amount allowed for the
taxable year under paragraph (1) or (2)
of section 1211(b) or the adjusted
taxable income for such taxable year,
whichever is the least, plus
``(II) the excess of the amount
described in subclause (I) over the net
short-term capital loss
(determined) without regard to this subsection) for such year.''.
(C) Section 1212(b) of such Code is amended by adding at
the end of the following:
``(3) Transitional rule.--In the case of any amount which,
under this subsection and section 1211(b) (as in effect for
taxable year beginning before January 1, 1999), is treated as a
capital loss in the first taxable year beginning after December
31, 1998, paragraph (2) and section 1211(b) (as so in effect)
shall apply (and paragraph (2) and section 1211(b) as in effect
for taxable years beginning after December 31, 1998, shall not
apply) to the extent such amount exceeds the total of any
capital gain net income (determined without regard to this
subsection) for taxable years beginning after December 31,
1998.''.
(11) Section 1402(i)(1) of such Code is amended by
inserting``, and the deduction provided by section 1202 shall
not apply'' before the period at the end thereof.
(12) Section 1445(e) of such Code is amended--
(A) in paragraph (1), by striking ``35 percent (or,
to the extent provided in regulations, 20 percent)''
and inserting ``22 percent (or, to the extent provided
in regulation, 15.6 percent)'', and
(B) in paragraph (2), by striking ``35 percent''
and inserting ``22 percent''.
(13)(A) The second sentence of section 7518(g)(6)(A) of
such Code is amended--
(i) by striking ``during a taxable year to which
section 1(h) or 1201(a) applies'', and
(ii) by striking ``20 percent (34 percent'' and
inserting ``15.6 percent (22 percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936 is amended--
(i) by striking ``during a taxable year to which
section 1(h) or 1201(a) of such Code applies'', and
(ii) by striking ``20 percent (34 percent'' and
inserting ``15.6 percent (22 percent''.
(14) The item relating to section 1202 in the table of
sections for part I of subchapter P of chapter 1 of such Code
is amended to read as follows:
``Sec. 1202. Capital gains deduction.''.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments, made by this section apply to
taxable years ending after December 31 of the year which
includes the date of enactment of this Act.
(2) Repeal of section 1(h).--The amendment made by
subsection (c)(1) applies to taxable years beginning on or
after January 1 of the year following the date of enactment of
this Act.
(3) Contributions.--The amendment made by subsection (c)(2)
applies to contributions on or after January 1 of the year
following the date of enactment of this Act.
(4) Use of long-term losses.--The amendments made by
subsection (c)(10) apply to taxable years beginning on or after
January 1 of the second year following the date of enactment of
this Act.
(5) Withholding.--The amendments made by subsection (c)(12)
apply only to amounts paid on or after January 1 of the year
following the date of enactment of this Act.
SEC. 3. REDUCTION OF ALTERNATIVE CAPITAL GAIN TAX FOR CORPORATIONS.
(a) In General.--Section 1201(a)(2) of the Internal Revenue Code of
1986 (relating to alternative tax for corporations) is amended by
striking ``35 percent'' and inserting ``22 percent''.
(b) Transitional Rule.--Section 1201(b) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(b) Transitional Rule.--
``(1) In general.--In applying this section, net capital
gain for any taxable year shall not exceed the net capital gain
determined by taking into account only gains and losses
properly taken into account for the portion of the taxable year
on or after January 1 of the year following the date of
enactment of this subsection.
``(2) Special rule for pass-thru entities.--Section
1202(d)(2) shall apply for purposes of paragraph (1).''.
(c) Conforming Amendment.--Section 852(b)(3)(D)(iii) of the
Internal Revenue Code of 1986 is amended by striking ``65 percent'' and
inserting ``78 percent''.
(d) Effective Date.--The amendments made by this section apply to
taxable years ending after December 31 of the year which includes the
date of enactment of this Act.
SEC. 4. 70-PERCENT EXCLUSION OF DIVIDEND INCOME FROM TAX.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to amounts specifically
excluded from gross income) is amended by inserting after section 115
the following new section:
``SEC. 116. 70-PERCENT EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS.
``(a) Exclusion From Gross Income.--Gross income does not include
70 percent of the amounts received during the taxable year by an
individual as dividends from domestic corporations.
``(b) Certain Dividends Excluded.--Subsection (a) shall not apply
to any dividend from a corporation which, for the taxable year of the
corporation in which the distribution is made, or for the next
preceding taxable year of the corporation, is a corporation exempt from
tax under section 501 (relating to certain charitable, etc.,
organization) or section 521 (relating to farmers' cooperative
associations).
``(c) Special Rules.--For purposes of this section--
``(1) Exclusion not to apply to capital gain dividends from
regulated investment companies and real estate investment
trusts.--
``For treatment of capital gain
dividends, see sections 854(a) and 857(c).
``(2) Certain nonresident aliens ineligible for
exclusion.--In the case of a nonresident alien individual,
subsection (a) shall apply only--
``(A) in determining the tax imposed for the
taxable year pursuant to section 871(b)(1) and only in
respect of dividends which are effectively connected
with the conduct of a trade or business within the
United States, or
``(B) in determining the tax imposed for the
taxable year pursuant to section 877(b).
``(3) Dividends from employee stock ownership plans.--
Subsection (a) shall not apply to any dividend described in
section 404(k).''
(b) Conforming Amendments.--
(1)(A) Subparagraph (A) of section 135(c)(4) of the
Internal Revenue Code of 1986 is amended by inserting ``116,''
before ``137''.
(B) Subsection (d) of section 135 of such Code is amended
by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Coordination with section 116.--This section shall be
applied before section 116.''
(2) Subsection (c) of section 584 of such Code is amended
by adding at the end thereof the following new flush sentence:
``The proportionate share of each participant in the amount of
dividends received by the common trust fund and to which section 116
applies shall be considered for purposes of such section as having been
received by such participant.''
(3) Subsection (a) of section 643 of such Code is amended
by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Dividends.--There shall be included the amount of any
dividends excluded from gross income pursuant to section 116.''
(4) Section 854(a) of such Code is amended by inserting
``section 116 (relating to partial exclusion of dividends
received by individuals) and'' after ``For purposes of''.
(5) Section 857(c) of such Code is amended to read as
follows:
``(c) Restrictions Applicable to Dividends Received From Real
Estate Investment Trusts.--
``(1) Treatment for section 116.--For purposes of section
116 (relating to partial exclusion of dividends received by
individuals), a capital gain dividend (as defined in subsection
(b)(3)(C)) received from a real estate investment trust which
meets the requirements of this part shall not be considered as
a dividend.
``(2) Treatment for section 243.--For purposes of section
243 (relating to deductions for dividends received by
corporations), a dividend received from a real estate
investment trust which meets the requirements of this part
shall not be considered as a dividend.''
(6) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 115 the following new item:
``Sec. 116. 70-percent exclusion of
dividends received by
individuals.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31 of the year which
includes the date of enactment of this Act. | Capital Gains and Dividend Income Reform Act of 1998 - Amends the Internal Revenue Code to revise rules concerning capital gain for taxpayers other than corporations to establish a new general rule which provides that if for any taxable year a taxpayer other than a corporation has a capital gain, 70 percent of such gain shall be a deduction from gross income.
Reduces the alternative capital gain tax for corporations.
Excludes from individual gross income 70 percent of dividends received from a domestic corporation. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent Crime Control Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) there is no reliable information on the amount of
ammunition available;
(2) importers and manufacturers of ammunition are not
required to keep records to report to the Federal Government on
ammunition imported, produced, or shipped;
(3) a loophole in current law permits a Federal licensee to
order unlimited amounts of guns from a manufacturer, whether or
not the licensee is legally permitted to sell them under State
or local law;
(4) the rate of bullet-related deaths in the United States
is unacceptably high and growing;
(5) three calibers of bullets are used disproportionately
in crime: 9 millimeter, .25 caliber, and .32 caliber bullets;
(6) injury and death are greatest in young males, and
particularly young black males;
(7) epidemiology can be used to study bullet-related death
and injury to evaluate control options;
(8) bullet-related death and injury has placed increased
stress on the American family resulting in increased welfare
expenditures under title IV of the Social Security Act;
(9) bullet-related death and injury have contributed to the
increase in Medicaid expenditures under title XIX of the Social
Security Act;
(10) bullet-related death and injury have contributed to
increased supplemental security income benefits under title XVI
of the Social Security Act;
(11) a tax on the sale of bullets will help control bullet-
related death and injury;
(12) there is no central responsible agency for trauma,
there is relatively little funding available for the study of
bullet-related death and injury, and there are large gaps in
research programs to reduce injury;
(13) current laws and programs relevant to the loss of life
and productivity from bullet-related trauma are inadequate to
protect the citizens of the United States; and
(14) increased research in bullet-related violence is
needed to better understand the causes of such violence, to
develop options for controlling such violence, and to identify
and overcome barriers to implementing effective controls.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to increase the tax on the sale of 9 millimeter, .25
caliber, and .32 caliber bullets (except with respect to any
sale to law enforcement agencies) as a means of reducing the
epidemic of bullet-related death and injury;
(2) to undertake a nationally coordinated effort to survey,
collect, inventory, synthesize, and disseminate adequate data
and information for--
(A) understanding the full range of bullet-related
death and injury, including impacts on the family
structure and increased demands for benefit payments
under provisions of the Social Security Act;
(B) assessing the rate and magnitude of change in
bullet-related death and injury over time;
(C) educating the public about the extent of
bullet-related death and injury; and
(D) expanding the epidemiologic approach to
evaluate efforts to control bullet-related death and
injury and other forms of violence;
(3) to develop options for controlling bullet-related death
and injury;
(4) to build the capacity and encourage responsibility at
the individual, group, community, State and Federal levels for
control and elimination of bullet-related death and injury;
(5) to promote a better understanding of the utility of the
epidemiologic approach for evaluating options to control or
reduce death and injury from nonbullet-related violence; and
(6) to control the proliferation of illegal firearms
currently causing an alarming rate of death.
TITLE I--BULLET DEATH AND INJURY CONTROL PROGRAM
SEC. 101. BULLET DEATH AND INJURY CONTROL PROGRAM.
(a) Establishment.--There is established within the Centers for
Disease Control's National Center for Injury Prevention and Control
(referred to as the ``Center'') a Bullet Death and Injury Control
Program (referred to as the ``Program'').
(b) Purpose.--The Center shall conduct research into and provide
leadership and coordination for--
(1) the understanding and promotion of knowledge about the
epidemiologic basis for bullet-related death and injury within
the United States;
(2) developing technically sound approaches for
controlling, and eliminating, bullet-related deaths and
injuries;
(3) building the capacity for implementing the options, and
expanding the approaches to controlling death and disease from
bullet-related trauma; and
(4) educating the public about the nature and extent of
bullet-related violence.
(c) Functions.--The functions of the Program shall be--
(1) to summarize and to enhance the knowledge of the
distribution, status, and characteristics of bullet-related
death and injury;
(2) to conduct research and to prepare, with the assistance
of State public health departments--
(A) statistics on bullet-related death and injury;
(B) studies of the epidemic nature of bullet-
related death and injury; and
(C) status of the factors, including legal,
socioeconomic, and other factors, that bear on the
control of bullets and the eradication of the bullet-
related epidemic;
(3) to publish information about bullet-related death and
injury and guides for the practical use of epidemiological
information, including publications that synthesize information
relevant to national goals of understanding the bullet-related
epidemic and methods for its control;
(4) to identify socioeconomic groups, communities, and
geographic areas in need of study, develop a strategic plan for
research necessary to comprehend the extent and nature of
bullet-related death and injury, and determine what options
exist to reduce or eradicate such death and injury;
(5) to provide for the conduct of epidemiologic research on
bullet-related death and injury through grants, contracts,
cooperative agreements, and other means, by Federal, State, and
private agencies, institutions, organizations, and individuals;
(6) to make recommendations to Congress, the Bureau of
Alcohol, Tobacco, and Firearms, and other Federal, State, and
local agencies on the technical management of data collection,
storage, and retrieval necessary to collect, evaluate, analyze,
and disseminate information about the extent and nature of the
bullet-related epidemic of death and injury as well as options
for its control;
(7) to make recommendations to the Congress, the Bureau of
Alcohol, Tobacco, and Firearms, and other Federal, State and
local agencies, organizations, and individuals about options
for actions to eradicate or reduce the epidemic of bullet-
related death and injury;
(8) to provide training and technical assistance to the
Bureau of Alcohol, Tobacco, and Firearms and other Federal,
State, and local agencies regarding the collection and
interpretation of bullet-related data; and
(9) to research and explore bullet-related death and injury
and options for its control.
(d) Advisory Board.--
(1) In general.--The Center shall have an independent
advisory board to assist in setting the policies for and
directing the Program.
(2) Membership.--The advisory board shall consist of 13
members, including--
(A) 1 representative from the Centers for Disease
Control;
(B) 1 representative from the Bureau of Alcohol,
Tobacco and Firearms;
(C) 1 representative from the Department of
Justice;
(D) 1 member from the Drug Enforcement Agency;
(E) 3 epidemiologists from universities or
nonprofit organizations;
(F) 1 criminologist from a university or nonprofit
organization;
(G) 1 behavioral scientist from a university or
nonprofit organization;
(H) 1 physician from a university or nonprofit
organization;
(I) 1 statistician from a university or nonprofit
organization;
(J) 1 engineer from a university or nonprofit
organization; and
(K) 1 public communications expert from a
university or nonprofit organization.
(3) Terms.--Members of the advisory board shall serve for
terms of 5 years, and may serve more than 1 term.
(4) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
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 such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(5) Travel expenses.--A member of the advisory board that
is not otherwise in the Federal Government service shall, to
the extent provided for in advance in appropriations Acts, be
paid actual travel expenses and per diem in lieu of subsistence
expenses in accordance with section 5703 of title 5, United
States Code, when the member is away from the member's usual
place of residence.
(6) Chair.--The members of the advisory board shall select
1 member to serve as chair.
(e) Consultation.--The Center shall conduct the Program required
under this section in consultation with the Bureau of Alcohol, Tobacco,
and Firearms and the Department of Justice.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 for fiscal year 1993, $2,500,000 for fiscal
year 1994, and $5,000,000 for each of fiscal years 1995, 1996, and 1997
for the purpose of carrying out this section.
(g) Report.--The Center shall prepare an annual report to Congress
on the Program's findings, the status of coordination with other
agencies, its progress, and problems encountered with options and
recommendations for their solution. The report for December 31, 1995,
shall contain options and recommendations for the Program's mission and
funding levels for the years 1996-2000, and beyond.
TITLE II--INCREASE IN EXCISE TAX ON CERTAIN BULLETS
SEC. 201. INCREASE IN TAX ON CERTAIN BULLETS.
(a) In General.--Section 4181 of the Internal Revenue Code of 1986
(relating to the imposition of tax on firearms, etc.) is amended by
adding at the end the following new flush sentence:
``In the case of 9 millimeter, .25 caliber, or .32 caliber ammunition,
the rate of tax under this section shall be 1,000 percent.''.
(b) Exemption for Law Enforcement Purposes.--Section 4182 of the
Internal Revenue Code of 1986 (relating to exemptions) is amended by
adding at the end the following new subsection:
``(d) Law Enforcement.--The last sentence of section 4181 shall not
apply to any sale (not otherwise exempted) to, or for the use of, the
United States (or any department, agency, or instrumentality thereof)
or a State or political subdivision thereof (or any department, agency,
or instrumentality thereof).''.
(c) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 1995.
TITLE III--USE OF AMMUNITION
SEC. 301. RECORDS OF DISPOSITION OF AMMUNITION.
(a) Amendment of Title 18, United States Code.--Section 923(g) of
title 18, United States Code, is amended--
(1) in paragraph (1)(A) by inserting after the second
sentence ``Each licensed importer and manufacturer of
ammunition shall maintain such records of importation,
production, shipment, sale, or other disposition of ammunition
at the licensee's place of business for such period and in such
form as the Secretary, in consultation with the Director of the
National Center for Injury Prevention and Control of the
Centers for Disease Control (for the purpose of ensuring that
the information that is collected is useful for the Bullet
Death and Injury Control Program), may by regulation prescribe.
Such records shall include the amount, caliber, and type of
ammunition.''; and
(2) by adding at the end thereof the following new
paragraph:
``(6) Each licensed importer or manufacturer of ammunition shall
annually prepare a summary report of imports, production, shipments,
sales, and other dispositions during the preceding year. The report
shall be prepared on a form specified by the Secretary, in consultation
with the Director of the National Center for Injury Prevention and
Control of the Centers for Disease Control (for the purpose of ensuring
that the information that is collected is useful for the Bullet Death
and Injury Control Program), shall include the amounts, calibers, and
types of ammunition that were disposed of, and shall be forwarded to
the office specified thereon not later than the close of business on
the date specified by the Secretary.''.
(b) Study of Criminal Use and Regulation of Ammunition.--The
Secretary of the Treasury shall request the Centers for Disease Control
to--
(1) prepare, in consultation with the Secretary, a study of
the criminal use and regulation of ammunition; and
(2) submit to Congress, not later than July 31, 1996, a
report with recommendations on the potential for preventing
crime by regulating or restricting the availability of
ammunition.
TITLE IV--COMPLIANCE WITH STATE AND LOCAL FIREARMS LAWS
SEC. 401. COMPLIANCE WITH STATE AND LOCAL FIREARMS LICENSING LAWS
REQUIRED BEFORE ISSUANCE OF FEDERAL LICENSE TO DEAL IN
FIREARMS.
(a) In General.--Section 923(d)(1) of title 18, United States Code,
is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) in the case of an application for a license to engage
in the business of dealing in firearms--
``(i) the applicant has complied with all
requirements imposed on persons desiring to engage in
such a business by the State and political subdivision
thereof in which the applicant conducts or intends to
conduct such business; and
``(ii) the application includes a written statement
which--
``(I) is signed by the chief of police of
the locality, or the sheriff of the county, in
which the applicant conducts or intends to
conduct such business, the head of the State
police of such State, or any official
designated by the Secretary; and
``(II) certifies that the information
available to the signer of the statement does
not indicate that the applicant is ineligible
to obtain such a license under the law of such
State and locality.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to applications for a license that is issued on or after the date
of the enactment of this Act. | TABLE OF CONTENTS:
Title I: Bullet Death and Injury Control Program
Title II: Increase in Excise Tax on Certain Bullets
Title III: Use of Ammunition
Title IV: Compliance with State and Local Firearms Laws
Violent Crime Control Act of 1993 -
Title I: Bullet Death and Injury Control Program
- Establishes within the Centers for Disease Control's National Center for Injury Prevention and Control a Bullet Death and Injury Control Program. Directs the Center to conduct research into, and provide leadership and coordination for: (1) the understanding and promotion of knowledge about the epidemiologic basis for bullet-related death and injury within the United States; (2) developing technically sound approaches for controlling and eliminating bullet-related deaths and injuries; (3) building the capacity for implementing the options and for expanding the approaches to controlling death and disease from bullet-related trauma; and (4) educating the public about the nature and extent of bullet-related violence. Sets forth provisions regarding: (1) the functions of the Center; and (2) establishment of an independent advisory board to assist in setting the policies for and directing the Program.
Authorizes appropriations.
Title II: Increase in Excise Tax on Certain Bullets
- Amends the Internal Revenue Code to set the excise tax rate on .25 and .32 caliber and nine millimeter ammunition at 1,000 percent, with an exemption for law enforcement agencies.
Title III: Use of Ammunition
- Amends the Federal criminal code to require each licensed importer and manufacturer of ammunition to maintain records of and report annually on disposition of ammunition.
Directs the Secretary of the Treasury to prepare a study of the criminal use of, and regulation of, ammunition and to report to the Congress with recommendations on the potential for preventing crime by regulating or restricting the availability of ammunition.
Title IV: Compliance with State and Local Firearms Laws
- Amends the Federal criminal code to require compliance with State and local firearms licensing laws before issuance of a Federal license to deal in firearms. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Improving Cancer
Treatment Education Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE
MEDICARE PROGRAM
Sec. 101. Medicare coverage of comprehensive cancer patient treatment
education services.
TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT
Sec. 201. Sense of Congress.
Sec. 202. NIH Research on cancer symptom management improvement.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Many people with cancer experience side effects,
symptoms, and late complications associated with their disease
and their treatment, which can have a serious adverse impact on
their health, well-being, and quality of life.
(2) Many side effects and symptoms associated with cancer
and its treatment can be reduced or controlled by the provision
of timely symptom management and services and also by educating
people with cancer and their caregivers about the potential
effects before treatment begins.
(3) Studies have found that individualized educational
intervention for cancer pain management from a registered nurse
was effective for patients with cancer being treated in
outpatient and home-based settings. Similarly, the number of
caregivers who said they were well informed and confident about
caregiving after attending a family caregiver cancer education
program increased after program attendance.
(4) People with cancer benefit from having an educational
session with oncology nurses in advance of the initiation of
treatment to learn how to reduce the risk of and manage adverse
effects and maximize well-being. Helping patients to manage
their side effects reduces adverse events and the need for
urgent or inpatient care.
(5) The Oncology Nursing Society has received reports from
its members that, because the Medicare program and other payers
do not cover the provision of patient treatment education,
patients and their caregivers often do not receive adequate
education before the onset of such patients' treatment for
cancer regarding the course of such treatment and the possible
side effects and symptoms such patients may experience. The
Oncology Nursing Society recommends that all patients being
treated for cancer have a one-on-one educational session with a
nurse in advance of the onset of such treatment so that such
patients and their caregivers receive the information they need
to help minimize adverse events related to such treatment and
maximize the well-being of such patients.
(6) Insufficient or non-existent Medicare payments coupled
with poor investment in symptom management research contribute
to the inadequate education of patients, poor management and
monitoring of cancer symptoms, and inadequate handling of late
effects of cancer and its treatment.
(7) People with cancer often do not have the symptoms
associated with their disease and the associated treatment
managed in a comprehensive or appropriate manner.
(8) People with cancer deserve to have access to
comprehensive care that includes appropriate treatment and
symptom management.
(9) Patients who receive infused chemotherapy likely obtain
some treatment education during the course of the
administration of their treatment; yet, many do not, and
individuals who may receive a different type of cancer care,
such as radiation or surgical interventions or oral
chemotherapy taken at home, likely do not receive treatment
education during their treatment.
(10) Comprehensive cancer care must include access to
services and management associated with nausea, vomiting,
fatigue, depression, pain, and other symptoms.
(11) The Institute of Medicine report, ``Ensuring Quality
Cancer Care'' asserts that ``much can be done to relieve the
symptoms, ease distress, provide comfort, and in other ways
improve the quality of life of someone with cancer. For a
person with cancer, maintenance of quality of life requires, at
a minimum, relief from pain and other distressing symptoms,
relief from anxiety and depressions, including the fear of
pain, and a sense of security that assistance will be readily
available if needed.''.
(12) The Institute of Medicine report, ``Cancer Care for
the Whole Patient: Meeting Psychosocial Health Needs''
recognizes that cancer patients' psychosocial needs include
information about their therapies and the potential side
effects.
(13) As more than half of all cancer diagnoses occur among
individuals age 65 and older, the challenges of managing cancer
symptoms are growing for patients enrolled in the Medicare
program.
(14) Provision of Medicare payment for comprehensive cancer
patient treatment education, coupled with expanded cancer
symptom management research, will help improve care and quality
of life for people with cancer from the time of diagnosis
through survivorship or end of life.
TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE
MEDICARE PROGRAM
SEC. 101. MEDICARE COVERAGE OF COMPREHENSIVE CANCER PATIENT TREATMENT
EDUCATION SERVICES.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(EE);
(B) by adding ``and'' at the end of subparagraph
(FF); and
(C) by adding at the end the following new
subparagraph:
``(GG) comprehensive cancer patient treatment education
services (as defined in subsection (iii)(1));''; and
(2) by adding at the end the following new subsection:
``Comprehensive Cancer Patient Treatment Education Services
``(iii)(1) The term `comprehensive cancer patient treatment
education services' means--
``(A) in the case of an individual who is diagnosed with
cancer, the provision of a one-hour patient treatment education
session delivered by a registered nurse that--
``(i) is furnished to the individual and the
caregiver (or caregivers) of the individual in advance
of the onset of treatment and to the extent
practicable, is not furnished on the day of diagnosis
or on the first day of treatment;
``(ii) educates the individual and such caregiver
(or caregivers) to the greatest extent practicable,
about all aspects of the care to be furnished to the
individual, informs the individual regarding any
potential symptoms, side-effects, or adverse events,
and explains ways in which side effects and adverse
events can be minimized and health and well-being
maximized, and provides guidance regarding those side
effects to be reported and to which health care
provider the side effects should be reported;
``(iii) includes the provision, in written form, of
information about the course of treatment, any
responsibilities of the individual with respect to
self-dosing, and ways in which to address symptoms and
side-effects; and
``(iv) is furnished, to the greatest extent
practicable, in an oral, written, or electronic form
that appropriately takes into account cultural and
linguistic needs of the individual in order to make the
information comprehensible to the individual and such
caregiver (or caregivers); and
``(B) with respect to an individual for whom a course of
cancer treatment or therapy is materially modified, a one-hour
patient treatment education session described in subparagraph
(A), including updated information on the matters described in
such subparagraph should the individual's oncologic health care
professional deem it appropriate and necessary.
``(2) In establishing standards to carry out paragraph (1), the
Secretary shall consult with appropriate organizations representing
providers of oncology patient treatment education services and
organizations representing people with cancer.''.
(b) Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(Z)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (AA) with respect to comprehensive cancer
patient treatment education services (as defined in section
1861(iii)(1)), 150 percent of the payment rate established
under section 1848 for diabetes outpatient self-management
training services (as defined in section 1861(qq)), determined
and applied without regard to any coinsurance''.
(c) Coverage.--Section 1862(a)(1) of such Act (42 U.S.C.
1395y(a)(1)) is amended--
(1) in subparagraph (O), by striking ``and'' at the end;
(2) in subparagraph (P), by striking the semicolon at the
end and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(Q) in the case of comprehensive cancer patient treatment
education services (as defined in subsection (iii)(1)) which
are performed more frequently than is covered under such
section;''.
(d) No Impact on Payment for Other Services.--Nothing in this
section shall be construed to affect or otherwise authorize any
reduction or modification, in the Medicare payment amounts otherwise
established for chemotherapy infusion or injection codes with respect
to the calculation and payment of minutes for chemotherapy teaching or
related services.
(e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the first day of the first
calendar year that begins after the date of the enactment of this Act.
TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT
SEC. 201. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) many people with cancer experience side effects,
symptoms, and late side effects associated with their disease
and their treatment, and such effects can have a serious
adverse impact on the effectiveness of their treatment, their
health, well-being, and quality of life;
(2) with the number of cancer survivors continuing to grow,
addressing the effects of their symptoms and side effects is
becoming increasingly critical in reducing the burden of cancer
and its treatments;
(3) although research is producing new insights into the
causes of and cures for cancer, efforts to manage the symptoms
and side effects of the disease and its treatments have not
kept pace; and
(4) the National Institutes of Health should continue to
support research in the area of symptom management and the role
that nurses play in providing those interventions.
SEC. 202. NIH RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT.
(a) In General.--The Director of the National Institutes of Health
shall expand, intensify, and coordinate programs for the conduct and
support of research with respect to--
(1) improving the treatment and management of symptoms and
side effects associated with cancer and cancer treatment; and
(2) evaluating the role of nursing interventions in the
amelioration of such symptoms and side effects.
(b) Administration.--The Director of the National Institutes of
Health is encouraged to carry out this section through the Director of
the National Cancer Institute, in collaboration with at least the
directors of the National Institute of Nursing Research, the National
Institute of Neurological Disorders and Stroke, the National Institute
of Mental Health, the National Center on Minority Health and Health
Disparities, the National Center for Complementary and Alternative
Medicine, and the Agency for Healthcare Research and Quality. | Improving Cancer Treatment Education Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to extend Medicare coverage to comprehensive cancer patient treatment education services, including a one-hour patient treatment education session delivered, in advance of treatment, by a registered nurse to an individual diagnosed with cancer (or whose course of treatment has been materially modified). Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate research programs to: (1) improve the treatment and management of symptoms and side effects associated with cancer and cancer treatment, and (2) evaluate the role of nursing interventions in the amelioration of such symptoms and side effects. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Security Enhancement
Investment Act of 2001''.
SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF QUALIFYING
SECURITY ENHANCEMENT PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179A the following new section:
``SEC. 179B. SECURITY ENHANCEMENT PROPERTY.
``(a) Allowance of Deduction.--A taxpayer may elect to treat the
cost of any qualifying security enhancement property as an expense
which is not chargeable to capital account. Any cost so treated shall
be allowed as a deduction for the taxable year in which such device is
placed in service.
``(b) Definitions.--For purposes of this section--
``(1) Qualifying security enhancement property.--The term
`qualifying security enhancement property' means security
enhancement property--
``(A) to which section 168 applies,
``(B) which is acquired by purchase (as defined in
section 179(d)(2)), and
``(C) which is installed or placed in service in or
outside of a building which is owned or occupied by the
taxpayer and which is located in the United States.
``(2) Security enhancement property.--
``(A) In general.--The term `security enhancement
property' means property which is specifically and
primarily designed when installed in or outside of a
building--
``(i) to detect or prevent the unlawful
access by individuals into the building or onto
its grounds,
``(ii) to detect or prevent the unlawful
bringing into the building or onto its grounds
of weapons, explosives, hazardous materials, or
other property capable of harming the occupants
of the building or damaging the building, or
``(iii) to protect occupants of the
building or the building from the effects of
property described in clause (ii).
``(B) Certain property included.--The term
`security enhancement property' includes--
``(i) any security device, or
``(ii) any barrier to access to the
building grounds.
``(3) Security device.--The term `security device' means
any of the following:
``(A) An electronic access control device or
system.
``(B) Biometric identification or verification
device or system.
``(C) Closed-circuit television or other
surveillance and security cameras and equipment.
``(D) Locks for doors and windows, including
tumbler, key, and numerical or other coded devices.
``(E) Computers and software used to combat
cyberterrorism.
``(F) Electronic alarm systems to provide detection
notification and off-premises transmission of an
unauthorized entry, attack, or fire.
``(G) Components, wiring, system displays,
terminals, auxiliary power supplies, and other
equipment necessary or incidental to the operation of
any item described in subparagraph (A), (B), (C), (D),
(E), or (F).
``(4) Building.--The term `building' includes any structure
or part of a structure used for commercial, retail, or business
purposes.
``(c) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, if a
deduction is allowed under this section with respect to the
purchase of a qualifying security device, the basis of such
device shall be reduced by the amount of the deduction so
allowed.
``(2) Only incremental cost included.--If qualifying
security enhancement property has a use or function other than
that described in subsection (b)(2), only the incremental cost
of the use or function so described shall be taken into
account.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3) and (4) of section 179(b), section 179(c),
and paragraphs (3), (4), (8), and (10) of section 179(d), shall
apply for purposes of this section.''
(b) Conforming and Clerical Amendments.--
(1) Section 263(a)(1) of the Internal Revenue Code of 1986
is amended by striking ``or'' at the end of subparagraph (G),
by striking the period at the end of subparagraph (H) and
inserting ``, or'', and by inserting after subparagraph (H) the
following new subparagraph:
``(I) expenditures for which a deduction is allowed
under section 179B.''
(2) Section 312(k)(3)(B) of such Code is amended--
(A) by striking ``or 179A'' and inserting ``, 179A,
or 179B'', and
(B) by striking ``or 179a'' in the heading and
inserting ``, 179a, or 179b''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting ``, and'', and by
inserting after paragraph (28) the following new paragraph:
``(29) to the extent provided in section 179B(c)(1),''.
(4) Section 1245(a) of such Code is amended by inserting
``179B,'' after ``179A,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(5) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179A the following new item:
``Sec. 179B. Security enhancement
property.''
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after September 10, 2001, in
taxable years ending after September 10, 2001. | American Security Enhancement Investment Act of 2001 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security enhancement property. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Extension Act
of 2005, Part VI''.
SEC. 2. ADMINISTRATIVE EXPENSES FOR FEDERAL-AID HIGHWAY PROGRAM.
(a) Authorization of Contract Authority.--Section 4(a) of the
Surface Transportation Extension Act of 2004, Part V (118 Stat. 1147,
119 Stat. 325) is amended by striking ``$292,179,920'' and inserting
``$309,260,880''.
(b) Limitation on Obligations.--Of the obligation limitation made
available for Federal-aid highways and highway safety construction
programs for fiscal year 2005 by division H of Public Law 108-447 (118
Stat. 3204) not more than $17,080,960 shall be available, in addition
to any obligation limitation previously provided, for administrative
expenses of the Federal Highway Administration for the period of July
30, 2005, through August 14, 2005.
(b) Conforming Amendment.--Section 2(e)(3) of such Act (118 Stat.
1146, 119 Stat. 325) is amended by striking ``July 30'' and inserting
``August 14''.
SEC. 3. ADMINISTRATIVE EXPENSES FOR NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION.
(a) In General.--There shall be available from the Highway Trust
Fund (other than the Mass Transit Account) for the Secretary of
Transportation to pay the administrative expenses of the National
Highway Traffic Administration in carrying out the highway safety
programs authorized by sections 157 and 163 of chapter 1 of title 23,
United States Code, and sections 402, 403, 405, and 410 of chapter 4 of
such title, the National Driver Register under chapter 303 of title 49,
United States Code, the motor vehicle safety program under chapter 301
of such title 49, and the motor vehicle information and cost savings
program under part C of subtitle VI of such title 49 $4,125,000 for the
period of July 30, 2005, through August 14, 2005.
(b) Contract Authority.--Funds made available by this section shall
be available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code; except
that such funds shall remain available until expended.
SEC. 4. ADMINISTRATIVE EXPENSES FOR MOTOR CARRIER SAFETY ADMINISTRATION
PROGRAM.
Section 7(a)(1) of the Surface Transportation Extension Act of
2004, Part V (118 Stat. 1153; 119 Stat. 330) is amended--
(1) by striking ``$213,799,290'' and inserting
``$224,383,414''; and
(2) by striking ``July 30'' and inserting ``August 14''.
SEC. 5. ADMINISTRATIVE EXPENSES FOR FEDERAL TRANSIT PROGRAMS.
(a) Authorization of Appropriations.--Section 5338(f)(2) of title
49, United States Code, is amended--
(1) in the heading by striking ``july 30'' and inserting
``august 14'';
(2) in subparagraph (A)(vii)--
(A) by striking ``$54,350,686'' and inserting
``$57,650,686''; and
(B) by striking ``July 30'' and inserting ``August 14'';
and
(3) in subparagraph (B)(vii) by striking ``July 30'' and
inserting ``August 14''.
(b) Obligation Ceiling.--Section 3040(7) of the Transportation
Equity Act for the 21st Century (112 Stat. 394; 118 Stat. 885; 118
Stat. 1158; 119 Stat. 333) is amended--
(1) by striking ``$6,398,695,996'' and inserting
``$6,401,995,996''; and
(2) by striking ``July 30'' and inserting ``August 14''.
SEC. 6. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Section 5001(a)(4) of the Transportation Equity
Act for the 21st Century (112 Stat. 420; 118 Stat. 1150; 119 Stat. 327;
119 Stat. 346; 119 Stat. 379; 119 Stat. 394) is amended by striking
``$25,730,000 for the period of October 1, 2004, through July 30,
2005'' and inserting ``$27,000,000 for the period of October 1, 2004,
through August 14, 2005''.
(b) Limitation on Obligations.--Of the obligation limitation made
available for Federal-aid highways and highway safety construction
programs for fiscal year 2005 by division H of Public Law 108-447 (118
Stat. 3204) not more than $1,270,000 shall be available, in addition to
any obligation limitation previously provided, for administrative
expenses of the Bureau of Transportation Statistics for the period of
July 30, 2005, through August 14, 2005.
SEC. 7. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
OBLIGATIONS UNDER TEA-21.
(a) Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended--
(A) in the matter before subparagraph (A), by striking
``July 31, 2005'' and inserting ``August 15, 2005'',
(B) by striking ``or'' at the end of subparagraph (O),
(C) by striking the period at the end of subparagraph (P)
and inserting ``, or'',
(D) by inserting after subparagraph (P) the following new
subparagraph:
``(Q) authorized to be paid out of the Highway Trust Fund
under the Surface Transportation Extension Act of 2005, Part
VI.'', and
(E) in the matter after subparagraph (Q), as added by this
paragraph, by striking ``Surface Transportation Extension Act
of 2005, Part V'' and inserting ``Surface Transportation
Extension Act of 2005, Part VI''.
(2) Mass transit account.--Paragraph (3) of section 9503(e) of
such Code is amended--
(A) in the matter before subparagraph (A), by striking
``July 31, 2005'' and inserting ``August 15, 2005'',
(B) in subparagraph (M), by striking ``or'' at the end of
such subparagraph,
(C) in subparagraph (N), by inserting ``or'' at the end of
such subparagraph,
(D) by inserting after subparagraph (N) the following new
subparagraph:
``(O) the Surface Transportation Extension Act of 2005,
Part VI,'', and
(E) in the matter after subparagraph (O), as added by this
paragraph, by striking ``Surface Transportation Extension Act
of 2005, Part V'' and inserting ``Surface Transportation
Extension Act of 2005, Part VI''.
(3) Exception to limitation on transfers.--Subparagraph (B) of
section 9503(b)(6) of such Code is amended by adding at the end the
following: ``The preceding sentence shall be applied by
substituting `August 15, 2005' for the date therein.''.
(b) Aquatic Resources Trust Fund.--
(1) Sport fish restoration account.--Paragraph (2) of section
9504(b) of the Internal Revenue Code of 1986 is amended by adding
at the end the following: ``Subparagraphs (A), (B), and (C) shall
each be applied by substituting `Surface Transportation Extension
Act of 2005, Part VI' for `Surface Transportation Extension Act of
2005, Part V'.''.
(2) Boat safety account.--Subsection (c) of section 9504 of
such Code is amended--
(A) by striking ``July 31, 2005'' and inserting ``August
15, 2005'', and
(B) by striking ``Surface Transportation Extension Act of
2005, Part V'' and inserting ``Surface Transportation Extension
Act of 2005, Part VI''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by adding at the end the
following new sentence: ``The preceding sentence shall be applied
by substituting `August 15, 2005' for the date therein.''.
(c) Temporary Rule Regarding Adjustments.--During the period
beginning on the date of the enactment of the Surface Transportation
Extension Act of 2003 and ending on August 14, 2005, for purposes of
making any estimate under section 9503(d) of the Internal Revenue Code
of 1986 of receipts of the Highway Trust Fund, the Secretary of the
Treasury shall treat--
(1) each expiring provision of paragraphs (1) through (4) of
section 9503(b) of such Code which is related to appropriations or
transfers to such Fund to have been extended through the end of the
24-month period referred to in section 9503(d)(1)(B) of such Code,
and
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of such
tax during the 24-month period referred to in section 9503(d)(1)(B)
of such Code to be the same as the rate of such tax as in effect on
the date of the enactment of the Surface Transportation Extension
Act of 2003.
(d) Subsequent Repeal of Certain Temporary Provisions.--Each of the
following provisions of the Internal Revenue Code of 1986 are amended
by striking the last sentence thereof:
(1) Section 9503(b)(6)(B).
(2) Section 9504(b)(2).
(3) Section 9504(d)(2).
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
the enactment of this Act.
(2) Subsequent repeal.--The amendments made by subsection (d)
shall take effect on the date of the enactment of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and shall be executed immediately before the
amendments made by such Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Surface Transportation Extension Act of 2005, Part VI - Extends, through August 14, 2005, the authorization of appropriations from the Highway Trust Fund (HTF) for: (1) administrative expenses for federal highway, highway safety, motor carrier safety, and transit programs; and (2) the Bureau of Transportation Statistics. Prohibits, after August 14, 2005, the obligation of funds for any federal-aid highway program project until enactment of a multiyear law reauthorizing the federal-aid highway program.
Amends the Internal Revenue Code to authorize until August 15, 2005, expenditures for obligations under the Transportation Equity Act for the 21st Century (TEA-21) from: (1) the HTF; (2) the Mass Transit Account; and (3) the Aquatic Resources Trust Fund. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Witness Protection and Interstate
Relocation Act of 1997''.
TITLE I--GANG-RELATED WITNESS INTIMIDATION AND RETALIATION
SEC. 101. INTERSTATE TRAVEL TO ENGAGE IN WITNESS INTIMIDATION OR
OBSTRUCTION OF JUSTICE.
Section 1952 of title 18, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Whoever travels in interstate or foreign commerce with intent
by bribery, force, intimidation, or threat, directed against any
person, to delay or influence the testimony of or prevent from
testifying a witness in a State criminal proceeding or by any such
means to cause any person to destroy, alter, or conceal a record,
document, or other object, with intent to impair the object's integrity
or availability for use in such a proceeding, and thereafter engages or
endeavors to engage in such conduct, shall be fined under this title or
imprisoned not more than 10 years, or both; and if serious bodily
injury (as defined in section 1365 of this title) results, shall be so
fined or imprisoned for not more than 20 years, or both; and if death
results, shall be so fined and imprisoned for any term of years or for
life, or both, and may be sentenced to death.''.
SEC. 102. CONSPIRACY PENALTY FOR OBSTRUCTION OF JUSTICE OFFENSES
INVOLVING VICTIMS, WITNESSES, AND INFORMANTS.
Section 1512 of title 18, United States Code, is amended by adding
at the end the following:
``(j) Whoever conspires to commit any offense defined in this
section or section 1513 of this title shall be subject to the same
penalties as those prescribed for the offense the commission of which
was the object of the conspiracy.''.
TITLE II--WITNESS RELOCATION AND SAFETY
SEC. 201. WITNESS RELOCATION SURVEY AND TRAINING PROGRAM.
(a) Survey.--The Attorney General shall survey all State and
selected local witness protection and relocation programs to determine
the extent and nature of such programs and the training needs of those
programs. Not later than 270 days after the date of the enactment of
this section, the Attorney General shall report the results of this
survey to Congress.
(b) Training.--Based on the results of such survey, the Attorney
General shall make available to State and local law enforcement
agencies training to assist those law enforcement agencies in
developing and managing witness protection and relocation programs.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsections (a) and (b) for fiscal year 1998
not to exceed $500,000.
SEC. 202. FEDERAL-STATE COORDINATION AND COOPERATION REGARDING
NOTIFICATION OF INTERSTATE WITNESS RELOCATION.
(a) Attorney General To Promote Interstate Coordination.--The
Attorney General shall engage in activities, including the
establishment of a model Memorandum of Understanding under subsection
(b), which promote coordination among State and local witness
interstate relocation programs.
(b) Model Memorandum of Understanding.--The Attorney General shall
establish a model Memorandum of Understanding for States and localities
that engage in interstate witness relocation. Such a model Memorandum
of Understanding shall include a requirement that notice be provided to
the jurisdiction to which the relocation has been made by the State or
local law enforcement agency that relocates a witness to another State
who has been arrested for or convicted of a crime of violence as
described in section 16 of title 18, United States Code.
(c) Byrne Grant Assistance.--The Attorney General is authorized to
expend up to 10 percent of the total amount appropriated under section
511 of subpart 2 of part E of the Omnibus Crime Control and Safe
Streets Act of 1968 for purposes of making grants pursuant to section
510 of that Act to those jurisdictions that have interstate witness
relocation programs and that have substantially followed the model
Memorandum of Understanding.
(d) Guidelines and Determination of Eligibility.--The Attorney
General shall establish guidelines relating to the implementation of
subsection (c) and shall determine, consistent with such guidelines,
which jurisdictions are eligible for grants under subsection (c).
SEC. 203. BYRNE GRANTS.
Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 is amended--
(1) by striking ``and'' at the end of paragraph (25);
(2) by striking the period at the end paragraph (26) and
inserting ``; and''; and
(3) by adding at the end the following:
``(27) developing and maintaining witness security and
relocation programs, including providing training of personnel
in the effective management of such programs.''.
SEC. 204. DEFINITION.
As used in this title, the term ``State'' includes the District of
Columbia, Puerto Rico, and any other commonwealth, territory, or
possession of the United States.
Passed the House of Representatives February 25, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | TABLE OF CONTENTS: Title I: Gang-Related Witness Intimidation and Retaliation Title II: Witness Relocation and Safety Witness Protection and Interstate Relocation Act of 1997 - Title I: Gang-Related Witness Intimidation and Retaliation - Amends the Federal criminal code to set penalties for traveling in interstate or foreign commerce with intent to engage in witness intimidation or obstruction of justice. (Sec. 102) Subjects persons who conspire to obstruct justice involving victims, witnesses, and informants to the same penalties as those prescribed for carrying out such offense. Title II: Witness Relocation and Safety - Directs the Attorney General to: (1) survey all State and selected local witness protection and relocation programs to determine and report to the Congress on the extent, nature, and training needs of such programs; and (2) make available training to assist State and local law enforcement agencies in developing and managing witness protection and relocation programs. Authorizes appropriations. (Sec. 202) Requires the Attorney General to: (1) engage in activities which promote coordination among State and local witness interstate relocation programs; and (2) establish a model Memorandum of Understanding for States and localities that engage in interstate witness relocation. Authorizes the Attorney General to expend up to ten percent of the total amount appropriated for drug control and system improvement (Byrne program) grants under the Omnibus Crime Control and Safe Streets Act of 1968 to jurisdictions that have interstate witness relocation programs and that have substantially followed the model Memorandum of Understanding. (Sec. 203) Authorizes the use of Byrne grant funds for developing and maintaining witness security and relocation programs. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Las Cienegas Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
Sahuarita parcel of land consisting of approximately 1,280
acres, as depicted on the map entitled ``Las Cienegas
Enhancement Act--Federal Land'' and dated May 9, 2006.
(2) Landowner.--The term ``landowner'' means Las Cienegas
Conservation, LLC.
(3) Non-federal land.--The term ``non-Federal land'' means
the Empirita-Simonson parcel of land consisting of
approximately 2,392 acres, as depicted on the map entitled
``Las Cienegas Enhancement Act--Non-Federal Land'' and dated
May 9, 2006.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. LAND EXCHANGE, BUREAU OF LAND MANAGEMENT LAND IN PIMA COUNTY,
ARIZONA.
(a) Exchange Authorized.--If the landowner offers to convey to the
Secretary title to the non-Federal land, the Secretary shall accept the
offer and convey to the landowner all, right, title, and interest of
the United States in and to the Federal land.
(b) Valuation, Appraisals, and Equalization.--
(1) Equal value exchange.--The value of the Federal land
and the non-Federal land to be exchanged under this section
shall be equal. If the values are not equal, the values shall
be equalized in accordance with paragraph (3).
(2) Appraisal.--To determine the value of the Federal land
and the non-Federal land, the Federal land and the non-Federal
land shall be subject to an appraisal by an independent,
qualified appraiser agreed to by the Secretary and landowner.
The appraiser shall consider the value of the Federal land and
the non-Federal land as of the date of the enactment of this
Act. The appraisal shall be conducted in accordance with the
Uniform Appraisal Standards for Federal Land Acquisition and
the Uniform Standards of Professional Appraisal Practice. Not
later than 180 days after the date of enactment of this Act,
the appraisal shall be submitted to the Secretary and landowner
for approval.
(3) Equalization of values.--If the values of the Federal
land and non-Federal land are not equal, their values may be
equalized--
(A) by reducing the acreage of the non-Federal land
or the Federal land to be exchanged, as appropriate; or
(B) by the payment by the landowner or the
Secretary of a cash equalization payment, which, in the
case of a cash equalization payment made by the
landowner, may exceed 25 percent of the value of the
Federal land, notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)).
(4) Disposition and use of proceeds.--Any cash equalization
payment received by the Secretary under paragraph (3) shall be
deposited in the Federal Land Disposal Account established by
section 206(a) of the Federal Land Transaction Facilitation Act
(43 U.S.C. 2305(a)). Amounts so deposited shall be available to
the Secretary, without further appropriation and until
expended, for the acquisition of land and interests in land in
southern Arizona.
(c) Protection of Valid Existing Rights.--The exchange of the
Federal land and the non-Federal land shall be subject to any
easements, rights-of-way, and other valid encumbrances on the land in
existence on the date of enactment of this Act.
(d) Time for Completion of Exchange.--The exchange of the Federal
land and non-Federal land under this section shall be completed--
(1) except as provided in paragraph (2), not later than one
year after the date of the enactment of this Act; or
(2) if there is a dispute concerning an appraisal of the
Federal land or non-Federal land or appraisal issue arising
under subsection (b), before the expiration of the 90-day
period beginning on the date the dispute is resolved.
(e) Administrative Costs.--As a condition of the conveyance of the
Federal land to the landowner, the landowner shall pay the costs of
carrying out the exchange of the Federal land and non-Federal land
under this section, including any direct costs relating to any
environmental reviews and mitigation of the Federal land.
(f) Correction of Errors; Minor Boundary Adjustments.--The
Secretary and landowner may mutually agree--
(1) to correct minor errors in the legal descriptions of
the Federal land and non-Federal land to be exchanged under
this section; or
(2) to make minor adjustments to the boundaries of the
Federal land and non-Federal land.
(g) Road Access.--Not later than 18 months after the date on which
the non-Federal land is acquired by the Secretary, the Secretary shall
provide to the Secretary of Agriculture a right-of-way through the non-
Federal land for motorized public road access to the boundary of the
Coronado National Forest. The right-of-way shall be provided in
accordance with section 507 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1767).
(h) Administration of Land Acquired by the United States.--On
acquisition of the non-Federal land by the Secretary, the Secretary
shall--
(1) include the acquired land as part of the Las Cienegas
National Conservation Area; and
(2) administer the acquired land in accordance with Public
Law 106-538 (16 U.S.C. 460ooo et seq.), which established the
Las Cienegas National Conservation Area, and other applicable
laws.
SEC. 4. MODIFICATION OF LAS CIENEGAS NATIONAL CONSERVATION AREA
BOUNDARY.
The boundary of the Las Cienegas National Conservation Area is
modified to exclude the 40-acre tract that, as of the date of the
enactment of this Act, is leased by the Bureau of Land Management to
the town of Elgin, Arizona, for a sanitary landfill.
SEC. 5. LAND CONVEYANCE, PIMA COUNTY, ARIZONA.
As an additional condition of the conveyance of the Federal land to
the landowner under section 3, the landowner shall convey, without
consideration, to Pima County, Arizona, a parcel of land consisting of
approximately 98 acres, as depicted on the map referred to in section
2(1) as ``land to be conveyed to Pima County''.
Passed the House of Representatives September 27, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Las Cienegas Enhancement Act - Requires the Secretary of the Interior (the Secretary), if Las Cienegas Conservation, LLC, offers to convey to the Secretary title to the Empirita-Simonson parcel of land (the non-federal land) to accept the offer and convey to Las Cienegas Conservation, LLC, the Sahuarita parcel of land (the federal land).
Requires the values of the federal and non-federal land exchanged to be equal.
Sets forth requirements for: (1) an independent appraisal of the federal and non-federal land; and (2) the equalization of the values of such land if they are not equal, including by the payment by Las Cienegas Conservation, LLC, or the Secretary of a cash equalization payment..
Requires: (1) the deposit of any cash equalization payment received by the Secretary in the Federal Land Disposal Account; and (2) amounts so deposited to be available to the Secretary for the acquisition of lands and interests in land in southern Arizona.
Subjects the exchange of the federal and non-federal land to any easements, rights-of-way, and other valid encumbrances on such land in existence on the enactment of this Act.
Requires Las Cienegas Conservation, LLC, to: (1) pay the costs of carrying out the exchange of such land, including any direct costs related to any environmental reviews and mitigation of the federal land; and (2) convey to Pima County, Arizona, a certain parcel of land.
Instructs the Secretary to provide to the Secretary of Agriculture a right of way through the non-federal land for motorized public road access to the boundary of the Coronado National Forest.
Requires the Secretary, upon acquisition of the non-federal land, to include the acquired land as part of the Las Cienegas National Conservation Area.
Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract that, as of the enactment of this Act, is leased by the Bureau of Land Management (BLM) to the town of Elgin, Arizona, for a sanitary landfill. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Jobs Tax Credit Act
of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In many parts of the United States, segments of large
cities, smaller cities, and rural areas are experiencing
population loss and low job growth that hurt the surrounding
communities.
(2) In areas hurt by low job growth, people are forced to
leave the communities they have lived in their whole life to
secure a job.
(3) A small business tax credit to promote jobs in areas
suffering from low job growth and population loss would spur
economic growth and would provide incentives for businesses to
take advantage of an often underutilized, well-educated
workforce.
(4) By promoting economic growth, such a tax credit would
revitalize these areas that are less likely to receive other
Federal investments.
SEC. 3. EXPANSION OF WORK OPPORTUNITY TAX CREDIT.
(a) In General.--Section 51(d)(1) of the Internal Revenue Code of
1986 (relating to members of targeted groups) is amended by striking
``or'' at the end of subparagraph (G), by striking the period at the
end of subparagraph (H) and inserting ``, or'', and by adding at the
end the following:
``(I) a qualified small business employee.''.
(b) Qualified Small Business Employee.--Section 51(d) of the
Internal Revenue Code of 1986 is amended by redesignating paragraphs
(10) through (12) as paragraphs (11) through (13), respectively, and by
inserting after paragraph (9) the following:
``(10) Qualified small business employee.--
``(A) In general.--The term `qualified small
business employee' means any individual--
``(i) hired by a qualified small business
located in a development zone, or
``(ii) hired by a qualified small business
and who is certified by the designated local
agency as residing in such a development zone.
``(B) Qualified small business.--The term
`qualified small business' has the meaning given the
term `small employer' by section 4980D(d)(2).
``(C) Development zone.--For purposes of this
section--
``(i) In general.--The term `development
zone' means any area--
``(I) which is nominated under the
procedures defined in sections
1400E(a)(1)(A) and 1400E(a)(4) for
renewal communities;
``(II) which the Secretary of
Housing and Urban Development
designates as a development zone, after
consultation with the Secretary of
Commerce;
``(III) which has a population of
not less than 5,000 and not more than
150,000;
``(IV) which has a poverty rate not
less than 20 percent (within the
meaning of section 1400E(c)(3)(C));
``(V) which has an average annual
rate of job growth of less than 2
percent during any 3 years of the
preceding 5-year period; and
``(VI) which, during the period
beginning January 1, 1990 and ending
with the date of the enactment of this
Act, has a net out-migration of
inhabitants, or other population loss,
from the area of at least 2 percent of
the population of the area during such
period.
``(ii) Number of designations.--The
Secretary of Housing and Urban Development may
not designate more than 100 development zones.
``(D) Special rules for determining amount of
credit.--For purposes of applying this subpart to wages
paid or incurred to any qualified small business
employee--
``(i) subsection (a) shall be applied by
substituting ``20 percent of the qualified
first, second, third, fourth, or fifth year
wages'' for ``40 percent of the qualified first
year wages'', and
``(ii) in lieu of paragraphs (2) and (3) of
subsection (b), the following definitions and
special rule shall apply:
``(I) Qualified first-year wages.--
The term `qualified first-year wages'
means, with respect to any individual,
qualified wages attributable to service
rendered during the 1-year period
beginning with the day the individual
begins work for the employer.
``(II) Qualified second-year
wages.--The term `qualified second-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (I).
``(III) Qualified third-year
wages.--The term `qualified third-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (II).
``(IV) Qualified fourth-year
wages.--The term `qualified fourth-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (III).
``(V) Qualified fifth-year wages.--
The term `qualified fifth-year wages'
means, with respect to any individual,
qualified wages attributable to service
rendered during the 1-year period
beginning on the day after the last day
of the 1-year period with respect to
such individual determined under
subclause (IV).
``(VI) Only first $15,000 of wages
per year taken into account.--The
amount of the qualified first, second,
third, fourth, and fifth year wages
which may be taken into account with
respect to any individual shall not
exceed $15,000 per year.''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act. | Small Business Jobs Tax Credit Act of 2004 - Amends the Internal Revenue Code to include qualified small business employees as a targeted group eligible for the work opportunity tax credit. Defines "qualified small business employee" as an individual who resides in and is hired by a small business located in a development zone. Defines "development zone" as any area which has (1) a development zone designation and a nomination as a renewal community; (2) a population between 5,000 and 150,000; (3) a certain level of poverty; (4) an annual average rate of job growth of less than two percent over a specified period; and (5) a population loss of at least two percent since 1990. Sets forth special rules for determining the amount of the allowable credit based upon wages paid to employees in a development zone over a five-year period. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raising Enrollment with a Government
Initiated System for Timely Electoral Registration (REGISTER) Act of
2015''.
SEC. 2. TRANSMISSION OF INFORMATION TO STATE OR LOCAL ELECTION
OFFICIALS.
(a) Designation of Source Agencies.--
(1) In general.--Each State shall designate agencies for
purposes of providing source information for voter registration
for elections for Federal office under this Act (in this Act
referred to as a ``source agency'').
(2) Source agency.--
(A) In general.--Source agencies designated under
paragraph (1) shall include the following:
(i) The State motor vehicle authority.
(ii) Any office in the State designated as
a voter registration agency pursuant to section
7(a) of the National Voter Registration Act of
1993 (52 U.S.C. 20506(a)).
(B) Designation of additional agencies.--In
addition to the agencies described in subparagraph (A),
a State may designate as a source agency an agency that
collects (as of the date of enactment of this Act)
information necessary to determine eligibility to vote
in an election for Federal office.
(b) Required Transfer of Information to Election Officials.--
(1) In general.--Not less frequently than every 14 days,
subject to paragraph (2), a source agency shall transfer
electronically to State or local election officials certain
basic information collected since the preceding transfer of
information under this subsection with respect to individuals.
Such information shall be transferred in a format that can be
reviewed by those officials and translated and uploaded onto
the computerized statewide voter registration database.
(2) Daily transfer during 14 days preceding voter
registration deadline for general election.--During the 14-day
period preceding the voter registration deadline for a general
election, a source agency shall transfer such information under
paragraph (1) not less frequently than on a daily basis.
(c) Notification of Individuals.--A source agency shall, with
respect to any individual disclosing information to the agency that may
be relied upon to determine eligibility to register to vote in
elections for Federal office--
(1) notify the individual that such information will be
transferred in accordance with subsection (b); and
(2) provide the individual the opportunity to opt out of
automatic voter registration.
SEC. 3. ADMINISTRATION OF VOTER REGISTRATION.
(a) Registration of Eligible Voters Not Previously Registered.--
(1) In general.--If the information transferred under
section 2(b) reflects an individual not included on the voter
registration list, and if the appropriate election official
determines that the individual meets the qualifications to vote
in an election for Federal office and is not otherwise
ineligible to vote in such an election (or has not elected to
opt out of automatic voter registration pursuant to section
2(c)(2)), the State shall ensure that the eligible voter is
registered to vote in accordance with this subsection and is
added to the voter registration list.
(2) Notification.--If State or local election officials
determine, in accordance with paragraph (1), that an individual
is an eligible voter, State election officials shall--
(A) notify the individual in writing that they have
been registered to vote; and
(B) inform the individual of the process to adopt a
political party affiliation.
(b) Updating of Information of Registered Voters.--If the
information transferred under section 2(b) reflects an individual
already included on the voter registration list, and if the information
reliably indicates a more recent change to the name or address of the
individual, the State shall ensure that the records of the individual
on the voter registration list are updated accordingly.
(c) Nothing Precluding Registration.--Nothing in this section shall
preclude a person who has previously declined voter registration from
subsequently registering.
(d) No Impact on Application of NVRA.--Each State shall maintain
all obligations applicable as of the date of enactment of this Act to
register voters upon receipt of a valid voter registration application
through means provided by the National Voter Registration Act of 1993
(52 U.S.C. 20501 et seq.).
SEC. 4. VOTER REGISTRATION REQUIREMENTS.
(a) Nothing in this Act shall be construed to amend the substantive
qualifications of a voter in a State.
(b) Nothing in this Act shall be construed to interfere with the
authority or obligation of any election official, under State or
Federal law, to--
(1) determine whether an individual is eligible to vote; or
(2) conduct regular, nondiscriminatory list maintenance
designed to ensure that individuals who are not eligible to
vote are not reflected as voters on the statewide voter
registration list in accordance with the National Voter
Registration Act of 1993 (52 U.S.C. 20501 et seq.).
SEC. 5. PROTECTIONS AGAINST LIABILITY OF INDIVIDUALS.
Notwithstanding any other provision of law, any individual who is
not eligible to vote and who becomes registered to vote under this Act
shall not be found on that basis to have made a false claim to
citizenship or to have committed an act involving moral turpitude under
Federal law, unless such individual affirmatively asserts that he or
she is a United States citizen by signing a document that so states
after the date of enactment of this Act.
SEC. 6. PRIVACY AND SECURITY STANDARDS.
(a) Privacy and Security Policy.--The State shall publish and
enforce a privacy and security policy specifying each class of users
who shall have authorized access to the computerized statewide voter
registration list, specifying for each such class the permission and
levels of access to be granted, and setting forth other safeguards to
protect the privacy and security of the information on the list. Such
policy shall include security safeguards to protect personal
information in the data transfer process. This policy shall--
(1) prohibit public disclosure of certain voter
information, including the source of a voter's registration and
any information not necessary to voter registration;
(2) protect against public disclosure of Social Security
numbers and digits, driver's license numbers, and signatures;
(3) prohibit public disclosure of an individual's decision
not to register to vote;
(4) prohibit agencies from transmitting to election
officials information other than that required for voter
registration or specified information relevant to the
administration of elections, including language preference and
demographic information; and
(5) prohibit the disclosure of information relating to
persons in categories designated confidential by Federal or
State law.
(b) No Unauthorized Access.--The State shall establish polices and
enforcement procedures to prevent unauthorized access to the statewide
voter registration database and to any list provided by a source agency
or list maintenance source.
(c) Inter-Agency Transfers.--The State shall establish policies and
enforcement procedures to maintain security during inter-agency
transfers of information required or permitted under this Act. Each
source agency participating in such inter-agency transfers of
information shall facilitate and comply with such policies. Nothing in
this subsection shall prevent a source agency from establishing and
enforcing additional security measures to protect the confidentiality
and integrity of inter-agency data transfers.
(d) Records Retention.--The State shall, as provided in this
subsection, establish standards and procedures to maintain all election
records required for purposes of this Act, including for the purpose of
determining the eligibility of individuals casting provisional ballots.
Records for voters who have been retained on the statewide voter
registration database but identified as ineligible to vote within the
State, or removed from the statewide voter registration list due to
ineligibility, shall be maintained and kept available until at least
the date of the second general election for Federal office that occurs
after the date that the voter was identified as ineligible.
SEC. 7. PROTECTIONS AGAINST MISUSE OF INFORMATION.
(a) Restriction on Use of Registration Records.--No person acting
under color of law may use the statewide voter registration list to
attempt to determine the citizenship status of any individual for any
purpose other than voter registration, election administration, or the
enforcement of laws against election crimes.
(b) Restriction on Use of Information.--No information relating to
an individual's absence from the statewide voter registration list or
an individual's declination to supply information for voter
registration purposes at a source may be disclosed to the public, or
used for any purpose other than voter registration, election
administration, or the enforcement of laws against election crimes.
(c) Nondiscrimination.--No person acting under color of law may
discriminate against any individual on the basis of the individual's
absence from the statewide voter registration list, the information
supplied by the individual for voter registration purposes at a source,
or the individual's declination to supply such information, except as
required to administer elections or enforce election laws.
SEC. 8. SPECIAL PROCEDURES RELATING TO TRANSITION.
(a) Initial Notification.--Not later than 180 days following the
date of enactment of this Act, each State shall mail information
regarding automatic voter registration, including the process to opt
out of automatic voter registration, to any individual in the State who
has provided information necessary to determine eligibility to vote in
an election for Federal office to a designated source agency within the
2 years preceding such date of enactment and who is not already
registered to vote in the State.
(b) Opportunity To Opt Out.--Any individual receiving such
information shall have 21 calendar days to opt out of automatic voter
registration under this Act.
(c) Automatic Registration.--If the State does not receive an opt-
out notification from an individual by the end of such 21-day period,
the individual shall be registered to vote in the State. | Raising Enrollment with a Government Initiated System for Timely Electoral Registration (REGISTER) Act of 2015 This bill requires each state to designate agencies (including motor vehicle authorities) to transfer electronically to state or local election officials source information on individuals for automatic voter registration for federal elections, unless an individual disclosing information to the agency opts out of automatic registration. Such information must be transferred in a format that can be reviewed by state or local election officials and uploaded into a computerized statewide voter registration database. Registration of eligible voters not previously registered, and who have not opted out, is mandatory. A state must publish and enforce privacy and information security standards meeting specified requirements. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing the Talent America Requires
for the 21st Century Act of 2012'' or the ``STAR Act of 2012''.
SEC. 2. DEFINITIONS.
(a) STEM Field.--Section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)) is amended by inserting after paragraph (52) the
following new paragraph:
``(53) STEM field.--The term `STEM field' means a field of
study or occupation included on the 2012 STEM Designated Degree
Program List published by the Department of Homeland Security
and referred to in section 214.2(f)(11)(C)(2) of title 8, Code
of Federal Regulations, (or any similar successor regulation)
or any field of study or occupation added to such list by the
Secretary of Homeland Security.''.
(b) United States Research Institution.--Section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)), as amended by
subsection (a), is further amended by adding at the end, the following
new paragraph:
``(54) United states research institution.--The term
`United States research institution' means an institution of
higher education that--
``(A) is described in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a));
``(B) received, or is part of a system of
institutions of higher education that received, at
least $5,000,000 in direct Federal science and
engineering funding for research and development in the
preceding fiscal year; or
``(C) has been in existence for at least 10
years.''.
SEC. 3. LABOR MARKET PROVISIONS.
(a) Labor Certification and Qualification for Certain Immigrants.--
Section 212(a)(5)(A)(ii) of such Act (8 U.S.C. 1182(a)(5)(A)(ii)) is
amended--
(1) in subclause (I), by striking ``, or'' at the end and
inserting a semicolon;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(III) holds a Master's degree in
a STEM field from a United States
research institution if the alien will
be employed by an employer who engages
in a competitive recruitment and
selection process and determines that
the alien was found to be more
qualified than any willing and able
United States worker who applied for
the job.''.
(b) Designation as Shortage Occupations.--A job described in an
immigrant petition under paragraph (1) or (2) of section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)) that is filed on
behalf of an alien who holds a doctorate degree from a United States
research institution in a STEM field (as that term is defined in
paragraph (53) of section 101(a) of the Immigration and Nationality
Act, as added by section 2(a)) shall be deemed a Schedule A shortage
occupation and the petitioner may apply for a certification directly
with the appropriate office of the Department of Homeland Security.
(c) Labor Certification.--Section 212(a)(5)(A) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at
the end the following:
``(v) Continued validity of labor market
test.--A certification made under clause (i)
with respect to an individual who seeks to
immigrate under section 203(b)(2)(A)(i) shall
remain valid if the individual files an
immigrant petition under section 204(a)(1)(F)
of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(F)). Recruitment conducted to
satisfy clause (i) shall remain valid for an
application submitted under clause
(ii)(III).''.
SEC. 4. ALLOCATION OF VISAS.
(a) Worldwide Level of Immigration.--Section 201(d)(2) of the
Immigration and Nationality Act (8 U.S.C. 1151(d)(2)) is amended by
adding at the end the following:
``(D) In addition to the increase provided under
subparagraph (C), the number computed under this
paragraph for fiscal year 2013 and subsequent fiscal
years shall be increased by 55,000, to be used in
accordance with section 203(b)(2)(A)(i).''.
(b) Preference Allocation for Employment-Based Immigrants.--Section
203(b)(2)(A) of such Act is amended--
(1) by striking ``Visas shall be''; and inserting the
following:
``(i) Advanced degree holders and aliens of
exceptional ability.--Visas shall be''; and
(2) by adding at the end the following:
``(ii) STEM visa holder.--Visas allocated
under section 203(b)(2) shall be made available
first to aliens who graduate from a United
States research institution with a doctorate or
master's degree in a STEM field and who intend
to work in a related field. Visas made
available under this clause shall not be
counted for purposes of computing any
percentage of the worldwide level under this
subsection.''.
(c) Utilizing Visas.--Section 202(a)(5) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(5)) is amended by adding at the end
the following:
``(C) Carry over visas.--The total number of visas
available under paragraph (1), (2), (3), (4) or (5) of
section 203(b) shall be increased by the difference
between the number of visas available under section
203(b) in the prior fiscal year and the amount used
during that fiscal year.''.
SEC. 5. RETAINING STUDENTS IN STEM FIELDS.
(a) Dual Intent.--Section 101(a)(15)(F)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking
``an alien having a residence in a foreign country which he has no
intention of abandoning, who is a bona fide student qualified to pursue
a full course of study and who'' and inserting ``an alien who is a bona
fide student qualified to pursue a full course of study, who (except
for a student who intends to pursue a Master's or higher degree in a
STEM field from a United States research institution) has a residence
in a foreign country which the alien has no intention of abandoning,
and who''.
(b) Conforming Amendments.--
(1) Presumption of status.--Section 214(b) of the
Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended
by striking ``(other than a nonimmigrant'' and inserting
``(other than a nonimmigrant described in section 101(a)(15)(F)
if the student intends to pursue a Master's or higher degree in
a STEM field from a United States research institution)''.
(2) Intention to abandon foreign residence.--Section 214(h)
of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is
amended by inserting ``(F) (if the student intends to pursue a
Master's or higher degree in a field of science, technology,
engineering or mathematics from a qualifying research
institution)'' before ``(H)(i)(b)''.
SEC. 6. RETAINING SKILLED WORKERS SUBJECT TO VISA BACKLOG.
(a) In General.--Section 245(a) of the Immigration and Nationality
Act (8 U.S.C. 1255(a)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by striking ``(a) The status of'' and inserting the
following:
``(a) In General.--
``(1) Adjustment of status.--The status of''; and
(3) by adding at the end the following:
``(2) Supplemental fee.--An application that is based on a
petition approved or approvable under subparagraph (E) or (F)
of section 204(a)(1) may be filed without regard to the
limitation set forth in paragraph (1)(C) if a supplemental fee
of $500 is paid by the principal alien at the time the
application is filed. A supplemental fee may not be required
for any dependent alien accompanying or following to join the
principal alien.
``(3) Visa availability.--An application for adjustment
filed under this paragraph may not be approved until such time
as an immigrant visa becomes available.''.
(b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is
amended by inserting before the period at the end ``and the fees
collected under section 245(a)(2).''.
SEC. 7. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.
(a) Worldwide Level of Diversity Immigrants.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph
(1);
(B) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Allocation of Diversity Immigrant Visas.--Section 203 of such
Act (8 U.S.C. 1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking ``(a), (b), or (c),''
and inserting ``(a) or (b),'';
(3) in subsection (e), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''; and
(5) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''.
(c) Procedure for Granting Immigrant Status.--Section 204 of such
Act (8 U.S.C. 1154) is amended--
(1) by striking subsection (a)(1)(I); and
(2) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
(d) Use of Visas.--There shall be 55,000 immigrant visas available
for the aliens described in clause (ii) of section 203(b)(2)(A) of such
Act (8 U.S.C. 1182(a)(5)(A)), as added by section 4. | Securing the Talent America Requires for the 21st Century Act of 2012 or the STAR Act of 2012 - Amends the Immigration and Nationality Act to allocate 55,000 annual immigrant visas for eligible STEM field (science, technology, engineering, and mathematics) advanced degree graduates of qualifying U.S. research institutions who have job offers in related fields.
Exempts from regular labor certification requirements an alien who holds a master's degree in a STEM field from a U.S. research institution if the alien will be employed by an employer who engages in a competitive recruitment and selection process and determines that the alien is more qualified than any U.S. worker who applied for the job.
Deems as a shortage occupation a job described in an employment-based immigrant preference petition filed on behalf of an alien who holds a doctorate degree from a U.S. research institution in a STEM field. Permits the petitioner to apply for a certification directly with the Department of Homeland Security (DHS).
Includes among employment-based immigrant preferences aliens who graduate from a U.S. research institution with a doctorate or master's degree in a STEM field and intend to work in a related field.
Excludes an alien student who intends to pursue an advanced STEM field degree in a U.S. research institution from the foreign student visa requirement that an alien student has a foreign residence which he or she has no intention of abandoning. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Relationships Act of 2017''.
SEC. 2. SEXUAL RISK AVOIDANCE EDUCATION.
(a) Grants.--The Secretary of Health and Human Services, acting
through the Administration for Children & Families (in this section
referred to as the ``Secretary''), may award grants on a competitive
basis to public and private entities for the exclusive purpose of
providing qualified sexual risk avoidance (in this section referred to
as ``SRA'') education to youth and their parents.
(b) Qualified SRA Education.--To receive funding for SRA education
under this section, an entity shall demonstrate to the Secretary each
of the following:
(1) The education--
(A) will be evidenced-based, meaning it will have a
clear theoretical framework integrating research
findings with practical implementation relevant to the
SRA field that matches the needs and desired outcomes
for the intended audience; and
(B) if effectively implemented, will give youth
improved life and health outcomes.
(2) The unambiguous and primary emphasis and context for
each topic covered by the education will be the message to
middle and high school students that avoiding nonmarital sexual
activity offers the best opportunity for optimal sexual health.
(3) The education will be medically accurate, meaning that
information will be referenced to peer reviewed publications by
educational, scientific, governmental, or health organizations.
(4) The education will be age-appropriate, meaning it will
be appropriate for the general developmental and social
maturity of the targeted age group (as opposed to the cognitive
ability to understand a topic, or the atypical maturation, of a
small segment of the targeted population).
(5) The education will thoroughly address each of the
following:
(A) The holistic individual and societal benefits
associated with personal responsibility, self-
regulation, goal setting, healthy decisionmaking, and a
focus on the future.
(B) The research-supported advantage of reserving
sexual activity for marriage, in order to improve the
future prospects and physical and emotional health of
youth, and helping sexually active students return to a
risk-free status. In this subparagraph, the terms
``sexual activity'' and ``sexually active'' refer to
any type of genital contact or sexual stimulation for
the purpose of arousal, including sexual intercourse.
(C) The increased likelihood of avoiding poverty
when youth implement the ``success sequence'' by
achieving three norms in sequence: complete school,
secure a full time job, and wait until at least 21
years of age to marry and have children.
(D) The skills needed to resist the harms
associated with pornography and the pervasive, sex-
saturated culture that portrays teenage sexual activity
as an expected norm, with few risks or negative
consequences.
(E) The foundational components of healthy
relationships and their impact on the formation of
healthy marriages and safe and stable families.
(F) How to resist and avoid sexual coercion and
dating violence, recognizing that even with consent,
teen sex remains a youth risk behavior.
(G) How other youth risk behaviors, such as drug
and alcohol usage, increase the risk for teen sex.
(6) The education will ensure that any information provided
on contraception--
(A) is medically accurate and ensures that students
understand that contraception offers only physical risk
reduction and not risk elimination; and
(B) does not include demonstration, simulation, or
distribution of contraceptive devices.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing programs to
provide qualified SRA education that will--
(1) regularly reinforce the SRA message in both the middle
and high school grades; and
(2) promote parent-child communication regarding the
benefits of avoiding all sexual risk.
(d) Application.--To seek an application under this section, an
entity shall submit an application at such time, in such manner, and
containing such assurances as the Secretary may require. At a minimum,
the application shall include--
(1) assurances satisfactory to the Secretary that each of
the conditions listed in subsection (c) will be satisfied;
(2) an individualized plan to evaluate the SRA education to
be funded through the grant for behavioral impact, or to inform
best practices in the provision of such SRA education that are
based on research that--
(A) is conducted by independent researchers who
have experience in conducting and publishing research
in peer-reviewed outlets; and
(B) is not part of a national evaluation that is
mandated by, contracted for, or conducted by the
Department of Health and Human Services; and
(3) an agreement to expend not more than 20 percent of
their overall grant award for such evaluation.
(e) Training and Technical Assistance.--
(1) In general.--The Secretary may provide training and
technical assistance to grantees under this section.
(2) Requirements.--Any such training and technical
assistance shall--
(A) emphasize the practical implementation of SRA
in all educational messaging to teens;
(B) be provided directly to grantees by SRA-
credentialed experts;
(C) cover methodologies and best practices in SRA
for teens; and
(D) consistently teach in the context of a public
health model that stresses risk avoidance or a return
to a risk avoidance status.
(3) Settings.--Any such training and technical assistance
shall be provided during national and regional conferences,
webinars, and one-on-one conversations about funded projects.
(4) Qualified organizations.--In addition to training and
technical assistance provided by staff of the Department of
Health and Human Services, such training and technical
assistance shall be provided by qualified organizations that
have--
(A) sole focus on the development and advancement
of SRA education;
(B) expertise in theory-based SRA program
development and implementation;
(C) direct experience in developing SRA evaluation
instruments; and
(D) the ability to offer technical assistance and
training on topics relevant to the SRA field.
(f) Authorization of Appropriations.--
(1) In general.--To carry out this section, there is
authorized to be appropriated $100,000,000 for each of fiscal
years 2018 through 2022. Amounts authorized to be appropriated
by the preceding sentence shall be derived exclusively from
amounts made available for the Teen Pregnancy Prevention
program of the Department of Health and Human Services.
(2) Federal administrative costs.--Of the amount authorized
to be appropriated by paragraph (1) for a fiscal year--
(A) up to $1,000,000 are authorized to be used for
the creation of a national media campaign to increase
understanding and appreciation for SRA education;
(B) not more than $1,000,000 are authorized to be
used for Federal administrative costs; and
(C) of the amount used by the Secretary for
administrative costs, no more than 25 percent shall be
used for training and technical assistance. | Healthy Relationships Act of 2017 This bill authorizes the Administration for Children & Families of the Department of Health and Human Services to award grants to public and private entities for the exclusive purpose of providing qualified sexual risk avoidance education to youth and their parents. Such education must address specified topics, including: benefits associated with personal responsibility and healthy decisionmaking; the advantage of reserving sexual activity for marriage; the skills needed to resist the harms associated with pornography and pervasive, sex-saturated culture; the foundational components of healthy relationships; and how to resist and avoid sexual coercion and dating violence. Priority in awarding grants must be given to applicants who propose sexual risk avoidance education programs that will regularly reinforce the sexual risk avoidance message in both the middle and high school grades and will promote parent-child communication on the benefits of avoiding all sexual risk. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Improving Cancer
Treatment Education Act of 2016''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE
MEDICARE PROGRAM
Sec. 101. Medicare coverage of comprehensive cancer patient treatment
education services.
TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT
Sec. 201. Sense of Congress.
Sec. 202. NIH research on cancer symptom management improvement.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Many people with cancer experience side effects,
symptoms, and late complications associated with their disease
and their treatment, which can have a serious adverse impact on
their health, well-being, and quality of life.
(2) Many side effects and symptoms associated with cancer
and its treatment can be reduced or controlled by the provision
of timely symptom management and services and also by educating
people with cancer and their caregivers about the potential
effects before treatment begins.
(3) Studies have found that individualized educational
intervention for cancer pain management from a registered nurse
was effective for patients with cancer being treated in
outpatient and home-based settings. Similarly, the number of
caregivers who said they were well informed and confident about
caregiving after attending a family caregiver cancer education
program increased after program attendance.
(4) People with cancer benefit from having an educational
session with oncology nurses in advance of the initiation of
treatment to learn how to reduce the risk of and manage adverse
effects and maximize well-being. Helping patients to manage
their side effects reduces adverse events and the need for
urgent or inpatient care.
(5) The Oncology Nursing Society has received reports from
its members that, because the Medicare program and other payers
do not cover the provision of patient treatment education,
patients and their caregivers often do not receive adequate
education before the onset of such patients' treatment for
cancer regarding the course of such treatment and the possible
side effects and symptoms such patients may experience. The
Oncology Nursing Society recommends that all patients being
treated for cancer have a one-on-one educational session with a
nurse in advance of the onset of such treatment so that such
patients and their caregivers receive the information they need
to help minimize adverse events related to such treatment and
maximize the well-being of such patients.
(6) Insufficient or nonexistent Medicare payments coupled
with poor investment in symptom management research contribute
to the inadequate education of patients, poor management and
monitoring of cancer symptoms, and inadequate handling of late
effects of cancer and its treatment.
(7) People with cancer often do not have the symptoms
associated with their disease and the associated treatment
managed in a comprehensive or appropriate manner.
(8) People with cancer deserve to have access to
comprehensive care that includes appropriate treatment and
symptom management.
(9) Patients who receive infused chemotherapy likely obtain
some treatment education during the course of the
administration of their treatment; yet, many do not, and
individuals who may receive a different type of cancer care,
such as radiation or surgical interventions or oral
chemotherapy taken at home, likely do not receive treatment
education during their treatment.
(10) Comprehensive cancer care must include access to
services and management associated with nausea, vomiting,
fatigue, depression, pain, and other symptoms.
(11) The Institute of Medicine report, ``Ensuring Quality
Cancer Care'' asserts that ``much can be done to relieve the
symptoms, ease distress, provide comfort, and in other ways
improve the quality of life of someone with cancer. For a
person with cancer, maintenance of quality of life requires, at
a minimum, relief from pain and other distressing symptoms,
relief from anxiety and depressions, including the fear of
pain, and a sense of security that assistance will be readily
available if needed.''.
(12) The Institute of Medicine report, ``Cancer Care for
the Whole Patient: Meeting Psychosocial Health Needs''
recognizes that cancer patients' psychosocial needs include
information about their therapies and the potential side
effects.
(13) As more than half of all cancer diagnoses occur among
individuals age 65 and older, the challenges of managing cancer
symptoms are growing for patients enrolled in the Medicare
program.
(14) Provision of Medicare payment for comprehensive cancer
patient treatment education, coupled with expanded cancer
symptom management research, will help improve care and quality
of life for people with cancer from the time of diagnosis
through survivorship or end of life.
TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE
MEDICARE PROGRAM
SEC. 101. MEDICARE COVERAGE OF COMPREHENSIVE CANCER PATIENT TREATMENT
EDUCATION SERVICES.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(EE);
(B) by adding ``and'' at the end of subparagraph
(FF); and
(C) by adding at the end the following new
subparagraph:
``(GG) comprehensive cancer patient treatment education
services (as defined in subsection (iii)(1));''; and
(2) by adding at the end the following new subsection:
``Comprehensive Cancer Patient Treatment Education Services
``(iii)(1) The term `comprehensive cancer patient treatment
education services' means--
``(A) in the case of an individual who is diagnosed with
cancer, the provision of a one-hour patient treatment education
session delivered by a registered nurse that--
``(i) is furnished to the individual and the
caregiver (or caregivers) of the individual in advance
of the onset of treatment and to the extent
practicable, is not furnished on the day of diagnosis
or on the first day of treatment;
``(ii) educates the individual and such caregiver
(or caregivers) to the greatest extent practicable,
about all aspects of the care to be furnished to the
individual, informs the individual regarding any
potential symptoms, side-effects, or adverse events,
and explains ways in which side effects and adverse
events can be minimized and health and well-being
maximized, and provides guidance regarding those side
effects to be reported and to which health care
provider the side effects should be reported;
``(iii) includes the provision, in written form, of
information about the course of treatment, any
responsibilities of the individual with respect to
self-dosing, and ways in which to address symptoms and
side-effects; and
``(iv) is furnished, to the greatest extent
practicable, in an oral, written, or electronic form
that appropriately takes into account cultural and
linguistic needs of the individual in order to make the
information comprehensible to the individual and such
caregiver (or caregivers); and
``(B) with respect to an individual for whom a course of
cancer treatment or therapy is materially modified, a one-hour
patient treatment education session described in subparagraph
(A), including updated information on the matters described in
such subparagraph should the individual's oncologic health care
professional deem it appropriate and necessary.
``(2) In establishing standards to carry out paragraph (1), the
Secretary shall consult with appropriate organizations representing
providers of oncology patient treatment education services and
organizations representing people with cancer.''.
(b) Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(AA)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (BB) with respect to comprehensive cancer
patient treatment education services (as defined in section
1861(iii)(1)), 150 percent of the payment rate established
under section 1848 for diabetes outpatient self-management
training services (as defined in section 1861(qq)), determined
and applied without regard to any coinsurance''.
(c) Coverage.--Section 1862(a)(1) of such Act (42 U.S.C.
1395y(a)(1)) is amended--
(1) in subparagraph (O), by striking ``and'' at the end;
(2) in subparagraph (P), by striking the semicolon at the
end and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(Q) in the case of comprehensive cancer patient treatment
education services (as defined in subsection (iii)(1)) which
are performed more frequently than is covered under such
section;''.
(d) No Impact on Payment for Other Services.--Nothing in this
section shall be construed to affect or otherwise authorize any
reduction or modification, in the Medicare payment amounts otherwise
established for chemotherapy infusion or injection codes with respect
to the calculation and payment of minutes for chemotherapy teaching or
related services.
(e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the first day of the first
calendar year that begins after the date of the enactment of this Act.
TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT
SEC. 201. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) many people with cancer experience side effects,
symptoms, and late side effects associated with their disease
and their treatment, and such effects can have a serious
adverse impact on the effectiveness of their treatment, their
health, well-being, and quality of life;
(2) with the number of cancer survivors continuing to grow,
addressing the effects of their symptoms and side effects is
becoming increasingly critical in reducing the burden of cancer
and its treatments;
(3) although research is producing new insights into the
causes of and cures for cancer, efforts to manage the symptoms
and side effects of the disease and its treatments have not
kept pace; and
(4) the National Institutes of Health should continue to
support research in the area of symptom management and the role
that nurses play in providing those interventions.
SEC. 202. NIH RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT.
(a) In General.--The Director of the National Institutes of Health
shall expand, intensify, and coordinate programs for the conduct and
support of research with respect to--
(1) improving the treatment and management of symptoms and
side effects associated with cancer and cancer treatment; and
(2) evaluating the role of nursing interventions in the
amelioration of such symptoms and side effects.
(b) Administration.--The Director of the National Institutes of
Health is encouraged to carry out this section through the Director of
the National Cancer Institute, in collaboration with at least the
directors of the National Institute of Nursing Research, the National
Institute of Neurological Disorders and Stroke, the National Institute
of Mental Health, the National Center on Minority Health and Health
Disparities, the National Center for Complementary and Alternative
Medicine, and the Agency for Healthcare Research and Quality. | Improving Cancer Treatment Education Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to establish Medicare coverage with respect to comprehensive treatment education services for cancer patients. In addition, the bill requires the National Institutes of Health to expand, intensify, and coordinate research on cancer symptom management improvement. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Steve Grissom
Relief Fund Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RELIEF FUND
Sec. 101. Steve Grissom relief fund.
Sec. 102. Compassionate payments.
Sec. 103. Determination and payment.
Sec. 104. Limitation on transfer of rights and number of petitions.
Sec. 105. Time limitation.
Sec. 106. Certain claims not affected by payment.
Sec. 107. Definitions.
TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM
Sec. 201. Treatment of certain payments under the SSI program.
TITLE I--RELIEF FUND
SEC. 101. STEVE GRISSOM RELIEF FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Steve Grissom Relief
Fund'', which shall be administered by the Secretary of the Treasury.
(b) Investment of Amounts in Fund.--Amounts in the Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on and proceeds from any such investment shall
be credited to and become part of the Fund.
(c) Availability of Fund.--Amounts in the Fund shall be available
only for disbursement by the Secretary of Health and Human Services
under section 103.
(d) Termination.--The Fund shall terminate upon the expiration of
the 5-year period beginning on the date of the enactment of this Act.
If all of the amounts in the Fund have not been expended by the end of
the 5-year period, investments of amounts in the Fund shall be
liquidated, the receipts of such liquidation shall be deposited in the
Fund, and all funds remaining in the Fund shall be deposited in the
miscellaneous receipts account in the Treasury of the United States.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund such sums as may be necessary to carry out
this title.
SEC. 102. COMPASSIONATE PAYMENTS.
(a) In General.--If the conditions described in subsection (b) are
met and if there are sufficient amounts in the Fund to make each
payment, the Secretary shall make a single payment of $100,000 from the
Fund to any individual who has an HIV infection, or who is diagnosed
with AIDS, and who is described in one of the following paragraphs:
(1) The individual was treated with HIV contaminated blood
transfusion, HIV contaminated blood components, HIV
contaminated human tissue, or HIV contaminated organs
(excluding Anti-hemophiliac Factor) in the United States during
the period beginning on July 1, 1982, and ending on December
31, 1987.
(2) The individual--
(A) is the lawful spouse of an individual described
in paragraph (1); or
(B) is the former lawful spouse of an individual
described in paragraph (1) and was the lawful spouse of
the individual at any time after a date, within the
period described in such subparagraph, on which the
individual was treated as described in such paragraph
and through medical documentation can assert reasonable
certainty of transmission of HIV from individual
described in paragraph (1).
(3) The individual acquired the HIV infection through
perinatal transmission from a parent who is an individual
described in paragraph (1) or (2).
(b) Conditions.--The conditions described in this subsection are,
with respect to an individual, as follows:
(1) Submission of medical documentation of hiv infection.--
(A) In general.--The individual submits to the
Secretary written medical documentation that
demonstrates that--
(i) the individual has (or had) an HIV
infection;
(ii) in the case of an individual described
in subsection (a)(1), the individual was
treated with a blood transfusion, blood
components, human tissue, or organs (excluding
anti-hemophiliac Factor) provided by a medical
professional in the United States during the
period described in such subsection;
(iii) prior to the treatment described in
subparagraph (B), there was no evidence of HIV
infection with respect to the individual
involved; and
(iv) a comprehensive physical examination,
or HIV testing, was conducted after the
treatment described in subparagraph (B) and
reveals evidence of HIV infection, and that
evidence, together with other medical records,
indicates the probable transmission of the HIV
to the individual through such treatment.
(B) Waivers.--The Secretary may waive the
requirements of subparagraph (A) with respect to an
individual if the Secretary determines that the
individual is unable to provide the documentation
required under such subparagraph because the documents
involved were destroyed or otherwise made unavailable
as a result of the occurrence a natural disaster or
other circumstance beyond the control of the individual.
(2) Petition.--A petition for the payment is filed with the
Secretary by or on behalf of the individual.
(3) Determination.--The Secretary determines, in accordance
with section 103(b), that the petition meets the requirements
of this title.
(4) Fraud.--Any individual who--
(A) knowingly and willfully makes or causes to be
made any false statement or representation of a
material fact in connection with any documentation
provided under this subsection; or
(B) having knowledge of the occurrence of any event
affecting his or her initial or continued right to any
payment under this title conceals or fails to disclose
such event with an intent fraudulently to secure such
payment;
shall be fined not more than $100,000 or imprisoned for not
more than 5 years, or both.
SEC. 103. DETERMINATION AND PAYMENT.
(a) Establishment of Filing Procedures.--The Secretary of Health
and Human Services shall establish procedures under which individuals
may submit petitions for payment under this title. The procedures shall
include a requirement that each petition filed under this Act include
written medical documentation that the relevant individual described in
section 102(a)(1) received the treatment described in such section.
(b) Determination.--For each petition filed under this title, the
Secretary shall determine whether the petition meets the requirements
of this title.
(c) Payment.--
(1) In general.--To the extent there are sufficient amounts
in the Fund to cover each payment, the Secretary shall pay,
from the Fund, each petition that the Secretary determines
meets the requirements of this title in the order received.
(2) Payments in case of deceased individuals.--
(A) In general.--In the case of an individual
referred to in section 102(a) who was diagnosed with
AIDS and who is deceased at the time that payment is
made under this section on a petition filed by or on
behalf of the individual, the payment shall be made as
follows:
(i) If the individual is survived by a
spouse who is living at the time of payment,
the payment shall be made to such surviving
spouse.
(ii) If the individual is not survived by a
spouse described in clause (i), the payment
shall be made in equal shares to all children
of the individual who are living at the time of
the payment.
(iii) If the individual is not survived by
a person described in clause (i) or (ii), the
payment shall be made in equal shares to the
parents of the individual who are living at the
time of the payment.
(iv) If the individual is not survived by a
person described in clause (i), (ii), or (iii),
the payment shall revert back to the Fund.
(B) Filing of petition by survivor.--If an
individual eligible for payment under section 102(a)
dies before filing a petition under this title, a
survivor of the individual may file a petition for
payment under this title on behalf of the individual if
the survivor may receive payment under subparagraph
(A).
(C) Definitions.--For purposes of this paragraph:
(i) Spouse.--The term ``spouse'' means an
individual who was lawfully married to the
relevant individual at the time of death.
(ii) Child.--The term ``child'' includes a
recognized natural child, a stepchild who lived
with the relevant individual in a regular
parent-child relationship, and an adopted
child.
(iii) Parent.--The term ``parent'' includes
fathers and mothers through adoption.
(3) Timing of payment.--The Secretary may not make a
payment on a petition under this title before the expiration of
the 120-day period beginning on the date of the enactment of
this Act or after the expiration of the 5-year period beginning
on the date of the enactment of this Act.
(d) Action on Petitions.--The Secretary shall complete the
determination required by subsection (b) regarding a petition not later
than 120 days after the date the petition is filed under this title.
(e) Humanitarian Nature of Payment.--This Act does not create or
admit any claim of or on behalf of the individual against the United
States or against any officer, employee, or agent thereof acting within
the scope of employment or agency that relate to an HIV infection
arising from a treatment described in section 102(a)(1), at any time
during the period beginning on July 1, 1982, and ending on December 31,
1987. A payment under this Act shall, however, when accepted by or on
behalf of the individual, be in full satisfaction of all such claims by
or on behalf of that individual.
(f) Termination of Duties of Secretary.--The duties of the
Secretary under this section shall cease when the Fund terminates.
(g) Treatment of Payments Under Other Laws.--A payment under
subsection (c)(1) to an individual--
(1) shall be treated for purposes of the Internal Revenue
Code of 1986 as damages described in section 104(a)(2) of such
Code;
(2) shall not be included as income or resources for
purposes of determining the eligibility of the individual to
receive benefits described in section 3803(c)(2)(C) of title
31, United States Code, or the amount of such benefits, and
such benefits shall not be secondary to, conditioned upon
reimbursement from, or subject to any reduction because of
receipt of, any such payment; and
(3) shall not be treated as a third party payment or
payment in relation to a legal liability with respect to such
benefits and shall not be subject (whether by subrogation or
otherwise) to recovery, recoupment, reimbursement, or
collection with respect to such benefits (including the Federal
or State governments or any entity that provides such benefits
under a contract).
(h) Regulatory Authority.--The Secretary may issue regulations
necessary to carry out this title.
(i) Time of Issuance of Procedures.--The Secretary shall, through
the promulgation of appropriate regulations, guidelines, or otherwise,
first establish the procedures to carry out this title not later than
120 days after the date of the enactment of this Act.
SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS.
(a) Rights Not Assignable or Transferable.--Any right under this
title shall not be assignable or transferable.
(b) One Petition With Respect to Each Victim.--With respect to each
individual described in paragraph (1), (2), or (3) of section 102(a),
the Secretary may not make payment with respect to more than one
petition filed in respect to an individual.
SEC. 105. TIME LIMITATION.
The Secretary may not make any payment with respect to any petition
filed under this title unless the petition is filed within 5 years
after the date of the enactment of this Act.
SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.
A payment made under section 103(c)(1) shall not be considered as
any form of compensation, or reimbursement for a loss, for purposes of
imposing liability on the individual receiving the payment, on the
basis of such receipt, to repay any insurance carrier for insurance
payments or to repay any person on account of worker's compensation
payments. A payment under this title shall not affect any claim against
an insurance carrier with respect to insurance or against any person
with respect to worker's compensation.
SEC. 107. DEFINITIONS.
For purposes of this title:
(1) AIDS.--The term ``AIDS'' means acquired immune
deficiency syndrome.
(2) Fund.--The term ``Fund'' means the Steve Grissom Relief
Fund.
(3) HIV.--The term ``HIV'' means human immunodeficiency
virus.
(4) Secretary.--Unless otherwise provided, the term
``Secretary'' means Secretary of Health and Human Services.
TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM
SEC. 201. TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM.
(a) In General.--Notwithstanding any other provision of law, the
payments described in subsection (b) shall not be considered income or
resources in determining eligibility for, or the amount of supplemental
security income benefits under title XVI of the Social Security Act.
(b) Government Payments Described.--The payments described in this
subsection are payments made from the Fund established pursuant to
section 101 of this Act. | Steve Grissom Relief Fund Act of 2002 - Establishes the Steve Grissom Relief Fund in the Treasury. Directs the Secretary of Health and Human Services to make single payments to individuals infected with HIV or diagnosed with AIDS as a result of HIV- contaminated blood, blood components, human tissue or organs. Includes lawful spouses, as specified.Sets forth documentation, petition, determination, and payment procedures. States that such payments do not create or admit any claim or constitute income for income tax, supplemental security income benefits, and other purposes.Prohibits the assignment or transfer of rights under this title. Limits petitions to one per victim. Terminates the program after five years.Excludes payments from consideration as compensation or reimbursement for a loss as it concerns insurance or worker's compensation. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse of Tomorrow Act of 2001''.
SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.
(a) Nurse Retention and Recruitment.--
(1) In general.--Title VIII of the Public Health Service
Act (42 U.S.C. 296 et seq.) is amended by inserting at the end
the following:
``PART H--NURSE RETENTION AND RECRUITMENT
``SEC. 851. NURSE RECRUITMENT AND RETENTION GRANTS.
``(a) In General.--The Secretary may award grants to hospitals,
nursing facilities, home health agencies, and hospices that are
experiencing shortages in nursing personnel to meet the costs of--3.
``(1) providing skills training and career development of
nurses to encourage them to work in clinical specialty areas
experiencing shortages;
``(2) providing grants to encourage nurses to upgrade their
skills to enable them to work in clinical specialty areas
experiencing shortages;
``(3) providing tuition reimbursement for nurses who pursue
study towards a bachelors degree, masters degree, or PHD in
nursing or for other health care workers who pursue associate
degrees in nursing;
``(4) providing grants to support externships and
internships for student nurses;
``(5) providing grants to train nurses who have not been
practicing nursing for a period of at least five years and who
make a commitment to work for a multiyear period; and
``(6) creating other nurse retention and recruitment
strategies the Secretary deems appropriate.
``(b) Preference.--In awarding grants under this section, the
Secretary shall give preference to applicants in financial need as
demonstrated by low or negative operating margins.''.
(2) Authorization of appropriations.--Section 841 of the
Public Health Service Act (42 U.S.C. 297q) is amended by adding
at the end the following:
``(f) Part H.--For the purposes of carrying out part H, there are
authorized to be appropriated $100,000,000 for fiscal year 2002, and
such sums as may be necessary for each of the fiscal years 2003 through
2006.''.
(b) Strengthening Capacity for Basic Nurse Education and
Practice.--
(1) In general.--Part D of title VIII of the Public Health
Service Act (42 U.S.C. 296p et seq.) is amended by inserting at
the end the following sections:
``SEC. 832. BASIC NURSE EDUCATION EXPANSION GRANTS.
``(a) In General.--The Secretary may award grants to and enter into
contracts with schools of nursing, including single-purpose degree or
certificate granting institutions for nursing affiliated with hospitals
for the purpose of expanding the number of students provided basic
nurse education at such schools.
``(b) Preference.--In awarding grants under this section, the
Secretary shall give preference to applicants that--
``(1) have demonstrated the ability to recruit and create a
diverse student body;
``(2) provide remedial education to help students with
diverse needs and backgrounds to master the language, reading,
math, and computer skills necessary to attain a license;
``(3) provide the Secretary with a plan to recruit nurse
aides, licensed practical nurses, and other health care
workers;
``(4) provide the Secretary with a plan to build
technologically modern classrooms and laboratories to enable
students to learn the latest technologies, including medical
error reduction technologies; and
``(5) provide the Secretary with a detailed plan to
substantially expand the number of students enrolled in the
school over a four-year period.
``SEC. 833. NURSE EDUCATION ENCOURAGEMENT GRANTS.
``The Secretary may award grants to State departments of health,
State departments of education, collegiate schools of nursing,
associate degree schools of nursing, diploma schools of nursing,
hospital, home health, hospice, or nursing facility or other
professional associations, hospitals, or nursing facilities to enable
such entities to work with local school districts to develop programs
to encourage secondary school students to choose nursing as a
profession.''.
(2) Authorization of Appropriations.--Section 841 of the
Public Health Service Act (42 U.S.C. 297q), as amended by
subsection (a)(2) of this section, is amended--
(A) in subsection (a), by striking ``parts B, C,
and D'' and inserting the following: ``parts B and C
and section 831 of part D''; and
(B) by adding at the end the following subsection:
``(g) Certain Programs Under Part D.--For the purpose of carrying
out sections 832 and 833 of part D, there are authorized to be
appropriated $100,000,000 for fiscal year 2002, and such sums as may be
necessary for each of the fiscal years 2003 through 2006.''.
(c) Loan Repayment Program.--Section 846(g) of the Public Health
Service Act (42 U.S.C. 297n(g)) is amended by striking ``there are
authorized'' and all that follows and inserting the following: ``there
is authorized to be appropriated $5,000,000 for each of the fiscal
years 2002 through 2006.''.
SEC. 3. AMENDMENT TO INTERNAL REVENUE CODE OF 1986.
(a) Refundable Credit for Certain Nurses.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable credits) is amended by redesignating section 35 as
section 36 and by inserting after section 34 the following new
section:
``SEC. 35. CERTAIN NURSES.
``(a) In General.--In the case of an individual who is an eligible
nurse at any time during the taxable year, there shall be allowed as a
credit against the tax imposed by this subtitle the amount determined
under subsection (b).
``(b) Amount of Credit.--
``(1) In general.--The amount of credit determined under
this subsection for a taxable year is $2,000.
``(2) Partial years.--In the case of an individual who is
an eligible nurse for less than an entire taxable year, the
amount of credit determined under this subsection is the amount
which bears the same ratio to $2,000 as the number of days
during the taxable year that the individual is such a nurse
bears to 365.
``(c) Eligible Nurse.--For purposes of this section, the term
`eligible nurse' means any individual who is employed as a nurse at--
``(1) a hospital;
``(2) a skilled nursing facility (as defined in section
1819(a) of the Social Security Act);
``(3) a nursing facility (as defined in section 1919(a) of
the Social Security Act);
``(4) a home health agency (as defined in section 1861 of
the Social Security Act); or
``(5) a hospice program (as defined in section 1861 of the
Social Security Act).''.
(2) Conforming amendments.--
(A) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting before the
period ``, or from section 35 of such Code''.
(B) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the last item and inserting the following new
items:
``Sec. 35. Certain nurses.
``Sec. 36. Overpayments of tax.''.
(3) Effective Date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2001.
(b) Exclusion From Gross Income of Amounts Received Under Nurse
Loan Repayment Program.--
(1) In general.--Section 117 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(e) Certain nurse loan payments under public health service
act.--Gross income shall not include any amount received under section
846 of the Public Health Service Act.''
(2) Effective date.--The amendment made by paragraph (1)
shall apply to amounts received by an individual in taxable
years beginning after December 31, 2001. | Nurse of Tomorrow Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human services to make grants for: (1) nurse recruitment and retention; (2) basic nurse education; and (3) nurse education encouragement.Amends the Internal Revenue Code to: (1) provide a refundable tax credit for certain nurses; and (2) exclude from gross income certain amounts received under the nurse loan repayment program. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Crib Safety Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The disability and death of infants resulting from
injuries sustained in crib incidents are a serious threat to
the public health, welfare, and safety of people of this
country.
(2) The design and construction of a baby crib must ensure
that it is safe to leave an infant unattended for extended
periods of time. A parent or caregiver has a right to believe
that the crib in use is a safe place to leave an infant.
(3) Each year more than 12,000 children ages 2 and under
are injured in cribs seriously enough to require hospital
treatment.
(4) Each year at least 50 children ages 2 and under die
from injuries sustained in cribs.
(5) The United States Consumer Product Safety Commission
estimates that the cost to society resulting from deaths due to
cribs is at least $225,000,000 per year.
(6) Secondhand, hand-me-down, and heirloom cribs pose a
special problem. There are nearly 4 million infants born in
this country each year, but only one million new cribs sold. As
many as 2 out of 4 infants are placed in secondhand, hand-me-
down, or heirloom cribs.
(7) Most crib deaths occur in secondhand, hand-me-down, or
heirloom cribs.
(8) Existing State and Federal legislation is inadequate to
deal with the hazard presented by secondhand, hand-me-down, or
heirloom cribs.
(9) Prohibiting the contracting to sell, resell, lease,
sublease of unsafe cribs that are not new, or otherwise place
in the stream of commerce unsafe secondhand, hand-me-down, or
heirloom cribs, will prevent injuries and deaths caused by
cribs.
(b) Purpose.--The purpose of this Act is to prevent the occurrence
of injuries and deaths to infants as a result of unsafe cribs by making
it illegal--
(1) to manufacture, sell, or contract to sell any crib that
is unsafe for any infant using it; or
(2) to resell, lease, sublet, or otherwise place in the
stream of commerce, after the effective date of this Act, any
unsafe crib, particularly any unsafe secondhand, hand-me-down,
or heirloom crib.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Commercial user.--The term ``commercial user'' means
any person--
(A) who manufactures, sells, or contracts to sell
full-size cribs or nonfull-size cribs; or
(B) who--
(i) deals in full-size or nonfull-size
cribs that are not new or who otherwise by
one's occupation holds oneself out as having
knowledge or skill peculiar to full-size cribs
or nonfull-size cribs, including child care
facilities and family child care homes; or
(ii) is in the business of contracting to
sell or resell, lease, sublet, or otherwise
placing in the stream of commerce full-size
cribs or nonfull-size cribs that are not new.
(2) Crib.--The term ``crib'' means a full-size crib or
nonfull-size crib.
(3) Full-size crib.--The term ``full-size crib'' means a
full-size baby crib as defined in section 1508.1 of title 16 of
the Code of Federal Regulations.
(4) Infant.--The term ``infant'' means any person less than
35 inches tall or less than 2 years of age.
(5) Nonfull-size crib.--The term ``nonfull-size crib''
means a nonfull-size baby crib as defined in section 1509.2(b)
of title 16 of the Code of Federal Regulations (including a
portable crib and a crib-pen described in paragraph (2) of
subsection (b) of that section).
SEC. 4. PROHIBITIONS.
(a) In General.--It shall be unlawful for any commercial user--
(1) to manufacture, sell, or contract to sell, any full-
size crib or nonfull-size crib that is unsafe for any infant
using it; or
(2) to sell, contract to sell or resell, lease, sublet, or
otherwise place in the stream of commerce, any full-size or
nonfull-size crib that is not new and that is unsafe for any
infant using the crib.
(b) Lodgings.--It shall be unlawful for any hotel, motel, or
similar transient lodging facility to offer or provide for use or
otherwise place in the stream of commerce, on or after the effective
date of this Act, any full-size crib or nonfull-size crib that is
unsafe for any infant using it.
SEC. 5. CRIB STANDARDS.
A crib shall be presumed to be unsafe under this Act if it does not
conform to all of the following:
(1) Part 1508 (commencing with section 1508.1) of title 16
of the Code of Federal Regulations.
(2) Part 1509 (commencing with section 1509.1) of title 16
of the Code of Federal Regulations.
(3) Part 1303 (commencing with section 1303.1) of title 16
of the Code of Federal Regulations.
(4) American Society for Testing Materials Voluntary
Standard F.406.
(5) American Society for Testing Materials Voluntary
Standards F966.
(6) American Society for Testing Materials Voluntary
Standards F1169.
(7) American Society for Testing Materials Voluntary
Standards F1822.
(8) Any regulations or standards that are adopted in order
to amend or supplement the regulations described in paragraphs
(1) through (7).
SEC. 6. EXCEPTIONS.
This Act shall not apply to a full-size crib or nonfull-size crib
that is not intended for use by an infant, including a toy or display
item, if at the time it is manufactured, made subject to a contract to
sell or resell, leased, subletted, or otherwise placed in the stream of
commerce, as applicable, it is accompanied by a notice to be furnished
by each commercial user declaring that the crib is not intended to be
used for an infant and is dangerous to use for an infant.
SEC. 7. ENFORCEMENT.
(a) Civil Penalty.--Any commercial user, hotel, motel, or similar
transient lodging facility that knowingly violates section 4 is subject
to a civil penalty not exceeding $1,000.
(b) Injunction.--Any person may bring an action in a district court
of the United States against any commercial user, hotel, motel, or
similar transient lodging facility to enjoin any act or omission that
violates section 4, and for reasonable attorneys fees and costs
incurred in bringing the action.
SEC. 8. REMEDIES.
Penalties or other remedies available under this Act are in
addition to any other fines, penalties, remedies, or procedures under
any other provision of law.
SEC. 9. EFFECTIVE DATE.
This Act shall become effective 90 days after the date of its
enactment. | Infant Crib Safety Act - Makes it unlawful for any commercial user to: (1) manufacture, sell, or contract to sell any full-size or nonfull-size crib which is unsafe for any infant; or (2) sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any such crib which is not new and is unsafe for any infant. Makes it unlawful for any lodging facility to offer or provide such an unsafe crib. Presumes as unsafe a crib which does not conform to specified standards in the Code of Federal Regulations and the American Society for Testing Materials Voluntary Standards, unless labeled as dangerous for an infant and not intended to be used for one.Authorizes a fine and injunction against violators of this Act. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Postal Services Act''.
SEC. 2. MODIFIED PROCEDURES.
(a) In General.--Section 404(d) of title 39, United States Code, is
amended by striking the matter before paragraph (5) and inserting the
following:
``(d)(1) Before making any determination under subsection (a)(3) to
close or consolidate a postal facility, the Postal Service shall
conduct an investigation to assess the need for the proposed closure or
consolidation and shall provide appropriate notice to the persons
served by such postal facility to ensure that such persons will have an
opportunity to present their views. Such notice shall be made to each
person by mail, as well as by publication in newspapers of general
circulation in the area within which such persons reside.
``(2) In deciding whether or not to close or consolidate a postal
facility, the Postal Service--
``(A) shall consider--
``(i) the effect such closing or consolidation
would have on the community served by such postal
facility;
``(ii) the effect such closing or consolidation
would have on employees of the Postal Service employed
at such postal facility; and
``(iii) whether such closing or consolidation would
be consistent with the policy of the Government, as
stated in section 101(b), that the Postal Service shall
provide a maximum degree of effective and regular
postal services to rural areas, communities, and small
towns where post offices are not self-sustaining; and
``(B) may not consider compliance with any provision of the
Occupational Safety and Health Act of 1970.
``(3)(A) A decision to proceed with the proposal to close or
consolidate, following an investigation under paragraph (1), shall be
made in writing and shall include the findings of the Postal Service
with respect to each of the considerations specified in paragraph
(2)(A).
``(B) Notice of the decision and findings under subparagraph (A)
shall be posted prominently in each postal facility that would be
affected, and notice of the posting shall be sent by mail to all
persons served by such postal facility, at least 90 days before a final
determination is made, to ensure that such persons will have an
opportunity to submit comments.
``(C) Any posting under subparagraph (B) shall include the
following: `This is notice of a proposal to _____ this postal facility.
A final determination will not be made before the end of the 90-day
period beginning on the date on which this notice is first posted.',
with the blank space being filled in with `close' or `consolidate'
(whichever is appropriate), and with instructions for how any
interested person may submit comments.
``(4) A final determination to close or consolidate a postal
facility shall be made, in writing, after taking into consideration any
comments received in the course of the 90-day period referred to in
paragraph (3). The Postal Service shall take no action to close or
consolidate a postal facility before the end of the 60-day period
beginning on the date as of which the Postal Service--
``(A) posts a copy of its final determination in a
prominent location in each affected postal facility; and
``(B) sends to all persons served by such postal facility--
``(i) a notice of such determination; and
``(ii) notice of any appeal rights available with
respect to such determination.''.
(b) Suspension Pending Appeal.--Section 404(d)(5) of title 39,
United States Code, is amended in the next to last sentence by striking
``may suspend'' and inserting ``shall suspend''.
(c) Exception.--Section 404(d) of title 39, United States Code, is
amended by adding at the end the following:
``(7) The preceding provisions of this subsection shall not apply
in the case of a closing or consolidation which occurs--
``(A) by reason of an emergency suspension, as defined
under regulations of the Postal Service; or
``(B) in the case of a leased facility, by reason of the
termination or cancellation of the lease by a party other than
the Postal Service.''.
SEC. 3. DEFINITIONS.
Section 404 of title 39, United States Code, is amended by adding
at the end the following:
``(f) For purposes of subsection (d)--
``(1) the term `postal facility' includes an office,
branch, station, or other facility which--
``(A) is operated by the Postal Service; and
``(B) provides services to persons described in
paragraph (2); and
``(2) any reference to the persons served by a postal
facility shall include any postal patrons receiving mail
delivery service from such postal facility, residents within
any ZIP code served by such postal facility, postal patrons
having post office boxes at such postal facility, and the
relevant local government officials (as defined under
regulations of the Postal Service).''. | Access to Postal Services Act - Modifies the procedures the U.S. Postal Service must follow in connection with the closing or consolidation of any postal facility, including: (1) requiring an assessment of the need for the closure or consolidation; (2) eliminating a requirement to consider the resulting Postal Service economic savings; (3) requiring a posting in each affected postal facility at least 90 days before the final decision is made; and (4) requiring (under current law, allowing) suspension of the determination pending an appeal to the Postal Regulatory Commission. Exempts emergency suspensions (as defined under Postal Service regulations) or lease termination or cancellation by a party other than the Postal Service.
Defines "postal facility," for the provisions amended by this Act, to include an office, branch, station, or other facility operated by the Postal Service. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Generation Act''.
SEC. 2. FINDINGS.
The Congress finds that it is in the public interest to:
(1) Enable small businesses, residences, schools, churches,
farms with small electric generation units, and other retail
electric customers who generate electric energy to return or
sell surplus electric energy on the open market.
(2) Promote diversification of energy resources used in the
United States to reduce over reliance on any one resource, and
to mitigate our nation's dependence on imported fuels.
(3) Encourage private investment and stimulate economic
growth in renewable and alternate energy resources.
(4) Remove regulatory barriers for net metering.
(5) Provide uniform, national technical standards for the
interconnection of distributed electricity generating
facilities.
SEC. 3. NET METERING.
Part II of the Federal Power Act is amended by adding the following
new section at the end thereof:
``SEC. 215. NET METERING.
``(a) Definitions.--As used in this section:
``(1) The term `customer-generator' means the owner or
operator of an electric generation unit qualified for net
metering under this section.
``(2) The term `net metering' means measuring the
difference between the electricity supplied to a customer-
generator and the electricity generated by a customer-generator
that is delivered to a local distribution section system at the
same point of interconnection during an applicable billing
period.
``(3) The terms `electric generation unit qualified for net
metering' and `qualified generation unit' mean an electric
energy generation unit that meets the requirements of paragraph
(5) and each of the following requirements:
``(A) The unit is a fuel cell or produces
electricity using solar, wind, biomass, or geothermal
as its energy source.
``(B) The unit on the site of a residential
electric consumer has a generating capacity of not more
than 100 kilowatts.
``(C) The unit on the site of a commercial electric
consumer has a generating capacity of not more than 250
kilowatts.
``(D) The unit is located on premises that are
owned, operated, leased, or otherwise controlled by the
customer-generator.
``(E) The unit operates in parallel with the retail
electric supplier.
``(4) The term `retail electric supplier' means any person
that sells electric energy to the ultimate consumer thereof.
``(5) The term `local distribution system' means any system
for the distribution section of electric energy to the ultimate
consumer thereof, whether or not the owner or operator of such
system is also a retail electric supplier.
``(6) The term `Commission' means the Federal Energy
Regulatory Commission.
``(b) Adoption.--Not later than one year after the enactment of
this section, each retail electric supplier shall comply with each of
the following requirements and notify all of its retail customers of
such requirements not less frequently than quarterly:
``(1) The supplier shall offer to arrange (either directly
or through a local distribution company or other third party)
to make available, on a first-come-first-served basis, to each
of its retail customers that has installed an energy generation
unit that is intended for net metering, and that notifies the
supplier of its generating capacity, an electric energy meter
that is capable of net metering if the customer-generator's
existing electrical meter cannot perform that function.
``(2) Rates and charges and contract terms and conditions
for the sale of electric energy to customer-generators shall be
the same as the rates and charges and contract terms and
conditions that would be applicable if the customer-generator
did not own or operate a qualified generation unit and use a
net metering system.
Any retail electric supplier or local distribution company may, at its
own expense, install one or more additional electric energy meters to
monitor the flow of electricity in either direction or to reflect the
time of generation or both.
``(c) Net Energy Measurement and Billing.--Each retail electric
supplier subject to subsection (b) shall calculate the net energy
measurement for a customer using a net metering system in the following
manner:
``(1) The retail electric supplier shall measure the net
electricity produced or consumed during the billing period
using the metering referred to in paragraph (1) or (2) of
subsection (b).
``(2) If the quantity of electricity supplied by a retail
electric suppler during a billing period exceeds the quantity
of electricity generated by an on-site generating facility and
fed back to the electric distribution system during the billing
period, the supplier may bill the owner or operator for the net
quantity of electricity supplied by the retail electric
supplier, in accordance with normal metering practices.
``(3) If the quantity of electricity generated by an on-
site generating facility during a billing period exceeds the
quantity of electricity supplied by the retail electric
supplier during the billing period--
``(A) the retail electric supplier may only bill
the owner or operator of the on-site generating
facility for charges that would be applicable if the
customer-generator did not own or operate a qualified
generation unit and use a net metering system.
``(B) the owner or operator of the on-site
generating facility shall be credited for the excess
kilowatt-hours generated during the billing period,
with the kilowatt-hour credit appearing on the bill
during the following billing period.
If the customer-generator is using a meter that reflects the
time of generation (a `real time meter' or `smart meter'), the
credit shall be based on the retail rates for sale by the
retail electric supplier at the time of such generation.
After a customer-generator has participated in a net-metering
arrangement with a retail electric supplier for at least one-
consecutive year, the customer-generator may request that any remaining
unused kilowatt-hour credits accumulated by a customer-generator during
the previous year be sold by the customer-generator to any electric
supplier that agrees to purchase such credit. In the absence of any
such purchase, the customer-generator may request that the retail
electric supplier that supplied electric energy to such customer-
generator during the previous year purchase the credit at the avoided
cost of electricity. If no action is requested by the customer-
generator, any credit earned by the customer-generator will continue to
accumulate.
``(d) Percent Limitations.--
``(1) Five percent limitation.--A local distribution
company retail electric supplier shall not be required to
provide local distribution service with respect to additional
customer-generators after the date during any calendar year on
which the total generating capacity of all customer-generators
with qualified generation facilities and net metering systems
served by that local distribution company is equal to or in
excess of 5 percent of the capacity necessary to meet the
company's average forecasted aggregate customer peak demand for
that calendar year.
``(2) Two and a half percent limitation.--A local
distribution company retail electric supplier shall not be
required to provide local distribution service with respect to
additional customer-generators using a single type of qualified
energy generation system after the date during any calendar
year on which the total generating capacity of all customer-
generators with qualified generation facilities of that type
and net metering systems served by that local distribution
company is equal to or in excess of 2.5 percent of the capacity
necessary to meet the company's average forecasted aggregate
customer peak demand for that calendar year.
``(3) Records and notice.--Each retail electric supplier
shall maintain, and make available to the public, records of
the total generating capacity of customer-generators of such
system that are using net metering, the type of generating
systems and energy source used by the electric generating
systems used by such customer-generators. Each such retail
electric supplier shall notify the Commission when the total
generating capacity of such customer-generators is equal to or
in excess of 2 percent of the capacity necessary to meet the
supplier's aggregate customer peak demand during the previous
calendar year and when the total generating capacity of such
customer-generators using a single type of qualified generation
is equal to or in excess of 1 percent of such capacity.
``(e) Safety and Performance Standards.--
``(1) A qualified generation unit and net metering system
used by a customer-generator shall meet all applicable safety
and performance and reliability standards established by the
national electrical code, the Institute of Electrical and
Electronics Engineers, Underwriters Laboratories, or the
American National Standards Institute.
``(2) The Commission, after consultation with State
regulatory authorities and nonregulated local distribution
systems and after notice and opportunity for comment, may adopt
by regulation additional control and testing requirements for
customer-generators that the Commission determines are
necessary to protect public safety and system reliability.
``(3) The Commission shall, after consultation with State
regulatory authorities and nonregulated local distribution
systems and after notice and opportunity for comment, prohibit
by regulation the imposition of additional charges by electric
suppliers and local distribution systems for equipment or
services for safety or performance that are additional to those
necessary to meet the standards referred to in subparagraphs
(A) and (B).
``(f) State Authority.--Nothing in this section shall preclude a
State from establishing or imposing additional incentives or
requirements to encourage qualified generation and net metering
additional to that required under this section.
``(g) Interconnection Standards.--
``(1) Within 6 months after the enactment of this section
the Commission shall publish model standards for the physical
connection between local distribution systems and qualified
generation units and electric generation units that would be
qualified generation units but for the fact that the unit has a
generating capacity of more than 100 kilowatts (but not more
than 250 kilowatts). Such model standards shall be designed to
encourage the use of qualified generation units and to insure
the safety and reliability of such units and the local
distribution systems interconnected with such units. Within 1
year after the enactment of this section, each State shall
adopt such model standards, with or without modification, and
submit such standards to the Commission for approval. The
Commission shall approve a modification of the model standards
only if the Commission determines that such modification is
consistent with the purpose of such standards and is required
by reason of local conditions. If standards have not been
approved under this paragraph by the Commission for any State
within 1 year after the enactment of this section, the
Commission shall, by rule or order, enforce the Commission's
model standards in such State until such time as State
standards are approved by the Commission.
``(2) The standards under this section shall establish such
measures for the safety and reliability of the affected
equipment and local distribution systems as may be appropriate.
Such standards shall be consistent with all applicable safety
and performance standards established by the national
electrical code, the Institute of Electrical and Electronics
Engineers, Underwriters Laboratories, or the American National
Standards Institute and with such additional safety and
reliability standards as the Commission shall, by rule,
prescribe. Such standards shall ensure that generation units
will automatically isolate themselves from the electrical
system in the event of an electrical power outage. Such
standards shall permit the owner or operator of the local
distribution system to interrupt or reduce deliveries of
available energy from the generation unit to the system when
necessary in order to construct, install, maintain, repair,
replace, remove, investigate, or inspect any of its equipment
or part of its system; or if it determines that curtailment,
interruption, or reduction is necessary because of emergencies,
forced outages, force majeure, or compliance with prudent
electrical practices.
``(3) The model standards under this subsection prohibit
the imposition of additional charges by local distribution
systems for equipment or services for interconnection that are
additional to those necessary to meet such standards.
``(h) Interconnection.--At the election of the owner or operator of
the generation unit concerned, connections meeting the standards
applicable under subsection (g) may be made--
``(1) by such owner or operator at such owner's or
operator's expense, or
``(2) by the owner or operator of the local distribution
system upon the request of the owner or operator of the
generating unit and pursuant to an offer by the owner or
operator of the generating unit to reimburse the local
distribution system in an amount equal to the minimum cost of
such connection, consistent with the procurement procedures of
the State in which the unit is located, except that the work on
all such connections shall be performed by qualified electrical
personnel certified by a responsible body or licensed by a
State or local government authority.
``(i) Consumer Friendly Contracts.--The Commission shall promulgate
regulations insuring that simplified contracts will be used for the
interconnection of electric energy by electric energy transmission or
distribution systems and generating facilities that have a power
production capacity not greater than 250 kilowatts.''. | Home Energy Generation Act - Mandates that retail electric suppliers offer to make an electric energy meter capable of net metering available to retail customers that have installed energy generation units intended for net metering if the customer-generator's existing electrical meter cannot perform that function.Prescribes guidelines for: (1) net energy measurement and billing; (2) safety and performance standards; (3) limitations upon the maximum local distribution services to additional customer-generators; and (4) interconnection standards.Directs the Federal Energy Regulatory Commission to promulgate regulations ensuring that simplified contracts will be used for the interconnection of electric energy by electric energy transmission or distribution systems and generating facilities that have a power production capacity not greater than 250 kilowatts. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lena Horne Recognition Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Lena Mary Calhoun Horne was born on June 30, 1917, in
Brooklyn, New York.
(2) At the age of 16, Lena Horne was hired as a dancer in
the chorus of Harlem's famous Cotton Club, where she was
introduced to such legendary jazz performers as Duke Ellington,
Cab Calloway, Count Basie, Ethel Waters, and Billie Holiday.
(3) In 1940, Lena Horne became one of the first African-
American women to perform with an all-White band when she
toured with Charlie Barnet's jazz band as its featured singer.
(4) Lena Horne was discovered by a Metro-Goldwyn-Mayer
(MGM) talent scout and became the first Black artist to sign a
long-term contract with a major studio.
(5) Despite her extraordinary beauty and talent, Lena Horne
was often limited to minor acting roles because of her race.
(6) Scenes in which she did sing were cut out when they
were sent to local distributors in the South and studio
executives cast Ava Gardner as Julie in the film version of
Show Boat instead of Lena Horne because they did not want it to
star a Black actress.
(7) However, Lena Horne dazzled audiences and critics in a
number of films, including Cabin in the Sky and Stormy Weather.
(8) During World War II, Lena Horne toured extensively with
the United Service Organizations (USO) on the West Coast and in
the South in support of the troops and expressed outrage about
the way Black soldiers were treated.
(9) She refused to sing for segregated audiences or to
groups in which German prisoners of war were seated in front of
African-American servicemen.
(10) During the period of McCarthyism in the 1950s, Lena
Horne was blacklisted as a communist for 7 years because of her
civil rights activism and friendship with Paul Robeson and
W.E.B. Du Bois.
(11) Although Lena Horne continued to face discrimination,
her musical and acting career flourished.
(12) In 1957, Lena Horne recorded Lena Horne at the
Waldorf-Astoria, which reached the Top 10 and became the best-
selling album by a female singer in RCA Victor's history.
(13) Lena Horne rose to international stardom and toured
the world, sharing the stage with such names as Count Basie,
Tony Bennett, Billy Eckstein, Vic Damone, and Harry Belafonte
and also starred in musical and television specials with such
giants as Judy Garland, Bing Crosby, and Frank Sinatra.
(14) Lena Horne used her fame to become a powerful voice
for civil rights and equality.
(15) In 1963, she participated in the historic March on
Washington for Jobs and Freedom, at which Dr. Martin Luther
King, Jr. delivered his immortal ``I Have a Dream'' speech.
(16) Lena Horne also performed at rallies throughout the
country for the National Council for Negro Women and worked
with the National Association for the Advancement of Colored
People (NAACP), of which she was a member since the age of 2,
the National Council of Negro Women, the Delta Sigma Theta
sorority, and the Urban League.
(17) Through the end of the 20th century, Lena Horne
continued to entertain large audiences of all ages and
backgrounds and appeared on numerous television shows,
including Sesame Street, Sanford and Son, The Muppet Show, The
Cosby Show, and A Different World.
(18) In 1978, she was in the film adaption of The Wiz.
(19) In 1981, Ms. Horne captivated audiences with her one-
woman Broadway show, Lena Horne: The Lady and Her Music, which
enjoyed a 14-month run before going on tour and earned her a
special Tony and two Grammy awards.
(20) In 2002, 73 years after the Academy Awards were first
awarded, Halle Berry became the first Black woman to win an
Oscar for Best Actress and recognized in her acceptance speech
how Lena Horne paved the way for her and other Black actresses.
(21) Lena Horne passed away in New York City on May 9,
2010, at the age of 92.
(22) Lena Horne was an entertainer, activist, and mother
who used her beauty, talent, and intelligence to fight racial
discrimination and injustice and rise to international stardom.
(23) A symbol of elegance and grace, she entertained people
of all walks of life for over 60 years and broke barriers for
future generations.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
the Congress, of a gold medal of appropriate design in commemoration of
Lena Horne in recognition of her achievements and contributions to
American culture and the civil rights movement.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund.
Passed the House of Representatives April 17, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Lena Horne Recognition Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Conduct Reform Act of
1997''.
SEC. 2. REFORM OF JUDICIAL DISCIPLINE SYSTEM.
(a) Creation of Judicial Conduct Board and Court of Judicial
Discipline.--
(1) In general.--Chapter 17 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 378. Judicial Conduct Board
``(a) Establishment and Composition.--There is established in the
judicial branch a Judicial Conduct Board (hereafter in this section
referred to as the `Board').
``(b) Functions.--The Board shall perform the functions vested in
it under section 372(c).
``(c) Composition and Terms.--
``(1) Composition.--The Board shall be composed of 12
members as follows:
``(A) 3 judges, other than senior judges, as
follows:
``(i) 1 circuit judge, and 1 bankruptcy
judge or magistrate judge, each of whom shall
be appointed by the Chief Justice.
``(ii) 1 district judge who shall be
appointed by the President.
``(B) 3 members of the bar of the Supreme Court,
other than justices or judges, 2 of whom shall be
appointed by the Chief Justice, and 1 of whom shall be
appointed by the President.
``(C) 6 persons, other than lawyers, 3 of whom
shall be appointed by the Chief Justice, and 3 of whom
shall be appointed by the President.
``(2) Terms.--The members of the Board shall serve for
terms of 4 years, except that of the members first appointed--
``(A) 1 member appointed by the Chief Justice and 2
members appointed by the President shall each be
appointed for a term of 1 year,
``(B) 2 members appointed by the Chief Justice and
1 member appointed by the President shall each be
appointed for a term of 2 years, and
``(C) 1 member appointed by the Chief Justice and 2
members appointed by the President shall each be
appointed for a term of 3 years,
as designated at the time of their appointment.
``(3) Conditions.--Membership of a judge on the Board shall
terminate if the member ceases to hold the judicial position
that qualified the member for the appointment. Membership on
the Board shall terminate if the member attains a position that
would have rendered the member ineligible for appointment at
the time of appointment. A vacancy on the Board shall be filled
in the manner in which the original appointment was made. No
member of the Board may serve for more than 4 consecutive years
but may be reappointed after a lapse of 1 year. No member of
the Board may serve on the Court of Judicial Discipline at the
same time.
``(d) Meetings.--The President shall convene the first meeting of
the Board. At that meeting and annually thereafter, the Board shall
elect a chairperson. The Board shall act only with the concurrence of a
majority of its members.
``(e) Compensation.--
``(1) Basic pay.--
``(A) Rates of pay.--Except as provided in
subparagraph (B), members of the Board shall each be
entitled to receive the daily equivalent of the annual
rate of basic pay payable for level IV of the Executive
Schedule for each day (including travel time) during
which they are engaged in the actual performance of
duties vested in the Board.
``(B) Prohibition of compensation of federal
employees.--Members of the Board who are full-time
officers or employees of the United States may not receive additional
pay, allowances, or benefits by reason of their service on the Board.
``(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5.
``(f) Personnel.--The Board may appoint such personnel as may be
necessary to carry out its functions.
``(g) Administrative Services.--The Director of the Administrative
Office of the United States Courts shall provide to the Board such
administrative services as the Board requires to carry out its
functions.
``Sec. 379. Court of Judicial Discipline
``(a) Establishment and Composition.--There is established a Court
of Judicial Discipline (hereafter in this section referred to as the
`Court').
``(b) Functions.--The Court shall perform the functions vested in
it under section 372(c). The Court shall prescribe rules for the
conduct of its proceedings.
``(c) Composition and Terms.--
``(1) Composition.--The Court shall be composed of 8
members as follows:
``(A) 4 judges, other than senior judges, as
follows:
``(i) 1 circuit judge and 1 bankruptcy
judge, each of whom shall be appointed by the
Chief Justice.
``(ii) 1 district judge and 1 magistrate
judge, each of whom shall be appointed by the
President.
``(B) 2 members of the bar of the Supreme Court,
other than justices or judges, 1 of whom shall be
appointed by the Chief Justice, and 1 of whom shall be
appointed by the President.
``(C) 2 persons, other than lawyers, 1 of whom
shall be appointed by the Chief Justice, and 1 of whom
shall be appointed by the President.
``(2) Terms.--The members of the Court shall serve for
terms of 4 years, except that of the members first appointed--
``(A) 1 member appointed by the Chief Justice and 1
member appointed by the President shall be appointed
for a term of 1 year,
``(B) 1 member appointed by the Chief Justice and 1
member appointed by the President shall be appointed
for a term of 2 years, and
``(C) 1 member appointed by the Chief Justice and 1
member appointed by the President shall be appointed
for a term of 3 years,
as designated at the time of their appointment.
``(3) Conditions.--Membership of a judge on the Court shall
terminate if the member ceases to hold the judicial position
that qualified the member for the appointment. Membership on
the Court shall terminate if the member attains a position that
would have rendered the member ineligible for appointment at
the time of appointment. A vacancy on the Court shall be filled
in the manner in which the original appointment was made. No
member of the Court may serve for more than 4 consecutive years
but may be reappointed after a lapse of 1 year. No member of
the Court may serve on the Judicial Conduct Board at the same
time.
``(d) Compensation.--
``(1) Basic pay.--
``(A) Rates of pay.--Except as provided in
subparagraph (B), members of the Court shall each be
entitled to receive the daily equivalent of the annual
rate of basic pay payable for level IV of the Executive
Schedule for each day (including travel time) during
which they are engaged in the actual performance of
duties vested in the Court.
``(B) Prohibition of compensation of federal
employees.--Members of the Court who are full-time
officers or employees of the United States may not
receive additional pay, allowances, or benefits by
reason of their service on the Court.
``(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5.
``(f) Personnel.--The Court may appoint such personnel as may be
necessary to carry out its functions.
``(g) Administrative Services.--The Director of the Administrative
Office of the United States Courts shall provide to the Court such
administrative services as the Court requires to carry out its
functions.''.
(2) Conforming amendment.--The table of sections for
chapter 17 of title 28, United States Code, is amended by
adding at the end the following new items:
``378. Judicial Conduct Board.
``379. Court of Judicial Discipline.''.
(b) Judicial Discipline Procedure.--(1) Subsection (c) of section
372 of title 28, United States Code, is amended to read as follows:
``(c)(1) Any person alleging that a circuit, district, bankruptcy,
or magistrate judge, or a judge of the Court of Federal Claims or of
the Court of International Trade has engaged in conduct prejudicial to
the effective and efficient administration of the business of the
courts, or alleging that such a judge is unable to discharge all the
duties of the office by reason of mental or physical disability, may
file with the Judicial Conduct Board established in section 378
(hereafter in this subsection referred to as the `Board') a written
complaint containing a brief statement of the facts constituting such
conduct. The Board may, on the basis of information available to the
Board, initiate a complaint for purposes of this subsection. The Board
shall promptly transmit a copy of the complaint to the judge whose
conduct is the subject of the complaint.
``(2) The Board shall conduct an investigation of the charges in
each complaint and determine whether there is probable cause to file
formal charges against the judge whose conduct is the subject of the
complaint. If the Board finds probable cause, the Board shall present
the case in support of the charges with the Court of Judicial
Discipline established in section 379 (hereafter in this subsection
referred to as the `Court'). If the Board does not find probable cause,
the Board shall dismiss the complaint. The Board shall promptly notify
the judge whose conduct is the subject of the complaint of the Board's
action on the complaint.
``(3) In carrying out its functions, the Board may issue subpoenas
to compel testimony under oath of witnesses, including the judge who is
the subject of the investigation, and to compel the production of
documents, books, accounts, and other records relevant to the
investigation.
``(4) Complaints filed with the Board or initiated by the Board
shall be confidential. Statements, testimony, documents, records, or
other information or evidence acquired by the Board shall be
confidential. The Board shall apprise the judge whose conduct is the
subject of a complaint of the nature and content of the complaint.
``(5) The Board shall prescribe rules for the conduct of
proceedings under this subsection as it considers appropriate,
including the processing of petitions for review. Such rules shall
contain provisions requiring that--
``(A) the judge whose conduct is the subject of the
complaint be afforded an opportunity to appear (in person or by
counsel) at proceedings conducted by the Board, to present oral
and documentary evidence, to compel the attendance of witnesses
or the production of documents, to cross-examine witnesses, and
to present argument orally or in writing; and
``(B) the complainant be afforded an opportunity to appear
at proceedings conducted by the Board, if the Board concludes
that the complainant could offer substantial information.
``(6) The Board shall issue a report on its determination on each
complaint under this subsection, together with a description of its
investigation.
``(7) Upon the filing with the Court by the Board of formal charges
against a judge, the Court shall promptly schedule a hearing or
hearings to determine whether a sanction should be imposed on the judge
under this subsection. Formal charges filed with the Court shall be
available to the public. All hearings conducted by the Court shall be
public proceedings conducted pursuant to the rules adopted by the Court
and in accordance with the principles of due process and the rules of
evidence. Parties appearing before the Court shall have a right to
discovery pursuant to the rules adopted by the Court and shall have the
right to subpoena witnesses and to compel the production of documents,
accounts, records, and other records that are relevant to the
proceedings. The Board shall have the burden of proving the charges by
clear and convincing evidence. All decisions of the Court shall be in
writing and shall contain findings of fact and conclusions of law.
``(8) A decision of the Court may order such action to be taken
with respect to the judge whose conduct is the subject of the Court
proceedings as is appropriate to assure the effective and expeditious
administration of the business of the courts, including, but not
limited to, the following:
``(A) In the case of a magistrate judge, directing the
chief judge of the district of the magistrate judge to take
such action as the Court considers appropriate.
``(B) In the case of a judge appointed to hold office
during good behavior, certifying disability of the judge
pursuant to the procedures and standards provided under
subsection (b) of this section.
``(C) Requesting that any such judge appointed to hold
office during good behavior voluntarily retire, with the
provision that the length of service requirements under section
371 do not apply.
``(D) In the case of a judge other than a judge appointed
to hold office during good behavior, ordering that, on a
temporary basis for a time certain, no further cases be
assigned to that judge.
``(E) Censuring or reprimanding the judge by means of
private communication or public pronouncement.
``(F) Ordering such other action as the Court considers
appropriate under the circumstances, except that under no
circumstances may the Court order the removal of a judge
appointed to hold office during good behavior.
Each decision of the Court shall be made available to the public.
``(9) A judge who is the subject of proceedings under this
subsection who is adversely affected by an order of the Court shall
have the right to appeal that order to the Supreme Court of the United
States. On appeal, the Supreme Court may set aside the order of the
Court only if--
``(A) the order is not in accordance with law;
``(B) the findings of fact are clearly erroneous; or
``(C) any sanction imposed by the order is unlawful.
``(10) An order of the Court that dismisses a complaint against a
judge may be appealed by the Board to the Supreme Court, but the appeal
shall be limited to questions of law.
``(11) In any case in which the Court determines, on the basis of a
complaint and any investigation under this subsection, or on the basis
of information otherwise available to the Court, that a judge appointed
to hold office during good behavior may have engaged in conduct which
might constitute 1 or more grounds for impeachment, the Court shall so
certify and transmit the determination and the record of proceedings to
the House of Representatives for whatever action the House of
Representatives considers to be necessary. Upon receipt of the
determination in the House of Representatives, the Clerk of the House
of Representatives shall make the determination available to the
public.
``(12) No judge whose conduct is the subject of an investigation or
proceeding under this subsection shall serve on the Board, on the
Court, on a judicial council, or on the Judicial Conference established
under section 331 of this title, until all related proceedings under
this subsection have been finally terminated.
``(13) No person shall be granted the right to intervene as amicus
curiae in any proceeding before the Board or the Court under this
subsection.
``(14) Upon the request of a judge whose conduct is the subject of
a complaint under this subsection, the Board may, if it dismisses the
complaint, recommend that the Director of the Administrative Office of
the United States Courts award reimbursement, from the funds
appropriated to the Federal Judiciary, for those reasonable expenses,
including attorneys' fees, incurred by that judge during the
investigation which would not have been incurred but for the
requirements of this subsection.''.
SEC. 3. CONFORMING AMENDMENT.
Section 331 of title 28, United States Code, is amended in the
fourth paragraph by striking ``The Conference is authorized to exercise
the authority provided in section 372(c)'' and all that follows through
the end of the paragraph. | Judicial Conduct Reform Act of 1997 - Establishes in the judicial branch: (1) a Judicial Conduct Board; and (2) a Court of Judicial Discipline. Sets forth provisions regarding functions, composition and terms, termination, compensation, personnel, and administrative services.
Revises Federal judicial code provisions regarding judicial discipline to authorize any person alleging that a circuit, district, bankruptcy, or magistrate judge or a judge of the Court of Federal Claims or of the Court of International Trade has engaged in conduct prejudicial to the effective and efficient administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of the office by reason of mental or physical disability, to file with the Board a written complaint containing a brief statement of the facts constituting such conduct.
Sets forth provisions regarding: (1) investigations, the conduct of proceedings (including confidentiality of information or evidence acquired), and the filing of formal charges against a judge by the Board; (2) Court hearings, decisions and sanctions, and certifications of grounds for impeachment; (3) appeals of Court decision; and (4) reimbursement for reasonable expenses, including attorney's fees, incurred by a judge following dismissal of a complaint. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Credit Card Abuse
Prevention Act of 2006''.
SEC. 2. MANAGEMENT OF PURCHASE CARDS.
(a) Required Safeguards and Internal Controls.--The head of each
executive agency that issues and uses purchase cards and convenience
checks shall establish and maintain safeguards and internal controls to
ensure the following:
(1) That there is a record in each executive agency of each
holder of a purchase card issued by the agency for official
use, annotated with the limitations on single transaction and
total credit amounts that are applicable to the use of each
such card by that purchase cardholder.
(2) That each purchase card holder is assigned an approving
official other than the card holder with the authority to
approve or disapprove expenditures.
(3) That the holder of a purchase card and each official
with authority to authorize expenditures charged to the
purchase card are responsible for--
(A) reconciling the charges appearing on each
statement of account for that purchase card with
receipts and other supporting documentation; and
(B) forwarding such reconciliation to the
designated official who certifies the bill for payment
in a timely manner.
(4) That any disputed purchase card charge, and any
discrepancy between a receipt and other supporting
documentation and the purchase card statement of account, is
resolved in the manner prescribed in the applicable
Governmentwide purchase card contract entered into by the
Administrator of General Services.
(5) That payments on purchase card accounts are made
promptly within prescribed deadlines to avoid interest
penalties.
(6) That rebates and refunds based on prompt payment on
purchase card accounts are monitored for accuracy and properly
recorded as a receipt to the agency that pays the monthly bill.
(7) That records of each purchase card transaction
(including records on associated contracts, reports, accounts,
and invoices) are retained in accordance with standard
Government policies on the disposition of records.
(8) That periodic reviews are performed to determine
whether each purchase cardholder has a need for the purchase
card.
(9) That appropriate training is provided to each purchase
cardholder and each official with responsibility for overseeing
the use of purchase cards issued by an executive agency.
(10) That the executive agency has specific policies
regarding the number of purchase cards issued by various
organizations and categories of organizations, the credit
limits authorized for various categories of cardholders, and
categories of employees eligible to be issued purchase cards,
and that those policies are designed to minimize the financial
risk to the Federal Government of the issuance of the purchase
cards and to ensure the integrity of purchase cardholders.
(11) That the executive agency utilizes technologies to
prevent or identify fraudulent purchases, including controlling
merchant codes and utilizing statistical machine learning and
pattern recognition technologies that review the risk of every
transaction.
(12) That the executive agency invalidates the purchase
card of each employee who--
(A) ceases to be employed by the agency immediately
upon termination of the employment of the employee; or
(B) transfers to another unit of the agency
immediately upon the transfer of the employee.
(13) That the executive agency takes steps to recover the
cost of any improper or fraudulent purchase made by an
employee, including, as necessary, through salary offsets.
(b) Management of Purchase Cards.--The head of each executive
agency shall prescribe regulations implementing the safeguards and
internal controls in subsection (a). The regulations shall be
consistent with regulations that apply Governmentwide regarding the use
of purchase cards by Government personnel for official purposes.
(c) Penalties for Violations.--The regulations prescribed under
subsection (b) shall provide for appropriate adverse personnel actions
or other punishment to be imposed in cases in which employees of an
executive agency violate such regulations or are negligent or engage in
misuse, abuse, or fraud with respect to a purchase card, including
imposition of the following penalties:
(1) In the case of an employee who is suspected by the
executive agency to have engaged in fraud, referral of the case
to the United States Attorney with jurisdiction over the
matter.
(2) In the case of an employee who is found guilty of fraud
or found by the executive agency to have egregiously abused a
purchase card, dismissal of the employee.
(d) Risk Assessments and Audits.--The Inspector General of each
executive agency shall--
(1) periodically conduct risk assessments of the agency
purchase card program and associated internal controls and
analyze identified weaknesses and the frequency of improper
activity in order to develop a plan for using such risk
assessments to determine the scope, frequency, and number of
periodic audits of purchase cardholders;
(2) perform periodic audits of purchase cardholders
designed to identify--
(A) potentially fraudulent, improper, and abusive
uses of purchase cards;
(B) any patterns of improper cardholder
transactions, such as purchases of prohibited items;
and
(C) categories of purchases that should be made by
means other than purchase cards in order to better
aggregate purchases and obtain lower prices;
(3) report to the head of the executive agency concerned on
the results of such audits; and
(4) report to the Director of the Office of Management and
Budget and the Comptroller General on the implementation of
recommendations made to the head of the executive agency to
address findings during audits of purchase cardholders.
(e) Definition of Executive Agency.--In this section, the term
``executive agency'' has the meaning given such term in section 4(1) of
the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
(f) Relationship to Department of Defense Purchase Card
Regulations.--
(1) Except as provided under paragraph (2), the
requirements under this section shall not apply to the
Department of Defense.
(2) Section 2784(b) of title 10, United States Code, is
amended--
(A) in paragraph (8), by striking ``periodic
audits'' and all that follows through the period at the
end and inserting ``risk assessments of the agency
purchase card program and associated internal controls
and analyze identified weaknesses and the frequency of
improper activity in order to develop a plan for using
such risk assessments to determine the scope,
frequency, and number of periodic audits of purchase
cardholders.''; and
(B) by adding at the end the following new
paragraphs:
``(11) That the Department of Defense utilizes technologies
to prevent or identify fraudulent purchases, including
controlling merchant codes and utilizing statistical machine
learning and pattern recognition technologies that review the
risk of every transaction.
``(12) That the Secretary of Defense--
``(A) invalidates the purchase card of each
employee who ceases to be employed by the Department of
Defense immediately upon termination of the employment
of the employee; and
``(B) invalidates the purchase card of each
employee who transfers to another agency or subunit
within the Department of Defense immediately upon such
transfer.''.
SEC. 3. MANAGEMENT OF TRAVEL CARDS.
Section 2 of the Travel and Transportation Reform Act of 1998
(Public Law 105-264; 5 U.S.C. 5701 note) is amended by adding at the
end the following new subsection:
``(h) Management of Travel Charge Cards.--
``(1) Required safeguards and internal controls.--The head
of each executive agency that has employees that use travel
charge cards shall establish and maintain safeguards and
internal controls over travel charge cards to ensure the
following:
``(A) That there is a record in each executive
agency of each holder of a travel charge card issued by
the agency for official use, annotated with the
limitations on amounts that are applicable to the use
of each such card by that travel charge cardholder.
``(B) That rebates and refunds based on prompt
payment on travel charge card accounts are properly
recorded as a receipt of the agency that employs the
cardholder.
``(C) That periodic reviews are performed to
determine whether each travel charge cardholder has a
need for the travel charge card.
``(D) That appropriate training is provided to each
travel charge cardholder and each official with
responsibility for overseeing the use of travel charge
cards issued by an executive agency.
``(E) That each executive agency has specific
policies regarding the number of travel charge cards
issued by various organizations and categories of
organizations, the credit limits authorized for various
categories of cardholders, and categories of employees
eligible to be issued travel charge cards, and that
those policies are designed to minimize the financial
risk to the Federal Government of the issuance of the
travel charge cards and to ensure the integrity of
travel charge cardholders.
``(F) That the head of each executive agency
negotiates with the holder of the applicable travel
card contract, or a third party provider of credit
evaluations if such provider offers more favorable
terms, to evaluate the creditworthiness of an
individual before issuing the individual a travel
charge card, and that no individual be issued a travel
charge card if the individual is found not creditworthy
as a result of the evaluation (except that this
paragraph shall not preclude issuance of a restricted
use travel charge card when the individual lacks a
credit history or the issuance of a pre-paid card when
the individual has a credit score below the minimum
credit score established by the agency). Each executive
agency shall establish a minimum credit score for
determining the creditworthiness of an individual based
on rigorous statistical analysis of the population of
cardholders and historical behaviors. Notwithstanding
any other provision of law, such evaluation shall
include an assessment of an individual's consumer
report from a consumer reporting agency as those terms
are defined in section 603 of the Fair Credit Reporting
Act. The obtaining of a consumer report under this
subsection is deemed to be a circumstance or purpose
authorized or listed under section 604 of the Fair
Credit Reporting Act.
``(G) That each executive agency utilizes
technologies to prevent or identify fraudulent
purchases, including controlling merchant codes and
utilizing statistical machine learning and pattern
recognition technologies that review the risk of every
transaction.
``(H) That each executive agency ensures that the
travel charge card of each employee who ceases to be
employed by the agency is invalidated immediately upon
termination of the employment of the employee.
``(I) That each executive agency utilizes mandatory
split disbursements for travel card purchases.
``(2) Regulations.--The Administrator of General Services
shall prescribe regulations governing the implementation of the
safeguards and internal controls in paragraph (1) by executive
agencies.
``(3) Penalties for violations.--The regulations prescribed
under paragraph (2) shall provide for appropriate adverse
personnel actions or other punishment to be imposed in cases in
which employees of an executive agency violate such regulations
or are negligent or engage in misuse, abuse, or fraud with
respect to a travel charge card, including removal in
appropriate cases.
``(4) Inspector general requirements.--The Inspector
General of each executive agency shall--
``(A) periodically conduct risk assessments of the
agency travel card program and associated internal
controls and analyze identified weaknesses and the
frequency of improper activity in order to develop a
plan for using such risk assessments to determine the
scope, frequency, and number of periodic audits of
purchase cardholders;
``(B) perform periodic audits of travel cardholders
designed to identify potentially fraudulent, improper,
and abusive uses of travel cards;
``(C) report to the head of the executive agency
concerned on the results of such audits; and
``(D) report to the Director of the Office of
Management and Budget and the Comptroller General on
the implementation of recommendations made to the head
of the executive agency to address findings during
audits of travel cardholders.
``(5) Definitions.--In this subsection:
``(A) The term `executive agency' means an agency
as that term is defined in section 5701 of title 5,
United States Code, except that it is in the executive
branch.
``(B) The term `travel charge card' means the
Federal contractor-issued travel charge card that is
individually billed to each cardholder.''.
SEC. 4. MANAGEMENT OF CENTRALLY BILLED ACCOUNTS.
The head of an executive agency that has employees who use a
centrally billed account shall establish and maintain safeguards and
internal controls to ensure the following:
(1) That items submitted on an employee's travel voucher
are compared with items paid for using a centrally billed
account to ensure that an employee is not reimbursed for an
item already paid for through a centrally billed account.
(2) That the executive agency submits requests for refunds
for unauthorized purchases to the holder of the applicable
contract for a centrally billed account.
(3) That the executive agency submits requests for refunds
for fully or partially unused tickets to the holder of the
applicable contract for a centrally billed account.
SEC. 5. REGULATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act--
(1) the head of each executive agency shall promulgate
regulations to implement the requirements of sections 2 and 4;
and
(2) the Administrator of General Services shall promulgate
regulations required pursuant to the amendments made by section
3.
(b) Best Practices.--Regulations promulgated under this section
shall reflect best practices for conducting purchase card and travel
card programs. | Government Credit Card Abuse Prevention Act of 2006 - Directs each executive agency (with separate Department of Defense (DOD) requirements) and amends the Travel and Transportation Reform Act of 1998 to require specified credit card and convenience card controls and safeguards, including risk assessment analyses, audits, and the reporting of such analyses and audits. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extending Status Protection for
Eligible Refugees with Established Residency Act of 2017'' or as the
``ESPERER Act of 2017''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN FOREIGN NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)), the status
of any alien described in subsection (b) shall be adjusted by
the Secretary of Homeland Security to that of an alien lawfully
admitted for permanent residence, if the alien--
(A) applies for such adjustment before January 1,
2021;
(B) is not inadmissible under paragraph (1), (2),
(3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or
(10)(D) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a));
(C) is not deportable under paragraph (1)(E),
(1)(G), (2), (4), (5), or (6) of section 237(a) of such
Act (8 U.S.C. 1227(a));
(D) has not ordered, incited, assisted, or
otherwise participated in the persecution of any person
on account of race, religion, nationality, membership
in a particular social group, or political opinion; and
(E) has not been convicted of--
(i) any offense under Federal or State law
punishable by a maximum term of imprisonment of
more than 1 year; or
(ii) three or more offenses under Federal
or State law, for which the alien was convicted
on different dates for each of the 3 offenses
and sentenced to imprisonment for an aggregate
of 90 days or more.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
removed, or ordered to depart voluntarily, from the United
States under any provision of the Immigration and Nationality
Act may, notwithstanding such order, apply for adjustment of
status under paragraph (1). Such an alien may not be required,
as a condition on submitting or granting such application, to
file a motion to reopen, reconsider, or vacate such order. If
the Secretary of Homeland Security grants the application, the
Secretary of Homeland Security shall cancel the order. If the
Secretary of Homeland Security renders a final administrative
decision to deny the application, the order shall be effective
and enforceable to the same extent as if the application had
not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien--
(1) who is a national of Haiti, Nicaragua, El Salvador, or
Honduras;
(2) who is in temporary protected status under section 244
of the Immigration and Nationality Act (8 U.S.C. 1254a)--
(A) on January 13, 2011; and
(B) on the date of the application for adjustment
of status under this Act is filed;
(3) who was physically present in the United States on
January 12, 2011; and
(4) who has been physically present in the United States
for at least 1 year and is physically present in the United
States on the date the application for adjustment of status
under this Act is filed, except an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in the aggregate not exceeding 180 days.
(c) Stay of Removal.--
(1) In general.--The Secretary of Homeland Security shall
provide by regulation for an alien subject to a final order of
removal to seek a stay of such order based on the filing of an
application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), the Secretary of Homeland Security shall not order
any alien to be removed from the United States, if the alien is
in removal proceedings under any provision of such Act and
raises as a defense to such an order the eligibility of the
alien to apply for adjustment of status under subsection (a),
except where the Secretary of Homeland Security has rendered a
final administrative determination to deny the application.
(3) Work authorization.--The Secretary of Homeland Security
may authorize an alien who has applied for adjustment of status
under subsection (a) to engage in employment in the United
States during the pendency of such application and may provide
the alien with a ``work authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Secretary of
Homeland Security shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)), the status
of an alien shall be adjusted by the Secretary of Homeland
Security to that of an alien lawfully admitted for permanent
residence, if--
(A) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for at
least 1 year;
(B) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(C) the alien is otherwise eligible to receive an
immigrant visa and is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for
exclusion specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in the aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security as to whether the status of any alien
should be adjusted under this Act is final and shall not be subject to
review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this Act, the Secretary of State shall not reduce
the number of immigrant visas authorized to be issued under any
provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this Act. Nothing contained in this Act
shall be held to repeal, amend, alter, modify, effect, or restrict the
powers, duties, functions, or authority of the Secretary of Homeland
Security in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible. | Extending Status Protection for Eligible Refugees with Established Residency Act of 2017 or the ESPERER Act of 2017 This bill permits a qualifying national of Haiti, Nicaragua, El Salvador, or Honduras who is in temporary protected status (TPS) to apply for adjustment to lawful permanent resident status before January 1, 2021. TPS designation permits eligible nationals of designated countries affected by armed conflict or natural disasters to temporarily reside and work in the United States. The spouse, child, or unmarried son or daughter of an alien who has adjusted to lawful permanent resident status may also adjust to such status subject to certain conditions. An alien subject to a final order of removal may seek a stay of such order based on the filing of an application for status adjustment. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America From Terrorist
Entries Act'' or the ``SAFTE Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) United States border security agencies are presently
overwhelmed with more than 400 million visits across our
borders each year and safeguards need to be put in place to
make our borders more secure.
(2) Current border entry and exit systems are woefully
inadequate and the provisions included in the USA PATRIOT Act
will greatly enhance the Nation's border security so that
Americans know with greater certainty who is entering and
exiting the United States.
(3) Most of the nineteen terrorists who hijacked planes and
attacked the United States on September 11, 2001, are believed
to have entered the United States with approved visas and had
not been identified by the Immigration and Naturalization
Service as being in violation of the terms of their visa.
(4) Afghanistan harbors terrorist organizations and is host
to Osama bin Laden and his al Qaeda terrorist network.
(5) Terrorist organizations are operating in Algeria,
Lebanon, Somalia, and the United Arab Emirates, and their
members pose a threat to the people of the United States.
(6) Terrorist organizations continue to secretly operate in
Egypt and six of the individuals on the Federal Bureau of
Investigation's most wanted terrorists list are Egyptians
wanted in connection with attacks on the United States.
(7) An Egyptian, Mohamed Atta, believed to be the organizer
of the September 11, 2001, attacks, was able to enter and exit
the United States several times prior to the attacks despite
being on our Nation's terrorist watch list.
(8) Nearly half of the nineteen terrorists who hijacked
planes on September 11, 2001, were citizens of Saudi Arabia and
entered the United States on approved visas.
(9) Most of the suspects in the June 25, 1996, bombing on
United States Air Force Khobar Towers barracks at Dhahran Air
Base in Saudi Arabia are citizens of Saudi Arabia.
(10) The United States Department of State has designated
Yemen a haven for terrorists and operatives of Osama bin Laden
operating in Yemen were responsible for the 1999 attack on the
USS Cole which killed 17 and injured 39 United States sailors.
SEC. 3. TEMPORARY MORATORIUM ON THE ISSUANCE OF CERTAIN ALIEN IMMIGRANT
AND NONIMMIGRANT VISAS.
(a) Terms of Moratorium.--
(1) In general.--Subject to the provisions of this section
and notwithstanding any other provision of law, during the
moratorium period no immigrant or nonimmigrant visa for
admission to the United States may be issued to an alien--
(A) who is a citizen or national of any country
listed under paragraph (2); or
(B) was a citizen or national of any country listed
under paragraph (2) within 15 years of the date of
application for a visa.
(2) Countries.--
(A) The provisions of this section shall apply with
respect to the following countries:
(i) Afghanistan.
(ii) Algeria.
(iii) Egypt.
(iv) Lebanon.
(v) Saudi Arabia.
(vi) Somalia.
(vii) United Arab Emirates.
(viii) Yemen.
(ix) Any country designated as a state
sponsor of terrorism.
(B) For purposes of this section, the term ``state
sponsor of terrorism'' means a country the government
of which the Secretary of State has determined, under
section 620A(a) of the Foreign Assistance Act of 1961,
section 6(j)(1) of the Export Administration Act of
1979, or section 40(d) of the Arms Export Control Act,
to have repeatedly provided support for acts of
international terrorism.
(3) Limitation.--Paragraph (1) shall not apply to any
diplomatic visa.
(4) Multiple citizenship.--
(A) In general.--Paragraph (1) shall apply to any
alien who is described in such paragraph
notwithstanding that the alien is, or was during the
relevant period, simultaneously a citizen or national
of a country that is not listed under paragraph (2).
(B) Visa waiver program shall not apply.--Any alien
who is described in paragraph (1) shall be ineligible
for a waiver under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187), regardless of whether
the alien is a national of, or presents a passport
issued by, a country described in subsection (a)(2) of
such section.
(b) Period of Moratorium.--The moratorium period referred to in
subsection (a) shall begin 5 days after the date of the enactment of
this Act and shall terminate 30 days after the certification under
subsection (c).
(c) Certification by Attorney General.--The certification referred
to in subsection (b) is a certification by the Attorney General to the
Congress that--
(1) subsections (b) and (c) of section 403 of Public Law
107-56 have been fully implemented; and
(2) a system is in place that requires that all visas
issues to aliens who are subject to the moratorium contain
biometric data, are tamper-proof, and are machine-readable.
(d) Exceptions Granted by Attorney General.--The Attorney General
may waive the limitations of subsection (a) in the case of any alien if
the Attorney General determines that the admission to the United States
of such alien is in the national interest of the United States or in
the interest of family unity and if the refusal of admission of such
alien would result in exceptional and extremely unusual hardship to the
alien's spouse, parent, or child, who is a citizen of the United States
or an alien lawfully admitted for permanent residence.
SEC. 4. EXPANSION OF TERRORIST ACTIVITIES FOR PURPOSES OF DEPORTATION.
(a) Amendment to INA.--Section 237(a)(4)(B) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``as
defined in section 212(a)(3)(B)(iii))'' and inserting ``as described
under section 212(a)(3)(B))''.
(b) Retroactive Application of Amendment.--The amendments made by
this section shall take effect on the date of the enactment of this Act
and shall apply to--
(1) all actions taken by an alien before, on, or after such
date; and
(2) all aliens, without regard to the date of entry or
attempted entry into the United States in removal proceedings
on or after such date (except for proceedings in which there
has been a final administrative decision before such date).
SEC. 5. REQUIREMENT FOR PASSENGER MANIFESTS FOR FLIGHTS IN FOREIGN AIR
TRANSPORTATION TO THE UNITED STATES.
Section 44909 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Flights in Foreign Air Transportation to the United States.--
``(1) In general.--Not later than 60 days after the date of
enactment of this subsection, the Under Secretary of
Transportation for Security shall require each air carrier and
foreign air carrier operating a passenger flight in foreign air
transportation to the United States to provide to the Under
Secretary by electronic transmission a passenger and crew
manifest containing the information specified in subsection
(2).
``(2) Information.--A passenger and crew manifest for a
flight required under paragraph (1) shall contain the following
information:
``(A) The full legal name of each passenger and
crew member, and any additional name recorded for such
passenger.
``(B) The date of birth and citizenship of each
passenger and crew member.
``(C) The sex of each passenger and crew member.
``(D) The passport number and country of issuance
of each passenger and crew member if required for
travel.
``(E) The United States visa number or resident
alien card number of each passenger and crew member, as
applicable.
``(F) Such other information as the Under
Secretary, by regulation, determines is reasonably
necessary to ensure aviation safety.
``(3) Transmission of manifest.--Subject to paragraph (4),
a passenger and crew manifest required for a flight under
paragraph (1) shall be transmitted to the Under Secretary in
advance of the aircraft landing in the United States in such
manner, time, and form as the Under Secretary prescribes.
``(4) Transmission of manifests to other federal
agencies.--The Under Secretary may require by regulation that a
passenger and crew manifest required for a flight under
paragraph (1) be transmitted directly to the head of another
Federal agency.''.
SEC. 6. INQUIRY REGARDING COUNTRY OF ORIGIN AT POINT OF ENTRY.
The Attorney General shall require by regulation that Federal
border officials inquire of each individual entering the United States
as to the individual's country of origin.
SEC. 7. ELIMINATING WAIVER AUTHORITY RELATING TO IMPLEMENTATION OF
MACHINE READABLE PASSPORTS.
Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1187(a)(3)), as amended by Public Law 107-56) is amended by striking
subparagraph (B).
SEC. 8. GAO STUDY.
Not later than 6 months after the date of the enactment of this Act
and every 6 months thereafter, the General Accounting Office shall
submit to the Congress a report, in classified and unclassified format,
which evaluates the status of the following:
(1) The reforms taken within the Immigration and
Naturalization Service to safeguard the borders of the United
States.
(2) The ability of the Federal Government to prevent
terrorists from entering the United States.
(3) The ability of the Federal Government to locate and
monitor the travel of aliens in the United States.
(4) The degree of cooperation among the Federal Bureau of
Investigation, the Immigration and Naturalization Service, the
intelligence agencies, and other Federal, State, and local law
enforcement officials.
(5) The background check process for aliens seeking visas
for admission to the United States.
(6) The implementation of other measures to safeguard the
borders of the United States and improve visa background
checks.
(7) The effectiveness of the border security in the United
States. | Securing America From Terrorist Entries Act or the SAFTE Act - Establishes a temporary moratorium on the issuance of immigrant or (non-diplomatic) nonimmigrant visas to aliens who are, or were within 15 years of applying for U.S. admission, citizens or nationals of: (1) Afghanistan; (2) Algeria; (3) Egypt; (4) Lebanon; (5) Saudi Arabia; (6) Somalia; (7) United Arab Emirates; (8) Yemen; or (9) any country designated as a state sponsor of terrorism. Authorizes the Attorney General to grant exceptions.Applies such provisions to aliens with multiple citizenship. Makes the visa waiver program inapplicable to such aliens.Directs the Under Secretary of Transportation to require air carriers in foreign transportation to the United States to provide electronic passenger and crew manifests with specified information prior to U.S. arrival.Requires country of origin inquiry at the point of U.S. arrival.Amends the Immigration and Nationality Act to eliminate deadline waiver authority relating to implementation of machine readable passports.Directs the General Accounting Office to report every six months respecting border and visa security and related matters. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Storage Promotion and
Deployment Act of 2015''.
SEC. 2. ENERGY STORAGE PORTFOLIO STANDARD.
(a) In General.--Title VI of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end
the following:
``SEC. 610. ENERGY STORAGE PORTFOLIO STANDARD.
``(a) Definitions.--In this section:
``(1) Energy storage device.--The term `energy storage
device' includes a device used to store energy using pumped
hydropower, compressed air, batteries or other electrochemical
forms (including hydrogen for fuel cells), thermal forms
(including hot water and ice), flywheels, capacitors,
superconducting magnets, and other energy storage devices, to
be available for use when the energy is needed.
``(2) Retail electric supplier.--
``(A) In general.--The term `retail electric
supplier' means a person that--
``(i) sells electric energy to electric
consumers; and
``(ii) sold not less than 500,000 megawatt
hours of electric energy to electric consumers
for purposes other than resale during the
preceding calendar year.
``(B) Inclusion.--The term `retail electric
supplier' includes a person that sells electric energy
to electric consumers that, in combination with the
sales of any affiliate organized after the date of
enactment of this section, sells not less than 500,000
megawatt hours of electric energy to consumers for
purposes other than resale.
``(C) Exclusions.--The term `retail electric
supplier' does not include--
``(i) the United States, a State, any
political subdivision of a State, or any
agency, authority, or instrumentality of the
United States, a State, an Indian tribe, or a
political subdivision; or
``(ii) a rural electric cooperative.
``(D) Sales to parent companies or affiliates.--For
purposes of this paragraph, sales by any person to a
parent company or to other affiliates of the person
shall not be treated as sales to electric consumers.
``(b) Requirements.--
``(1) Primary standards.--Subject to paragraph (2) and
except as provided in subsection (e)(2), each retail electric
supplier shall achieve compliance with the following energy
storage portfolio standards by the following dates:
``(A) January 1, 2021.--Not later than January 1,
2021, each retail electric supplier shall have
available on the system of the retail electric supplier
energy storage devices with a power capacity rating
equal to not less than 1 percent of the annual average
peak power demand of the system, as--
``(i) measured over a 1-hour period; and
``(ii) averaged over the period of calendar
years 2017 through 2019.
``(B) January 1, 2025.--Not later than January 1,
2025, each retail electric supplier shall have
available on the system of the retail electric supplier
energy storage devices with a power capacity rating
equal to not less than 2 percent of the annual average
peak power demand of the system, as--
``(i) measured over a 1-hour period; and
``(ii) averaged over the period of calendar
years 2021 through 2023.
``(2) Secondary standard.--Of each applicable storage
capacity required under paragraph (1), at least 50 percent
shall be sufficient to provide electricity at the rated
capacity for a duration of not less than 1 hour.
``(c) Inclusions.--The following may be used to comply with the
energy storage portfolio standards established by subsection (b):
``(1) Energy storage devices associated with a retail
customer of the retail electric supplier.
``(2) Energy storage owned or operated by the retail
electric supplier.
``(3) Energy storage devices that are electrically
connected to the retail electric supplier and available to
provide power, including storage owned by--
``(A) a third party;
``(B) a regional transmission entity; or
``(C) a transmission or generation entity.
``(d) Exclusion.--An energy storage device placed in operation
before January 1, 2009, may not be used to achieve compliance with the
energy storage portfolio standards established by subsection (b).
``(e) Deadline for Compliance.--
``(1) In general.--Subject to paragraph (2), the chief
executive officer of each retail electric supplier shall
certify to the Secretary compliance with the energy storage
portfolio standards established by subsection (b) by the
applicable dates specified in that subsection.
``(2) Waivers.--
``(A) In general.--Notwithstanding any other
provision of this section, the Secretary may provide to
a retail electric supplier a waiver of an applicable
deadline under subsection (b) for a period of 1
calendar year, if the Secretary determines that
achieving compliance by the applicable deadline would
present undue hardship to--
``(i) the retail electric supplier; or
``(ii) ratepayers of the retail electric
supplier.
``(B) Additional waivers.--The Secretary may
provide to a retail electric supplier such additional
1-year waivers under subparagraph (A) as the Secretary
determines to be appropriate on making a subsequent
determination under that subparagraph.''.
(b) Table of Contents Amendment.--The table of contents of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601)
is amended by adding at the end of the items relating to title VI the
following:
``Sec. 609. Rural and remote communities electrification grants.
``Sec. 610. Energy storage portfolio standard.''. | Energy Storage Promotion and Deployment Act of 2015 This bill amends the Public Utility Regulatory Policies Act of 1978 to establish national energy storage standards for certain electric power suppliers (utilities) that sell at least 500,000 megawatt hours of electric energy annually. Each supplier must have energy storage devices that have the capacity to provide at least 1% of its annual average peak power demand by 2021 and 2% by 2025. Suppliers must also meet a secondary standard. Energy storage devices include those used to store energy using pumped hydropower, compressed air, batteries or other electrochemical forms, thermal forms, flywheels, capacitors, and superconducting magnets. The standards do not apply to rural electric cooperatives or government-owned suppliers. An energy storage device placed in operation before January 1, 2009, may not be used to achieve compliance with the standards. The Department of Energy may provide one-year waivers from the deadlines if achieving the standard by the deadline would present undue hardship to the supplier or its ratepayers. | billsum_train |
Create a condensed overview of the following text: SECTION 1. ENHANCEMENT OF PROCEDURES FOR COMMUNICATIONS BY MEMBERS OF
THE ARMED FORCES REGARDING ALLEGATIONS OF SEXUAL ASSAULT.
(a) Judge Advocates To Be Recipients of Restricted Reporting of
Allegations Without Triggering Official Investigative Process.--The
officials who are authorized to receive a restricted reporting by a
member of the Armed Forces of an allegation of sexual assault without
resulting in the initiation of an official investigative process with
respect to the allegation shall include judge advocates.
(b) Privileged Nature of Communications Between Members and Victim
Advocates.--
(1) In general.--The Secretary of Defense shall modify the
Military Rules of Evidence to provide that a member of the
Armed Forces who alleges sexual assault shall have the
privilege to refuse to disclose, and to prevent any other
person from disclosing, a confidential communication made
between the member and a Victim Advocate (VA), in a case
arising under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), or chapter 47A of title 10,
United States Code (relating to military commissions), if the
communication was made for the purpose of facilitating victim
advocacy for the member with respect to the allegation. The
privilege shall be similar in scope and exceptions, and the
privilege shall be administered in a manner similar, to the
psychotherapist-patient privilege under Rule 513 of the
Military Rules of Evidence.
(2) Confidential defined.--In this subsection, the term
``confidential'', in the case of a communication, means not
intended to be disclosed to third persons other than those to
whom disclosure is in furtherance of victim advocacy or those
reasonably necessary for the transmission of the communication.
(c) Other Definitions.--In this section, the terms ``official
investigative process'', ``restricted reporting'', and ``unrestricted
reporting'' have the meaning given such terms in Department of Defense
Directive 6495.01, dated October 6, 2005 (as amended).
SEC. 2. REQUIREMENTS AND LIMITATIONS REGARDING SEXUAL ASSAULT RESPONSE
COORDINATORS AND VICTIM ADVOCATES.
(a) Limitation on Personnel Discharging SARC Functions.--
(1) In general.--Each Sexual Assault Response Coordinator
(SARC) shall be a member of the Armed Forces on active duty or
a full-time civilian employee of the Department of Defense.
(2) Prohibition on discharge by contractor personnel.--A
contractor or employee of a contractor of the Federal
Government may not serve or act as, or discharge the functions
of, a Sexual Assault Response Coordinator.
(b) Minimum Number of VAs.--Each battalion of the Armed Forces
shall be assigned not less than one Victim Advocate (VA) who is a
member of the Armed Forces on active duty or a full-time civilian
employee of the Department of Defense.
(c) Training and Certification.--
(1) Training and certification for sarcs.--The Secretary of
Defense shall, in consultation with the National Organization
of Victim Advocates (NOVA), carry out a program as follows:
(A) To provide standardized training for all
individuals who will serve as Sexual Assault Response
Coordinators on matters relating to sexual assault in
the Armed Forces.
(B) To certify individuals who successfully
complete training provided pursuant to subparagraph (A)
as qualified for the discharge of the functions of
Sexual Assault Response Coordinator.
(2) Participation of vas.--The Secretary shall permit
individuals who will serve as a Victim Advocate to participate
in training provided pursuant to paragraph (1)(A) if such
training is not otherwise provided or available to such
individuals through individuals certified as Sexual Assault
Response Coordinators under paragraph (1)(B).
(d) Definitions.--In this section, the term ``Sexual Assault
Response Coordinator'' and ``Victim Advocate'' have the meaning given
such terms in Department of Defense Directive 6495.01, dated October 6,
2005 (as amended).
SEC. 3. REQUIREMENTS FOR THE SEXUAL ASSAULT PREVENTION AND RESPONSE
PROGRAM.
(a) SES Position for Director of SAPRO.--The position of Director
of the Sexual Assault Prevention and Response Office (SAPRO) of the
Department of Defense shall be a position in the Senior Executive
Service (SES).
(b) Standardization of Program.--The Secretary of Defense shall
take appropriate actions to standardize and update programs and
activities relating to sexual assault prevention and response across
the Armed Forces and the military departments. Such actions shall
include the following:
(1) The establishment of common organizational structures
for organizations in the Armed Forces and the military
departments responsible for sexual assault prevention and
response activities in order to achieve commonality in the
structure of such organizations and their discharge of their
functions.
(2) The standardization of terminology on sexual assault
prevention and response to be utilized by the organizations
described in paragraph (1), the Armed Forces, and the military
departments.
(3) The establishment of position descriptions for
positions in the Armed Forces and the military departments
charged with sexual assault prevention and response duties, and
the specification of the responsibilities of such positions.
(4) The establishment of minimum standards for programs and
activities of the Armed Forces and the military departments
relating to sexual assault prevention and response.
(5) Such other actions as the Secretary considers
appropriate.
SEC. 4. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING IN PROFESSIONAL
MILITARY EDUCATION.
The Secretary of Defense shall, in consultation with the
Secretaries of the military departments, ensure that training on sexual
assault prevention and response is provided to members of the Armed
Forces at each level of professional military education (PME) for
members of the Armed Forces. Such training shall, to the extent
practicable, be uniform across the Armed Forces.
SEC. 5. SEXUAL ASSAULT DEFINED.
In this Act, the term ``sexual assault'' has the meaning given that
term in Department of Defense Directive 6495.01, dated October 6, 2005
(as amended). | Requires the officials authorized to receive a restricted reporting by a member of the Armed Forces (member) of an allegation of sexual assault without resulting in the initiation of an official investigative process to include judge advocates.
Directs the Secretary of Defense (DOD) to modify the Military Rules of Evidence to provide a member the privilege to refuse to disclose in a military proceeding a confidential communication between a member and a Victim Advocate, if such communication was made to facilitate victim advocacy.
Requires each Sexual Assault Response Coordinator to be a member on active duty or a full-time civilian DOD employee. Prohibits any contractor personnel from acting as Coordinators. Requires each military battalion to have at least one Victim Advocate who is either a member on active duty or a full-time civilian DOD employee. Directs the Secretary to carry out a training and certification program for such Coordinators.
Requires the DOD position of Director of the Sexual Assault Prevention and Response Office to be a position in the Senior Executive Service. Directs the Secretary to standardize and update programs and activities relating to sexual assault prevention and response across the Armed Forces and the military departments.
Requires the Secretary to ensure that training on sexual assault prevention and response is provided to members at each level of professional military education and is uniform across the Armed Forces. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Transparency
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower, flood
control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs at
individual assets due to aging infrastructure, is needed for
Congress to conduct oversight of Reclamation facilities and
meet the needs of the public.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asset.--
(A) In general.--The term ``asset'' means any of
the following assets that are used to achieve the
mission of the Bureau of Reclamation to manage,
develop, and protect water and related resources in an
environmentally and economically sound manner in the
interest of the people of the United States:
(i) Capitalized facilities, buildings,
structures, project features, power production
equipment, recreation facilities, or quarters.
(ii) Capitalized and noncapitalized heavy
equipment and other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of
Reclamation known as the ``Asset Management Plan''; and
(B) any publicly available information relating to
the plan described in subparagraph (A) that summarizes
the efforts of the Bureau of Reclamation to evaluate
and manage infrastructure assets of the Bureau of
Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by the
Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are owned
by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau of
Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with the
Bureau of Reclamation.
SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to Congress an Asset Management
Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved
works at Reclamation facilities; and
(B) to standardize and streamline data reporting
and processes across regions and areas for the purpose
of maintaining reserved works at Reclamation
facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of
major repair and rehabilitation needs of individual
Reclamation facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the
appropriations needed to complete each item; and
(B) an assignment of a categorical rating for each
item, consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings
under paragraph (2)(B) shall be--
(i) consistent with existing uniform
categorization systems to inform the annual
budget process and agency requirements; and
(ii) subject to the guidance and
instructions issued under subparagraph (B).
(B) Guidance.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
issue guidance that describes the applicability of the
rating system applicable under paragraph (2)(B) to
Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publicly available, including on
the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--The Secretary may exclude from the
public version of the Asset Management Report made available
under paragraph (4) any information that the Secretary
identifies as sensitive or classified, but shall make available
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a version of the report containing the
sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on which the
Asset Management Report is submitted under subsection (a) and
biennially thereafter, the Secretary shall update the Asset Management
Report, subject to the requirements of section 5(b)(2).
(d) Consultation.--To the extent that such consultation would
assist the Secretary in preparing the Asset Management Report under
subsection (a) and updates to the Asset Management Report under
subsection (c), the Secretary shall consult with--
(1) the Secretary of the Army (acting through the Chief of
Engineers); and
(2) water and power contractors.
SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of
transferred works in developing reporting requirements for Asset
Management Reports with respect to major repair and rehabilitation
needs for transferred works that are similar to the reporting
requirements described in section 4(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable, the
rating system for major repair and rehabilitation needs for
reserved works developed under section 4(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 4(c). | Bureau of Reclamation Transparency Act (Sec. 4) This bill directs the Department of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by the Bureau for which operations and maintenance are performed by Bureau employees or through a contract with the Bureau) at Reclamation facilities (infrastructure assets that are owned by the Bureau at each Reclamation project owned by the Bureau) and to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works. Such Report must include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements. Interior may exclude from the public version of the Report any information that it identifies as sensitive or classified, but shall make available to specified congressional committees a version of the report containing the sensitive or classified information. (Sec. 5) Interior must: (1) coordinate with the non-federal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a non-federal entity under a formal agreement with the Bureau) in developing reporting requirements for Asset Management Reports regarding major repair and rehabilitation needs for transferred works, and (2) develop and implement a categorical rating system for transferred works that incorporates the rating system for major repair and rehabilitation needs for reserved works. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Control Unlawful Fugitive Felons Act
of 2013''.
SEC. 2. REVISIONS TO PROVISIONS LIMITING PAYMENT OF BENEFITS TO
FUGITIVE FELONS UNDER TITLES II, VIII, AND XVI OF THE
SOCIAL SECURITY ACT.
(a) Title II Amendments.--
(1) Fugitive felon warrant requirement.--Section
202(x)(1)(A)(iv) of the Social Security Act (42 U.S.C.
402(x)(1)(A)(iv)) is amended--
(A) by striking ``fleeing to avoid'' and inserting
``the subject of an arrest warrant for the purpose
of'';
(B) by striking ``the place from which the person
flees'' the first place it appears and inserting ``the
jurisdiction issuing the warrant''; and
(C) by striking ``the place from which the person
flees'' the second place it appears and inserting ``the
jurisdiction''.
(2) Probation and parole violator warrant requirement.--
Section 202(x)(1)(A)(v) of the Social Security Act (42 U.S.C.
402(x)(1)(A)(v)) is amended to read as follows:
``(v) is the subject of an arrest warrant
for violating a condition of probation or
parole imposed under Federal or State law.''.
(b) Title VIII Amendments.--
(1) Fugitive felon warrant requirement.--Section 804(a)(2)
of such Act (42 U.S.C. 1004(a)(2)) is amended--
(A) by striking ``fleeing to avoid'' and inserting
``the subject of an arrest warrant for the purpose
of'';
(B) by striking ``the jurisdiction within the
United States from which the person has fled'' and
inserting ``any jurisdiction within the United
States''; and
(C) by striking ``place from which the person has
fled'' and inserting ``jurisdiction issuing the
warrant''.
(2) Probation and parole warrant requirement.--Section
804(a)(3) of the Social Security Act (42 U.S.C. 1004(a)(3)) is
amended to read as follows:
``(3) during any part of which the individual is the
subject of an arrest warrant for violating a condition of
probation or parole imposed under Federal or State law; or''.
(3) Disclosure.--Section 804 of such Act (42 U.S.C. 1004)
is amended by adding at the end the following:
``(c) Notwithstanding the provisions of section 552a of title 5,
United States Code, or any other provision of Federal or State law
(other than section 6103 of the Internal Revenue Code of 1986 and
section 1106(c) of this Act), the Commissioner shall furnish any
Federal, State, or local law enforcement officer, upon written request
of the officer, with the current address, Social Security number, and
photograph (if applicable) of any individual who is a recipient of (or
would be such a recipient but for the application of paragraph (2) or
(3) of subsection (a)) benefits under this title, if the officer
furnishes the Commissioner with the name of the individual and other
identifying information as reasonably required by the Commissioner to
establish the unique identity of the individual, and notifies the
Commissioner that--
``(1) the individual is described in paragraph (2) or (3)
of subsection (a); and
``(2) the location or apprehension of such individual is
within the officer's official duties.''.
(c) Title XVI Amendments.--
(1) Fugitive felon warrant requirement.--Section
1611(e)(4)(A)(i) of such Act (42 U.S.C. 1382(e)(4)(A)(i)) is
amended--
(A) by striking ``fleeing to avoid'' and inserting
``the subject of an arrest warrant for the purpose
of'';
(B) by striking ``the place from which the person
flees'' the first place it appears and inserting ``the
jurisdiction issuing the warrant''; and
(C) by striking ``the place from which the person
flees'' the second place it appears and inserting ``the
jurisdiction''.
(2) Probation and parole warrant requirement.--Section
1611(e)(4)(A)(ii) of the Social Security Act (42 U.S.C.
1382(e)(4)(A)(ii)) is amended to read as follows:
``(ii) the subject of an arrest warrant for
violating a condition of probation or parole
imposed under Federal or State law''.
(3) Disclosure.--Section 1611(e)(5) of such Act (42 U.S.C.
1382(e)(5)) is amended--
(A) by striking ``any recipient of'' and inserting
``any individual who is a recipient of (or would be
such a recipient but for the application of paragraph
(4)(A)''; and
(B) by striking ``the recipient'' each place it
appears and inserting ``the individual''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall be effective with respect to
benefits payable under the Social Security Act for months that begin
after 270 days following the date of enactment of this Act. | Control Unlawful Fugitive Felons Act of 2013 - Amends titles II (Old Age, Survivors, and Disability Insurance) (OASDI), VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) (SSI) of the Social Security Act to prohibit from receiving benefits under those titles any individual who is the subject of: (1) an outstanding arrest warrant for a felony, or (2) an outstanding arrest warrant for violating a condition of prohibition or parole imposed under federal or state law. Directs the Commissioner of Social Security to furnish any federal, state, or local law enforcement officer, upon written request, with the current address, Social Security number, and photograph of any recipient of title VIII benefits if the officer furnishes the Commissioner with the individual's name and other identifying information as reasonably required to establish the individual's unique identity, and notifies the Commissioner that: (1) the individual is fleeing to avoid prosecution, or custody or confinement after conviction, or the individual is violating a condition of probation or parole; and (2) the location or apprehension of such individual is within the officer's official duties. | billsum_train |
Create a condensed overview of the following text: SECTION 1. REDI CENTER.
(a) Authorization.--The Secretary of State is authorized to provide
for the participation by the United States in the Regional Emerging
Diseases Intervention Center (in this section referred to as ``REDI
Center'') in Singapore, as established by the Agreement described in
subsection (c).
(b) Consultation and Report.--
(1) Consultation.--Prior to the review required under Article
6.3 of the Agreement described in subsection (c), the Secretary
shall consult with the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of
the Senate.
(2) Report.--In connection with the submission of the annual
congressional budget justification, the Secretary shall report on
efforts undertaken at the REDI Center with regard to bioterrorism
concerns.
(c) Agreement Described.--The Agreement referred to in this section
is the Agreement between the Governments of the United States of
America and the Republic of Singapore Establishing the Regional
Emerging Diseases Intervention Center, done at Singapore, November 22,
2005.
SEC. 2. RETENTION OF MEDICAL REIMBURSEMENTS.
Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084) is
amended by adding at the end the following new subsection:
``(g) Reimbursements paid to the Department of State for funding
the costs of medical care abroad for employees and eligible family
members shall be credited to the currently available applicable
appropriation account. Such reimbursements shall be available for
obligation and expenditure during the fiscal year in which they are
received or for such longer period of time as may be provided in
law.''.
SEC. 3. ACCOUNTABILITY REVIEW BOARDS.
Section 301(a) of the Diplomatic Security Act (22 U.S.C. 4831(a))
is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Facilities in afghanistan and iraq.--
``(A) Limited exemptions from requirement to convene
board.--The Secretary of State is not required to convene a
Board in the case of an incident that--
``(i) involves serious injury, loss of life, or
significant destruction of property at, or related to, a
United States Government mission in Afghanistan or Iraq;
and
``(ii) occurs during the period beginning on October 1,
2005, and ending on September 30, 2009.
``(B) Reporting requirements.--In the case of an incident
described in subparagraph (A), the Secretary shall--
``(i) promptly notify the Committee on International
Relations of the House of Representatives and the Committee
on Foreign Relations of the Senate of the incident;
``(ii) conduct an inquiry of the incident; and
``(iii) upon completion of the inquiry required by
clause (ii), submit to each such Committee a report on the
findings and recommendations related to such inquiry and
the actions taken with respect to such recommendations.''.
SEC. 4. INCREASED LIMITS APPLICABLE TO POST DIFFERENTIALS AND DANGER
PAY ALLOWANCES.
(a) Repeal of Limited-Scope Effective Date for Previous Increase.--
Subsection (c) of section 591 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004 (division D of
Public Law 108-199) is repealed.
(b) Post Differentials.--Section 5925(a) of title 5, United States
Code, is amended in the third sentence by striking ``25 percent of the
rate of basic pay or, in the case of an employee of the United States
Agency for International Development,''.
(c) Danger Pay Allowances.--Section 5928 of title 5, United States
Code, is amended by striking ``25 percent of the basic pay of the
employee or 35 percent of the basic pay of the employee in the case of
an employee of the United States Agency for International Development''
both places that it appears and inserting ``35 percent of the basic pay
of the employee''.
(d) Criteria.--The Secretary of State shall inform the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate of the criteria to be used
in determinations of appropriate adjustments in post differentials
under section 5925(a) of title 5, United States Code, as amended by
subsection (b), and danger pay allowances under section 5928 of title
5, United States Code, as amended by subsection (c).
(e) Study and Report.--Not later than two years after the date of
the enactment of this Act, the Secretary of State shall conduct a study
assessing the effect of the increases in post differentials and danger
pay allowances made by the amendments in subsections (b) and (c),
respectively, in filling ``hard-to-fill'' positions and shall submit a
report of such study to the committees specified in subsection (d) and
to the Committee on Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate.
SEC. 5. CLARIFICATION OF FOREIGN SERVICE GRIEVANCE BOARD PROCEDURES.
Section 1106(8) of the Foreign Service Act of 1980 (22 U.S.C.
4136(8)) is amended in the first sentence--
(1) by inserting ``the involuntary separation of the grievant
(other than an involuntary separation for cause under section
610(a)),'' after ``considering''; and
(2) by striking ``the grievant or'' and inserting ``the
grievant, or''.
SEC. 6. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.
Section 504(c) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228) is amended by striking ``December 31,
2005'' and inserting ``December 31, 2006''.
SEC. 7. OFFICIAL RESIDENCE EXPENSES.
Section 5913 of title 5, United States Code, is amended by adding
at the end the following new subsection:
``(c) Funds made available under subsection (b) may be provided in
advance to persons eligible to receive reimbursements.''.
SEC. 8. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS EDUCATION
BENEFITS.
Section 305(a) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6204(a)) is amended by inserting after paragraph
(18) the following new paragraph:
``(19)(A) To provide for the payment of primary and secondary
school expenses for dependents of personnel stationed in the
Commonwealth of the Northern Mariana Islands (CNMI) at a cost not
to exceed expenses authorized by the Department of Defense for such
schooling for dependents of members of the Armed Forces stationed
in the Commonwealth, if the Board determines that schools available
in the Commonwealth are unable to provide adequately for the
education of the dependents of such personnel.
``(B) To provide transportation for dependents of such
personnel between their places of residence and those schools for
which expenses are provided under subparagraph (A), if the Board
determines that such schools are not accessible by public means of
transportation.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 1) Authorizes the Secretary of State to provide for U.S. participation in the Regional Emerging Diseases Intervention Center ("REDI Center") in Singapore.
Requires the Secretary to: (1) consult with the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate (Committees); and (2) report on REDI Center efforts respecting bioterrorism concerns.
(Sec. 2) Amends the Foreign Service Act of 1980 to credit Department of State medical reimbursements to the currently available appropriation account, which shall be available for expenditure during the fiscal year received or longer as may be provided by law.
(Sec. 3) Amends the Diplomatic Security Act to authorize the Secretary to not convene an Accountability Review Board to conduct an inquiry for incidents that involve serious injury, loss of life, or significant property destruction at a U.S. mission in Iraq or Afghanistan during the period of October 1, 2005, through September 30, 2009.
Requires the Secretary, in the case of such an incident, to: (1) notify the Committees; and (2) investigate the incident and submit a report to such Committees.
(Sec. 4) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 to repeal the provision making United States Agency for International Development (USAID) post differential and danger pay increases for employees not in Iraq or Afghanistan subject to the provision of similar pay allowances for Department employees.
Increases the maximum post-differential and danger pay allowance for a Foreign Service employee to 35% of base pay.
Directs the Secretary to report to the Committees and to the Committee on Government Reform of the House and the Committee on Homeland Security and Governmental Affairs of the Senate respecting such increases' effect on "hard-to-fill" positions.
(Sec. 5) Amends the Foreign Service Act of 1980 to authorize the Foreign Service Grievance Board to retain an employee on the payroll while a grievance is being reviewed.
(Sec. 6) Amends the Foreign Relations Authorization Act, Fiscal Year 2003 to extend the International Broadcasting Bureau personal services contracting pilot program through December 31, 2006.
(Sec. 7) Authorizes the Department to provide in advance funds available for official residence expenses to those persons currently eligible to receive such reimbursement.
(Sec. 8) Amends the United States International Broadcasting Act of 1994 to authorize the Broadcasting Board of Governors to pay the primary and secondary education costs of dependents of personnel stationed in the Commonwealth of the Northern Mariana Islands, including certain transportation costs, if the Board determines that the schools available in the Commonwealth are unable to provide an adequate education. Limits such payments to amounts similarly permitted to Department of Defense (DOD) dependents' educational expenses in the Commonwealth. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Institutions Examination
Fairness and Reform Act''.
SEC. 2. AMENDMENT TO DEFINITION OF FINANCIAL INSTITUTION.
Section 1003(3) of the Federal Financial Institutions Examination
Council Act of 1978 (12 U.S.C. 3302(3)) is amended to read as follows:
``(3) the term `financial institution'--
``(A) means a commercial bank, a savings bank, a
trust company, a savings association, a building and
loan association, a homestead association, a
cooperative bank, or a credit union; and
``(B) for purposes of sections 1012, 1013, and
1014, includes a nondepository covered person subject
to supervision by the Bureau of Consumer Financial
Protection under section 1024 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5514).''.
SEC. 3. TIMELINESS OF EXAMINATION REPORTS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.) is amended by adding at the end the following:
``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS.
``(a) In General.--
``(1) Final examination report.--A Federal financial
institutions regulatory agency shall provide a final
examination report to a financial institution not later than 60
days after the later of--
``(A) the exit interview for an examination of the
institution; or
``(B) the provision of additional information by
the institution relating to the examination.
``(2) Exit interview.--If a financial institution is not
subject to a resident examiner program, the exit interview
shall occur not later than the end of the 9-month period
beginning on the commencement of the examination, except that
such period may be extended by the Federal financial
institutions regulatory agency by providing written notice to
the institution and the Independent Examination Review Director
describing with particularity the reasons that a longer period
is needed to complete the examination.
``(b) Examination Materials.--Upon the request of a financial
institution, the Federal financial institutions regulatory agency shall
include with the final report an appendix listing all examination or
other factual information relied upon by the agency in support of a
material supervisory determination.''.
SEC. 4. INDEPENDENT EXAMINATION REVIEW DIRECTOR.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.), as amended by section 3, is further amended
by adding at the end the following:
``SEC. 1013. OFFICE OF INDEPENDENT EXAMINATION REVIEW.
``(a) Establishment.--There is established in the Council an Office
of Independent Examination Review (the `Office').
``(b) Head of Office.--There is established the position of the
Independent Examination Review Director (the `Director'), as the head
of the Office. The Director shall be appointed by the Council and shall
be independent from any member agency of the Council.
``(c) Term.--The Director shall serve for a term of 5 years, and
may be appointed to serve a subsequent 5-year term.
``(d) Staffing.--The Director is authorized to hire staff to
support the activities of the Office.
``(e) Duties.--The Director shall--
``(1) receive and, at the Director's discretion,
investigate complaints from financial institutions, their
representatives, or another entity acting on behalf of such
institutions, concerning examinations, examination practices,
or examination reports;
``(2) hold meetings, at least once every three months and
in locations designed to encourage participation from all
sections of the United States, with financial institutions,
their representatives, or another entity acting on behalf of
such institutions, to discuss examination procedures,
examination practices, or examination policies;
``(3) in accordance with subsection (f), review examination
procedures of the Federal financial institutions regulatory
agencies to ensure that the written examination policies of
those agencies are being followed in practice and adhere to the
standards for consistency established by the Council;
``(4) conduct a continuing and regular review of
examination quality assurance for all examination types
conducted by the Federal financial institutions regulatory
agencies;
``(5) adjudicate any supervisory appeal initiated under
section 1014; and
``(6) report annually to the Committee on Financial
Services of the House of Representatives, the Committee on
Banking, Housing, and Urban Affairs of the Senate, and the
Council, on the reviews carried out pursuant to paragraphs (3)
and (4), including compliance with the requirements set forth
in section 1012 regarding timeliness of examination reports,
and the Council's recommendations for improvements in
examination procedures, practices, and policies.
``(f) Standard for Reviewing Examination Procedures.--In conducting
reviews pursuant to subsection (e)(4), the Director shall prioritize
factors relating to the safety and soundness of the financial system of
the United States.
``(g) Removal.--If the Director is removed from office, the Council
shall communicate in writing the reasons for any such removal to the
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate not
later than 30 days before the removal.
``(h) Confidentiality.--The Director shall keep confidential all
meetings with, discussions with, and information provided by financial
institutions.''.
SEC. 5. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY
DETERMINATIONS.
The Federal Financial Institutions Examination Council Act of 1978
(12 U.S.C. 3301 et seq.), as amended by section 4, is further amended
by adding at the end the following:
``SEC. 1014. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY
DETERMINATIONS.
``(a) In General.--A financial institution shall have the right to
obtain an independent review of a material supervisory determination
contained in a final report of examination.
``(b) Notice.--
``(1) Timing.--A financial institution seeking review of a
material supervisory determination under this section shall
file a written notice with the Independent Examination Review
Director (the `Director') within 60 days after receiving the
final report of examination that is the subject of such review.
``(2) Identification of determination.--The written notice
shall identify the material supervisory determination that is
the subject of the independent examination review, and a
statement of the reasons why the institution believes that the
determination is incorrect or should otherwise be modified.
``(3) Information to be provided to institution.--Any
information relied upon by the agency in the final report that
is not in the possession of the financial institution may be
requested by the financial institution and shall be delivered
promptly by the agency to the financial institution.
``(c) Right to Hearing.--
``(1) In general.--The Director shall determine the merits
of the appeal on the record or, at the financial institution's
election, shall refer the appeal to an Administrative Law Judge
to conduct a confidential hearing pursuant to the procedures
set forth under sections 556 and 557 of title 5, United States
Code, which hearing shall take place not later than 60 days
after the petition for review was received by the Director, and
to issue a proposed decision to the Director based upon the
record established at such hearing.
``(2) Standard of review.--In rendering a determination or
recommendation under this subsection, neither the
Administrative Law Judge nor the Director shall defer to the
opinions of the examiner or agency, but shall conduct a de novo
review to independently determine the appropriateness of the
agency's decision based upon the relevant statutes,
regulations, and other appropriate guidance, as well as
evidence adduced at any hearing.
``(d) Final Decision.--A decision by the Director on an independent
review under this section shall--
``(1) be made not later than 60 days after the record has
been closed; and
``(2) subject to subsection (e), be deemed a final agency
action and shall bind the agency whose supervisory
determination was the subject of the review and the financial
institution requesting the review.
``(e) Limited Review by FFIEC.--
``(1) In general.--If the agency whose supervisory
determination was the subject of the review believes that the
Director's decision under subsection (d) would pose an imminent
threat to the safety and soundness of the financial
institution, such agency may file a written notice seeking
review of the Director's decision with the Council within 10
days of receiving the Director's decision.
``(2) Standard of review.--In making a determination under
this subsection, the Council shall conduct a review to
determine whether there is substantial evidence that the
Director's decision would pose an imminent threat to the safety
and soundness of the financial institution.
``(3) Final determination.--A determination by the Council
shall--
``(A) be made not later than 30 days after the
filing of the notice pursuant to paragraph (1); and
``(B) be deemed a final agency action and shall
bind the agency whose supervisory determination was the
subject of the review and the financial institution
requesting the review.
``(f) Right to Judicial Review.--A financial institution shall have
the right to petition for review of final agency action under this
section by filing a Petition for Review within 60 days of the
Director's decision or the Council's decision in the United States
Court of Appeals for the District of Columbia Circuit or the Circuit in
which the financial institution is located.
``(g) Report.--The Director shall report annually to the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate on actions taken
under this section, including the types of issues that the Director has
reviewed and the results of those reviews. In no case shall such a
report contain information about individual financial institutions or
any confidential or privileged information shared by financial
institutions.
``(h) Retaliation Prohibited.--A Federal financial institutions
regulatory agency may not--
``(1) retaliate against a financial institution, including
service providers, or any institution-affiliated party (as
defined under section 3 of the Federal Deposit Insurance Act),
for exercising appellate rights under this section; or
``(2) delay or deny any agency action that would benefit a
financial institution or any institution-affiliated party on
the basis that an appeal under this section is pending under
this section.
``(i) Rule of Construction.--Nothing in this section may be
construed--
``(1) to affect the right of a Federal financial
institutions regulatory agency to take enforcement or other
supervisory actions related to a material supervisory
determination under review under this section; or
``(2) to prohibit the review under this section of a
material supervisory determination with respect to which there
is an ongoing enforcement or other supervisory action.''.
SEC. 6. ADDITIONAL AMENDMENTS.
(a) Riegle Community Development and Regulatory Improvement Act of
1994.--Section 309 of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4806) is amended--
(1) in subsection (a), by inserting after ``appropriate
Federal banking agency'' the following: ``, the Bureau of
Consumer Financial Protection,'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the appellant
from retaliation by agency examiners'' and inserting
``the insured depository institution or insured credit
union from retaliation by the agencies referred to in
subsection (a)''; and
(B) by adding at the end the following flush-left
text:
``For purposes of this subsection and subsection (e), retaliation
includes delaying consideration of, or withholding approval of, any
request, notice, or application that otherwise would have been
approved, but for the exercise of the institution's or credit union's
rights under this section.'';
(3) in subsection (e)(2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) ensure that appropriate safeguards exist for
protecting the insured depository institution or
insured credit union from retaliation by any agency
referred to in subsection (a) for exercising its rights
under this subsection.''; and
(4) in subsection (f)(1)(A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(iv) any issue specifically listed in an
exam report as a matter requiring attention by
the institution's management or board of
directors; and
``(v) any suspension or removal of an
institution's status as eligible for expedited
processing of applications, requests, notices,
or filings on the grounds of a supervisory or
compliance concern, regardless of whether that
concern has been cited as a basis for another
material supervisory determination or matter
requiring attention in an examination report,
provided that the conduct at issue did not
involve violation of any criminal law; and''.
(b) Federal Credit Union Act.--Section 205(j) of the Federal Credit
Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of
Consumer Financial Protection,'' before ``the Administration'' each
place such term appears.
(c) Federal Financial Institutions Examination Council Act of
1978.--The Federal Financial Institutions Examination Council Act of
1978 (12 U.S.C. 3301 et seq.) is amended--
(1) in section 1003, by amending paragraph (1) to read as
follows:
``(1) the term `Federal financial institutions regulatory
agencies'--
``(A) means the Office of the Comptroller of the
Currency, the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance Corporation, and
the National Credit Union Administration; and
``(B) for purposes of sections 1012, 1013, and
1014, includes the Bureau of Consumer Financial
Protection;''; and
(2) in section 1005, by striking ``One-fifth'' and
inserting ``One-fourth''.
SEC. 7. REDUCTION OF SURPLUS FUNDS OF FEDERAL RESERVE BANKS.
(a) In General.--Section 7(a)(3)(A) of the Federal Reserve Act (12
U.S.C. 289(a)(3)(A)) is amended by striking ``$7,500,000,000'' and
inserting ``$7,324,285,000''.
(b) Effective Date.--Subsection (a) shall take effect on June 1,
2018.
Passed the House of Representatives March 15, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Financial Institutions Examination Fairness and Reform Act (Sec. 2) This bill amends the Federal Financial Institutions Examination Council Act of 1978 to apply specified procedures related to reporting and review, as established by the bill, to a nondepository covered person that is subject to Consumer Financial Protection Bureau (CFPB) supervision. (Sec. 3) The bill sets deadlines for final examination reports and exit interviews of a financial institution by a federal financial regulatory agency. (Sec. 4) The Office of Independent Examination Review is established to adjudicate appeals and investigate complaints from financial institutions concerning examination reports. (Sec. 5) Financial institutions have the right to an independent review of a material supervisory determination. The bill also establishes a limited review by the Federal Financial Institutions Examination Council (FFIEC) if there is evidence that the final decision reached by the office would pose an imminent threat to the financial institution's safety and soundness. Certain retaliatory actions by regulatory agencies with respect to such review are prohibited. (Sec. 6) The bill also requires the establishment of an independent internal agency appellate process at the CFPB for the review of supervisory determinations made at institutions supervised by the CFPB. The proportion of FFIEC costs covered by regulatory agencies is raised. (Sec. 7) The bill amends the Federal Reserve Act to lower the maximum allowable amount of surplus funds of the Federal Reserve banks. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outdoor Economy Act''.
SEC. 2. OUTDOOR RECREATION ADVISORY COMMITTEE.
(a) Establishment.--There is established within the Department of
the Interior a committee, to be known as the ``Outdoor Recreation
Advisory Committee'' (referred to in this section as the
``Committee'').
(b) Membership.--
(1) Composition.--The Committee shall be composed of 17
members, of whom--
(A) one shall be the Chief of the Forest Service
(or a designee);
(B) one shall be the Director of the United States
Fish and Wildlife Service (or a designee);
(C) one shall be the Director of the Bureau of Land
Management (or a designee);
(D) one shall be the Director of the National Park
Service (or a designee);
(E) one shall be the Chief of Engineers (or a
designee);
(F) one shall be the Commissioner of the Bureau of
Reclamation (or a designee); and
(G) eleven shall be appointed jointly by the
Secretary of Agriculture and the Secretary of the
Interior, with special consideration given to
appointees who represent diverse or underrepresented
groups in the outdoor recreation economy, of whom one
shall be a representative of each of--
(i) State fish and wildlife management
agencies;
(ii) Tribal governments;
(iii) hunting organizations;
(iv) angler organizations;
(v) motorized recreation organizations;
(vi) horsemen organizations;
(vii) human-powered transportation
organizations;
(viii) organizations that provide outreach
or education to encourage youth participation
in the outdoors, with specific preference given
to organizations that engage economically
disadvantaged or other underserved youth
populations;
(ix) veterans service organizations;
(x) the outdoor recreation retail industry;
and
(xi) conservation organizations.
(2) Date of appointments.--The appointment of a member of
the Committee shall be made not later than 180 days after the
date of enactment of this Act.
(3) Term; vacancies.--
(A) Term.--A member shall be appointed for the life
of the Committee.
(B) Vacancies.--A vacancy on the Committee--
(i) shall not affect the powers of the
Committee; and
(ii) shall be filled in the same manner as
the original appointment was made.
(4) Chairperson and vice chairperson.--The Committee shall
select a chairperson and vice chairperson from among the
members of the Committee.
(c) Meetings.--The Committee shall meet at the call of the
chairperson.
(d) Duties.--
(1) Study.--The Committee shall conduct a study and develop
recommendations relating to the following:
(A) Increasing public access to public land.
(B) Identifying and addressing the maintenance
needs on public land that most directly impact
recreational opportunities.
(C) Reducing barriers for underserved communities
to engage in outdoor recreation.
(D) Promoting new and existing service
opportunities on public land for youth and others.
(E) Methods to engage the outdoor recreation
community to curb the spread of invasive species.
(F) Any other strategies to strengthen the outdoor
recreation economy and increase responsible recreation
on public land.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than once every
2 years thereafter, the Committee shall submit to Congress a
report that contains--
(A) a detailed statement of the findings and
conclusions of the Committee under paragraph (1); and
(B) recommendations of the Committee for such
legislation and administrative actions as the Committee
considers to be appropriate.
(e) Powers.--
(1) Hearings.--The Committee may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers to be
advisable to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The Committee may secure directly
from a Federal department or agency such information as
the Committee considers to be necessary to carry out
this section.
(B) Provision of information.--On request of the
chairperson of the Committee, the head of a Federal
department or agency shall provide the information to
the Committee.
(3) Postal services.--The Committee may use the United
States mails in the same manner and under the same conditions
as other Federal departments and agencies.
(f) Committee Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal employees.--A member of the
Committee who is not an officer or employee of the
Federal Government 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
Committee.
(B) Federal employees.--A member of the Committee
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(2) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Committee.
(3) Staff.--
(A) In general.--The chairperson of the Committee
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Committee to perform the
duties of the Committee.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Committee.
(C) Compensation.--
(i) In general.--Except as provided in
subparagraph (B), the chairperson of the
Committee may fix the compensation of the
executive director and other personnel without
regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United
States Code, relating to classification of
positions and General Schedule pay rates.
(ii) Maximum rate of pay.--The rate of pay
for the executive director and other personnel
shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of
title 5, United States Code.
(4) Procurement of temporary and intermittent services.--
The chairperson of the Committee may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section
5316 of that title.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each fiscal year,
to remain available until expended. | Outdoor Economy Act This bill establishes the Outdoor Recreation Advisory Committee within the Department of the Interior to study and develop recommendations relating to increasing public access to public land, addressing maintenance needs, reducing barriers to service opportunities on public land, strengthening the outdoor recreation economy, and increasing responsible recreation on public land. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Panama Canal and Pan-Pacific
Exhibition Centennial Celebration Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Panama Canal, which cuts across the Isthmus of
Panama, was built between 1890 and 1914. It was the world's
greatest engineering feat of its time and required a labor
force of almost 40,000.
(2) President Theodore Roosevelt, recognizing the value of
a canal, led the United States in buying the equipment and
concession to build the canal for $40 million, and championed
the effort that overcame malaria and immense logistical
problems. The Canal opened on August 15, 1914--401 years after
Spanish explorer Vasco Nunez de Balboa first crossed Panama.
(3) Stretching 51 miles, the Panama Canal connected the
Atlantic Ocean and the Pacific Ocean, saving sailors a
dangerous 8,000-mile journey around Cape Horn and through the
Straits of Magellan, and cutting in half the time previously
required to sail between the oceans.
(4) The 1915 Panama-Pacific International Exposition was a
world's fair held in San Francisco, California. The Exposition
ran from February 20 until December 4, 1915.
(5) The Exposition commemorated the completion of the
Panama Canal and the 400th anniversary of the discovery of the
Pacific Ocean by Balboa.
(6) Congress authorized the United States Mint to issue
five different coins dated 1915 in connection with the Panama-
Pacific International Exposition. The coins represent a high-
water mark for American commemorative coins. Produced at the
San Francisco Mint, these were the first United States
commemorative coins to bear the motto ``In God We Trust'', and
included the silver Panama-Pacific half dollar and four gold
coins in denominations of one dollar, 2\1/2\ dollars, a 50-
dollar round coin, and a unique 50-dollar octagonal coin.
(7) The octagonal $50 gold piece was the largest coin
authorized by Congress, and the first minted since 1852 in a
shape other than round.
(8) The United States should mark the centennial of this
important event in San Francisco and the monumental achievement
of the opening of the Panama Canal.
(9) The proceeds from the surcharge on the sale of such
commemorative coins will assist in supporting the educational
programs of the San Francisco Museum and Historical Society.
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, notwithstanding section 5112(a) of title 31, United
States Code:
(1) $5 octagonal gold coins.--Not more than 75,000 $5
coins, which shall--
(A) be octagonal in shape;
(B) weigh 8.359 grams;
(C) have a distance between two opposing vertices
of 0.850 inches; and
(D) contain 90 percent gold and 10 percent alloy.
(2) $5 round gold coins.--Not more than 75,000 $5 coins,
which shall--
(A) be round in shape;
(B) weigh 8.359 grams;
(C) have a diameter of 0.850 inches; and
(D) contain 90 percent gold and 10 percent alloy.
(3) Two and one-half dollar gold coins.--Not more than
50,000 two and one-half dollar coins, which shall--
(A) weigh 4.18 grams;
(B) have a diameter of 0.7087 inches; and
(C) contain 90 percent gold and 10 percent copper.
(4) $1 gold coins.--Not more than 50,000 $1 coins, which
shall--
(A) weigh 1.67 grams;
(B) have a diameter of 0.5906 inches; and
(C) contain 90 percent gold and 10 percent copper.
(5) Half dollar silver coins.--Not more than 250,000 half
dollar coins, which shall--
(A) weigh 12.5 grams;
(B) have a diameter of 1.2047 inches; 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 purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act should be close likenesses of the five coins issued by the
San Francisco Mint at the opening of the Pan-Pacific
Exposition.
(2) Specific design requirements.--
(A) $5 gold coins.--The $5 octagonal gold coins
minted under this Act and the $5 round gold coins
minted under this Act shall be a close likeness of the
octagonal Panama-Pacific Exposition $50 gold coin and
the round Panama-Pacific Exposition $50 gold coin,
respectively. Such coins--
(i) shall have an obverse depicting the
head of the goddess Minerva, with a Corinthian-
style helmet, enclosed in a ring of beads;
(ii) with a reverse--
(I) depicting an owl perched on a
pine bough complete with four pine
cones and multiple sprigs of pine
needles surrounded by the same ring of
beads depicted on the obverse; and
(II) depicting, outside this ring,
the inscriptions ``PANAMA-PACIFIC
EXPOSITION'' and ``SAN FRANCISCO'' in a
single line of text circling the entire
rim, with the words separated by dots;
and
(iii) with respect to the octagonal coin,
such coin shall also have an obverse and
reverse that depicts, in the eight angles of
the vertices, eight stylized dolphins that form
an outer circle.
(B) Two and one-half dollar gold coins.--The two
and one-half dollar gold coins minted under this Act
shall be a close likeness of the Panama-Pacific
Exposition two and one-half dollar gold coin, and--
(i) the obverse shall bear the Greek
goddess Columbia riding sidesaddle on the back
of a Greek mythological hippocampus seahorse,
with a caduceus in her left hand; and
(ii) the reverse shall bear an eagle
perched on a plaque that is inscribed ``E
Pluribus Unum'' and ``United States of
America''.
(C) $1 gold coins.--The $1 gold coin minted under
this Act shall be a close likeness of the Panama-
Pacific Exposition $1 gold coin, and--
(i) the obverse shall bear the profile of a
man wearing a cap which is intended to depict a
laborer who worked on the construction of the
Panama Canal; and
(ii) the reverse shall bear the image of
two dolphins symbolizing the meeting of the two
oceans, with the inscriptions ``PANAMA PACIFIC
EXPOSITION'' and ``SAN FRANCISCO''.
(D) Half dollar silver coins.--The half dollar
silver coins minted under this Act shall be designed--
(i) to be a close likeness of the 1915
Panama Pacific Exposition half dollar coin;
(ii) with an obverse depicting Columbia
scattering flowers from a cornucopia held by a
small child towards a sunset on the Golden Gate
(prior to the construction of the now famous
bridge), which was designed by the Mint's then-
Chief Engraver, Charles Barber; and
(iii) with a reverse depicting an eagle
resting on the union shield with an oak branch
to its left, for stability and strength, and an
olive branch to its right, for peace, credited
to Barber's assistant George T. Morgan,
designer of the Morgan dollar.
(3) 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--
(i) depicted in Roman numerals
(``MMXVII''), in the case of the $5 and half
dollar coins; and
(ii) ``2017'', in the case of the $1 coins
and the two and one-half dollar gold coins; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. CIRCULATING COIN.
(a) In General.--The Secretary may issue circulating clad half
dollar coins, as described under section 5112 of title 31, United
States Code, in the same design as described for the half dollar silver
coins under section 4(a)(2)(D).
(b) Limitation.--If the Secretary issues such circulating half
dollar coins, the Secretary--
(1) may issue them in no more than 5 consecutive calendar
years, beginning in calendar year 2017; and
(2) shall ensure that, of the total number of half dollar
coins issued in any such calendar year, not more than half of
such coins are made up of the half dollar coins issued pursuant
to this section.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act, other than coins described under section 5, only during
the 1-year period beginning on January 1, 2017.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act, other than coins
described under section 5, shall be sold by the Secretary at a price
equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 8(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act, other than coins described under section 5, at a
reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act, other than coins described
under section 5, 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. 8. SURCHARGES.
(a) In General.--All sales of coins issued under this Act, other
than coins described under section 5, shall include a surcharge of--
(1) $35 per coin for the $5 coins;
(2) $20 per coin for the two and one-half dollar coin;
(3) $15 per coin for the $1 coin; and
(4) $10 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act, other than coins described under
section 5, shall be promptly paid by the Secretary to the San Francisco
Museum and Historical Society for the design and construction of
appropriate exhibitions in the San Francisco Museum and Historical
Society, including the necessary adaptive reuse of the Old Mint,
commemorating the Panama-Pacific International Exposition, as well as
the development of appropriate exhibitions at the Palace of Fine Arts
on the grounds of the former Panama-Pacific International Exposition.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of each of the organizations referred to in subsection (b) as may
be related to the expenditures of amounts paid under such subsection.
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act, other than
coins described under section 5, of any coin during a calendar year if,
as of the time of such issuance, the issuance of such coin would result
in the number of commemorative coin programs issued during such year to
exceed the annual 2 commemorative coin program issuance limitation
under section 5112(m)(1) of title 31, United States Code (as in effect
on the date of the enactment of this Act). The Secretary of the
Treasury may issue guidance to carry out this subsection. | Panama Canal and Pan-Pacific Exhibition Centennial Celebration Act - Directs the Secretary of the Treasury to mint and issue in commemoration of the centennial of the Panama-Pacific International Exposition and the Panama Canal: (1) $5 octagonal gold coins, (2) $5 round gold coins, (3) $2.50 gold coins, (4) $1 gold coins, and (5) half-dollar silver coins. Urges that the coin designs be close likenesses of the five coins issued by the San Francisco Mint at the opening of the Pan-Pacific Exposition. Prescribes design requirements. Authorizes the Secretary to issue circulating clad half dollar coins, in the same design as for the half dollar silver coins. Limits the issue to five consecutive calendar years. Restricts the issuance of certain coins to the one-year period beginning on January 1, 2017. Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be paid by the Secretary to the San Francisco Museum and Historical Society for the design and construction of appropriate exhibitions in the San Francisco Museum and Historical Society. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``True American Heroes Act of 2003''.
TITLE I--MEDALS FOR RESPONDERS AND RESISTERS
SEC. 101. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND
PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
State and local government agencies, including the Port Authority of
New York and New Jersey, and of the United States Government and
others, who responded to the attacks on the World Trade Center in New
York City, and perished in the tragic events of September 11, 2001
(including those who are missing and presumed dead), the Speaker of the
House and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design for each such officer,
emergency worker, employee, or other individual to the next of kin or
other personal representative of each such officer, emergency worker,
employee, or other individual.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike gold
medals with suitable emblems, devices, and inscriptions to be
determined by the Secretary to be emblematic of the valor and heroism
of the men and women honored.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with
appropriate representatives of Federal, State, and local officers and
agencies and the Port Authority of New York and New Jersey.
(d) Duplicative Gold Medals for Departments and Duty Stations.--
(1) In general.--The Secretary of the Treasury shall strike
duplicates in gold of the gold medals struck pursuant to
subsection (a) for presentation to each of the following, for
permanent display in the respective offices, houses, stations,
or places of employment:
(A) The Governor of the State of New York.
(B) The Mayor of the City of New York.
(C) The Commissioner of the New York Police
Department, the Commissioner of the New York Fire
Department, the head of emergency medical services for
the City of New York, and the Chairman of the Board of
Directors of the Port Authority of New York and New
Jersey.
(D) Each precinct house, fire house, emergency
response station, or other duty station or place of
employment to which each person referred to in
subsection (a) was assigned on September 11, 2001, for
display in each such place in a manner befitting the
memory of such persons.
(e) Duplicate Bronze Medals.--Under such regulations as the
Secretary may prescribe, the Secretary may strike and sell duplicates
in bronze of the gold medal struck under subsection (a) at a price
sufficient to cover the costs of the bronze medals (including labor,
materials, dies, use of machinery, and overhead expenses) and the cost
of the gold medal.
(f) Use of the United States Mint at West Point, New York.--It is
the sense of the Congress that the medals authorized under this section
should be struck at the United States Mint at West Point, New York, to
the greatest extent possible.
SEC. 102. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES
FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE
PLANE TO CRASH.
(a) Congressional Findings.--The Congress finds as follows:
(1) On September 11, 2001, United Airlines Flight 93,
piloted by Captain James Dahl, departed from Newark
International Airport at 8:01 a.m. on its scheduled route to
San Francisco, California, with 7 crew members and 38
passengers on board.
(2) Shortly after departure, United Airlines Flight 93 was
hijacked by terrorists.
(3) At 10:37 a.m. United Airlines Flight 93 crashed near
Shanksville, Pennsylvania.
(4) Evidence indicates that people aboard United Airlines
Flight 93 learned that other hijacked planes had been used to
attack the World Trade Center in New York City and resisted the
actions of the hijackers on board.
(5) The effort to resist the hijackers aboard United
Airlines Flight 93 appears to have caused the plane to crash
prematurely, potentially saving hundreds or thousands of lives
and preventing the destruction of the White House, the Capitol, or
another important symbol of freedom and democracy.
(6) The leaders of the resistance aboard United Airlines
Flight 93 demonstrated exceptional bravery, valor, and
patriotism, and are worthy of the appreciation of the people of
the United States.
(b) Presentation of Congressional Gold Medals Authorized.--In
recognition of heroic service to the Nation, the Speaker of the House
and the President pro tempore of the Senate shall make appropriate
arrangements for the presentation, on behalf of the Congress, of a gold
medal of appropriate design for each passenger or crew member on board
United Airlines Flight 93 who is identified by the Attorney General as
having aided in the effort to resist the hijackers on board the plane
to the next of kin or other personal representative of each such
individual.
(c) Design and Striking.--For the purpose of the presentation
referred to in subsection (b), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(d) Duplicate Medals.--Under such regulations as the Secretary of
the Treasury may prescribe, the Secretary may strike and sell
duplicates in bronze of the gold medals struck under subsection (b) at
a price sufficient to cover the cost of the bronze medals (including
labor, materials, dies, use of machinery, and overhead expenses) and
the cost of the gold medals.
SEC. 103. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE PENTAGON AND PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
the United States Government, who responded to the attacks on the
Pentagon Washington, D.C. and perished in the tragic events of
September 11, 2001 (including those who are missing and presumed dead)
the Speaker of the House and the President pro tempore of the Senate
shall make appropriate arrangements for the presentation, on behalf of
the Congress, of a gold medal of appropriate design for each such
officer, emergency worker, or employee to the next of kin or other
personal representative of each such officer, emergency worker, or
employee.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with the
Secretary of Defense and any other appropriate representative of
Federal, State, and local officers and agencies.
SEC. 104. NATIONAL MEDALS.
The medals struck under this title are national medals for purposes
of chapter 51 of title 31, United States Code.
TITLE II--SPIRIT OF AMERICA COMMEMORATIVE COINS
SEC. 201. FINDINGS.
The Congress finds as follows:
(1) On September 11, 2001, the United States suffered the
worst act of terrorism in its history.
(2) The more than 6,000 people who lost their lives as a
result of the terrorist attacks that occurred in New York City,
at the Pentagon, and in Pennsylvania on September 11, 2001,
will not be forgotten.
(3) Hundreds of emergency personnel responded heroically to
the crisis and lost their lives as a result.
(4) People from everywhere in the United States responded
to the crisis with an outpouring of support for the victims of
the terrorist attacks and their families.
(5) The civilized world stands with strength and fortitude
in opposition to the cowardly terrorist attacks against the
United States that occurred on September 11, 2001.
(6) It is essential to remember not only the tragedy of the
attacks, but also the strength and resolve demonstrated by the
people of the United States in the aftermath of the attacks.
(7) The minting of coins in commemoration of the Spirit of
America will pay tribute to the countless heroes who risked
their lives during the terrorist attacks and in their aftermath
so that others may live and to a united people whose belief in
freedom, justice, and democracy has never swayed.
SEC. 202. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the Spirit of America, the
Secretary of the Treasury (hereafter in this title referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $50 gold coins.--Such number of 50 dollar coins as the
Secretary determines under subsection (b), which shall--
(A) weigh 1 ounce;
(B) have a diameter of 1.287 inches; and
(C) contain 91.67 percent gold and 8.33 percent
alloy.
(2) $1 silver coins.--Such number of 1 dollar coins as the
Secretary determines appropriate to meet demand, which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Such number of half dollar
coins as the Secretary determines appropriate to meet demand,
which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Number of Gold Coins.--
(1) In general.--The number of gold coins minted and issued
under this title shall equal the sum of 25,000 and the number
determined under paragraph (2).
(2) Determination of number.--The Secretary, in
consultation with the Attorney General of the United States and
the Governors of New York, Pennsylvania, and Virginia shall
determine the number of innocent individuals confirmed or
presumed to have been killed as a result of the terrorist
attacks against the United States that occurred on September
11, 2001, and shall identify such individuals. The Secretary,
under subsection (a)(1), shall mint and issue a number of 50
dollar coins equal to the number of such individuals.
(c) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.
(e) Sources of Bullion.--For the purpose of minting coins under
this title, the Secretary may only use metals that are from natural
deposits in the United States or any territory or possession of the
United States.
(f) Special Treatment Under Exigent Circumstances.--
(1) Findings.--The Congress finds as follows:
(A) The limitations contained in paragraphs (1) and
(2)(A) of section 5112(m) of title 31, United States
Code, and section 5134(f)(1)(B) of such title have well
served, and continue to serve, their purpose of
bringing greater stability to the markets for
commemorative coins, maximizing demand and
participation in such programs, and ensuring that such
programs have a broad base of private support and are
not used as the primary means of fundraising by
organizations that are the recipients of surcharges.
(B) The shocking circumstances of September 11,
2001, the broad base of public interest in showing the
Spirit of America and participating in the raising of
funds for the victims of the crimes committed on that
date, and the importance of implementing this coin
program as quickly as possible, notwithstanding the
limitations contained in such paragraphs, justify
exempting the coins produced under this title from such
limitations.
(2) Exemption.--Paragraphs (1) and (2) of section 5112(m)
of title 31, United States Code, and section 5134(f)(1)(B) of
such title shall not apply to coins authorized under this
title.
SEC. 203. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this title
shall be emblematic of the tragic events that occurred at the Pentagon,
in New York City, and in Pennsylvania, on September 11, 2001.
(b) Designation and Inscriptions.--On each coin minted under this
title there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the date ``September 11, 2001'' (and
such coin shall bear no other date); and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this title
shall be selected by the Secretary after consultation with the
Commission of Fine Arts.
SEC. 204. STRIKING AND ISSUANCE OF COINS.
(a) Quality of Coins.--
(1) In general.--Except as provided under paragraph (2),
coins minted under this title shall be issued in uncirculated
quality.
(2) Gold coins.--50 dollar coins minted under section
202(a)(1) shall be issued only in proof quality.
(b) Mint Facility.--
(1) In general.--Except as provided under paragraph (2),
only 1 facility of the United States Mint may be used to strike
any particular quality of the coins minted under this title.
(2) Clad coins.--Any number of facilities of the United
States Mint may be used to strike the half dollar coins minted
under section 202(a)(3).
(c) Period for Issuance.--The Secretary--
(1) shall commence issuing coins minted under this title as
soon as possible after the date of the enactment of this Act;
and
(2) shall not issue any coins after the end of the 1-year
period beginning on the date such coins are first issued.
SEC. 205. SALE OF COINS.
(a) Sale Price.--The coins issued under section 202(a) (other than
the 50 dollar gold coins referred to in subsection (d)) shall be sold
by the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharges required by section 206(a) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under section 202(a) at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under section 202(a).
The sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Gold Coins.--Notwithstanding section 204(c)(2), the Secretary
shall issue a 50 dollar coin minted under section 202(a)(1) for
presentation free of charge to the next of kin or personal
representative of each individual identified under section 202(b). The
Speaker of the House of Representatives and the President Pro Tempore
of the Senate shall make appropriate arrangements for the presentation,
on behalf of the Congress, of such gold coins.
SEC. 206. SURCHARGES ON SALE OF COINS.
(a) Assessment.--Any sale by the Secretary of a coin minted under
this title shall include a surcharge of an amount determined by the
Secretary to be sufficient to cover the cost of the gold coins minted
under section 202(a)(1) (including labor, materials, dies, use of
machinery, overhead expenses, and shipping) for presentment in
accordance with section 205(d), which charge may not be less than--
(1) $100 per coin for the 50 dollar gold coins;
(2) $10 per coin for the 1 dollar coin; and
(3) $5 per coin for the half dollar coin.
(b) Distribution of Excess Proceeds.--Any proceeds from the
surcharges received by the Secretary from the sale of coins issued
under this title in excess of the cost of producing all coins issued
under this title (including coins issued for individuals identified
pursuant to section 202(b)(2)) shall be--
(1) used to cover the costs incurred in the production of
gold medals under title I that have not been recovered from the
sale of duplicate bronze medals under such title; and
(2) with respect to any amount remaining after the costs
described in paragraph (1) are covered, transferred to any fund
for victims of the tragedies of September 11, 2001, that the
Secretary of the Treasury and the Attorney General jointly
determine to be appropriate. | True American Heroes Act of 2003 - Authorizes the posthumous award of congressional gold medals to the government workers and others who responded to the attacks on the World Trade Center in New York City and the Pentagon in Virginia and perished in the tragic events of September 11, 2001, and to the people aboard United Airlines Flight 93 who helped resist the hijackers on board and caused the plane to crash.Directs the Secretary of the Treasury to mint and issue $50 dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Performers Protection Act of
2015''.
SEC. 2. PROTECTIONS FOR CHILD PERFORMERS.
(a) Application of Child Labor Provisions.--Section 13(c)(3) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)(3)) is amended to
read as follows:
``(3)(A) The provisions of section 12 relating to child
labor shall not apply to any child performer if employment or
contracting of the child performer is in accordance with the
following:
``(i)(I) An infant who has not reached six months
of age may be permitted to remain at the place of
employment or contracting for no more than 2 hours.
``(II) A child performer age six months to twenty-
four months may be permitted to remain at the place of
employment or contracting for no more than 4 hours a
day.
``(III) A child performer age 2 years to 6 years
may be permitted to remain at the place of employment
or contracting for no more than 6 hours a day.
``(IV) A child performer age 6 years to 9 years may
be permitted to remain at the place of employment or
contracting for no more than 8 hours per day.
``(V) A child performer age 9 years to 16 years may
be permitted to remain at the place of employment or
contracting for no more than 9 hours per day.
``(ii) An employer or contractor may not employ any
child performer unless a trust account has been
established on behalf of the child performer and the
employer has obtained the account number of such trust
account or other proof of the existence of the trust
account. A trust account described in this clause is
one in which--
``(I) not less than 15 percent of the
earnings of the child performer shall be
deposited;
``(II) the child performer has no access to
the funds in the account until the child
performer reaches the age of 18; and
``(III) the parents or legal guardians of
the child performer shall have no access to the
trust account except in circumstances of
financial hardship stipulated in the agreement
with the financial institution providing the
trust account, which stipulations shall be in
accordance with regulations issued by the
Secretary.
``(iii) An employer or contractor may not provide
compensation to any child performer in any other form
other than cash wages, exclusive of board, lodging, or
facilities.
``(B) Employment or contracting of a child performer that
is not in accordance with limitations and requirements of
clauses (i) through (iii) of subparagraph (A) shall be treated
as oppressive child labor for purposes of section 12.
``(C) The work hour restrictions set forth in clause (i) of
subparagraph (A) shall not apply to child performers employed
in a live theatrical production, including theater, opera, and
dance.''.
(b) Conforming Amendments.--Section 3 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203) is amended--
(1) in subsection (l), by adding at the end the following:
``For purposes of this subsection only, the term `employer'
includes any person who contracts with a child performer who is
an independent contractor, the term `employee' includes a child
performer who is an independent contractor, and the term
`employment' includes an independent contract between any
person and a child performer.''; and
(2) by adding at the end the following:
``(z) Child Performer.--The term `child performer' means a child
under the age of 18 employed or contracted as an actor or performer in
a motion picture or live theatrical production, or in a radio or
television production, or as a model for a fashion show, showroom, or
similar production or for commercial media.''.
SEC. 3. LIABILITY FOR SEXUAL HARASSMENT OF CHILD PERFORMERS.
(a) Unlawful Harassment on the Basis of Sex Against a Child
Performer.--It shall be unlawful sex discrimination for any individual
in a supervisory role with respect to a child performer to engage in
any conduct constituting harassment on the basis of sex against the
child performer.
(b) Liability.--Any individual in a supervisory role with respect
to a child performer shall be liable for unlawful sex discrimination
for harassment on the basis of sex against a child performer in
violation of subsection (a) whether or not such individual is employed
by or contracted by a covered employer or contractor.
(c) Right of Action.--Any child performer aggrieved by a violation
of subsection (a), or a parent or guardian of such child performer may
bring a civil action in any Federal court of competent jurisdiction to
recover from an individual who violates such subsection with respect to
such child performer, equitable relief and compensatory and punitive
damages, costs, and attorneys fees.
(d) Definitions.--As used in this Act--
(1) the term ``child performer'' has the meaning given such
term in section 3(z) of the Fair Labor Standards Act of 1938
(as added by section 2);
(2) the term ``covered employer or contractor'' means an
employer or other entity that employs or contracts with a child
performer;
(3) the term ``harassment on the basis of sex'' with
respect to a child performer means any verbal or physical
conduct of a sexual nature where--
(A) submission to such conduct is made implicitly a
term or condition of a child performer's employment or
contract, or is used as the basis for decisions
affecting the child performer's employment or contract;
or
(B) such conduct has the purpose or effect of
interfering with a child performer's performance, or
creates an intimidating, hostile, or offensive working
environment; and
(4) the term ``individual in a supervisory role with
respect to a child performer'' means an employee or independent
contractor of an employer or other entity that employs or
contracts with a child performer who has direct supervision
over the child performer or is responsible for working with the
child performer in any capacity in furtherance of the
performance or artistic expression of the child performer,
including an agent, manager, casting director, child wrangler,
director, photographer or cinematographer, makeup artist, and
wardrobe assistant.
SEC. 4. REVIEW OF POLICIES AND PROCEDURES BY EMPLOYERS.
In any case where a violation of section 3(a) is alleged, the
employer of the individual or individuals alleged to have committed the
violation shall conduct an internal review of its policies and
procedures for protecting child performers and ensuring compliance with
section 13(c)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(c)(3)), as amended by section 2.
SEC. 5. RELATIONSHIP TO STATE LAW AND COLLECTIVE BARGAINING AGREEMENTS.
(a) State Law.--This Act and the amendments made by this Act shall
not be construed to preempt any law or regulation of a State or a
political subdivision of a State containing requirements that are
greater than the requirements of this Act and the amendments made by
this Act.
(b) Collective Bargaining Agreements.--This Act and the amendments
made by this Act shall not be construed to preempt any collective
bargaining agreement or any contract that establishes more stringent
requirements. | Child Performers Protection Act of 2015 This bill amends the Fair Labor Standards Act of 1938 to revise the application of child labor requirements and prohibitions with respect to child performers to specify new limitations on the number of hours such children may be employed at the place of employment. An employer or contractor may not: (1) employ any child performer unless a trust meeting specified requirements has been established on the child performer's behalf and the employer has obtained the account number of the trust account or other proof of its existence; or (2) compensate a child performer in any form besides cash wages, exclusive of board, lodging, or facilities. Any employment or contracting of a child performer that is not in accordance with such limitations and requirements shall be treated as oppressive labor. Certain work hour restrictions shall not apply to child performers employed in a live theatrical production. Any individual in a supervisory role with respect to a child performer shall be liable for unlawful discrimination on the basis of sex against a child performer whether or not the individual is employed by or contracted by a covered employer or contractor. Any child performer aggrieved by unlawful harassment on the basis of sex, or the performer's parent or guardian, may bring a civil action in any federal court of competent jurisdiction to recover equitable relief and compensatory and punitive damages, costs, and attorneys fees. The employer of an individual who is alleged to have engaged in unlawful harassment on the basis of sex against a child performer shall conduct an internal review of its policies and procedures for protecting child performers and ensuring appropriate compliance with the Fair Labor Standards Act of 1938. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Public Alert and Warning
System Modernization Act of 2013''.
SEC. 2. FINDINGS.
Congress finds that--
(1) numerous proven and tested technologies exist to enable
the Federal Government to enhance its dissemination of public
alerts and warnings;
(2) the expected benefits of these enhancements include--
(A) greater security, reliability, and redundancy
of the Federal Government's alert and warning
capabilities;
(B) rapid alert dissemination;
(C) an improved ability to notify remote locations;
and
(D) the ability to geographically target and
deliver alerts and warnings through multiple
communication modes;
(3) there is a need to test the viability of delivering
messages through diverse communications modes to effectively
alert and warn the public;
(4) there is a need to modernize and improve the ability of
the Federal Government to provide residents of the United
States with timely and effective warnings; and
(5) although significant Federal integration efforts are
underway, the aggregation, dissemination, and reporting system
necessary for effective public alert and warning will require
an integrated national network for reliable, secure, and
authentic dissemination of emergency alerts and warnings by
Federal, State, local, and tribal entities that are authorized
to issue alerts to the public.
SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
(a) In General.--
(1) Amendment.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end of
the following new section:
``SEC. 526. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
``(a) In General.--In order to provide timely and effective
warnings and disseminate homeland security information and other
information, the Secretary shall, considering the recommendations of
the advisory committee established under subsection (d), modernize and
implement the national integrated public alert and warning system (in
this section referred to as `the public alert and warning system').
``(b) Implementation Requirements.--In carrying out subsection (a),
the Secretary shall--
``(1) establish or adapt, as appropriate, common alerting
and warning protocols, standards, terminology, and operating
procedures for the public alert and warning system;
``(2) include in the public alert and warning system the
capability to adapt the dissemination of homeland security
information and other information and the content of
communications on the basis of geographic location, risks, or
personal user preferences, as appropriate;
``(3) include in the public alert and warning system the
capability to alert, warn, and provide the equivalent amount of
information to individuals with disabilities and access and
functional needs;
``(4) ensure the conduct of training, tests, and exercises
for the public alert and warning system, and that the system is
incorporated into other training and exercise programs of the
Department, as appropriate;
``(5) ensure that ongoing training, integrated into the
National Incident Management System, for receiving and
disseminating public alert and warning system messages
utilizing advanced technologies is provided to State, local,
tribal, and other homeland security stakeholders involved in
the transmission of such messages;
``(6) ensure that the public alert and warning system uses
the National Terrorism Advisory System, including ensuring that
the National Terrorism Advisory System participates in tests of
the public alert and warning system;
``(7) conduct, at least once every 3 years, periodic
nationwide tests of the public alert and warning system; and
``(8) consult, coordinate, and cooperate, to the extent
practicable, with other Federal agencies and departments and
with State, local, and tribal governments, the private sector,
and other key stakeholders to leverage existing alert and
warning capabilities.
``(c) System Requirements.--The Secretary shall ensure that the
system--
``(1) incorporates redundant and diverse modes to
disseminate homeland security information and other information
in warning messages to the public so as to reach the greatest
number of individuals;
``(2) can be adapted to incorporate future technologies;
``(3) is resilient, secure, and can withstand acts of
terrorism and other external attacks;
``(4) promotes State, local, tribal, and regional
partnerships to enhance coordination;
``(5) is designed to provide alerts that are accessible to
the largest portion of the affected population feasible,
including nonresident visitors and tourists and individuals
with disabilities and access and functional needs;
``(6) is designed to improve the ability of remote areas
and areas with underdeveloped telecommunications infrastructure
to receive alerts; and
``(7) includes mechanisms to ensure the protection of
individual privacy.
``(d) Integrated Public Alert and Warning System Modernization
Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Integrated Public Alert and Warning System
Modernization Act of 2013, the Secretary shall establish an
advisory committee to be known as the Integrated Public Alert
and Warning System Advisory Committee (in this subsection
referred to as the `Advisory Committee').
``(2) Membership.--The Advisory Committee shall be composed
of the following members:
``(A) The Chairman of the Federal Communications
Commission (or the Chairman's designee).
``(B) The Administrator of the National Oceanic and
Atmospheric Administration (or the Administrator's
designee).
``(C) The Assistant Secretary for Communications
and Information of the Department of Commerce (or the
Assistant Secretary's designee).
``(D) The Under Secretary for Science and
Technology of the Department of Homeland Security.
``(E) The Director of the Office of Disability
Integration and Coordination of the Federal Emergency
Management Agency.
``(F) The following members, to be appointed by the
Secretary as soon as practicable after the date of
enactment of the Integrated Public Alert and Warning
System Modernization Act of 2013:
``(i) Representatives of State and local
governments, representatives of emergency
management agencies, representatives of
emergency response providers, and
representatives of emergency communication
providers, selected from among individuals
nominated by national organizations
representing governments and personnel.
``(ii) Representatives from federally
recognized Indian tribes and national Indian
organizations.
``(iii) Individuals who have the requisite
technical knowledge and expertise to serve on
the Advisory Committee, including
representatives of--
``(I) communications service
providers;
``(II) vendors, developers, and
manufacturers of systems, facilities,
equipment, and capabilities for the
provision of communications services;
``(III) third-party service
bureaus;
``(IV) the broadcasting industry;
``(V) the cellular industry;
``(VI) the cable industry;
``(VII) the satellite industry;
``(VIII) national organizations
representing individuals with
disabilities and access and functional
needs, and the elderly; and
``(IX) national organizations
representing educational institutions,
including higher education.
``(iv) Qualified representatives of such
other stakeholders and interested and affected
parties as the Secretary considers appropriate.
``(3) Chairperson.--The Secretary (or the Secretary's
designee) shall serve as the Chairperson of the Advisory
Committee.
``(4) Meetings.--
``(A) Initial meeting.--The initial meeting of the
Advisory Committee shall take place not later than 120
days after the date of enactment of the Integrated
Public Alert and Warning System Modernization Act of
2013.
``(B) Other meetings.--After the initial meeting,
the Advisory Committee shall meet, at least annually,
at the call of the Chairperson.
``(C) Notice; open meetings.--Meetings held by the
Advisory Committee shall be duly noticed at least 14
days in advance and shall be open to the public.
``(5) Rules.--The Advisory Committee may adopt such rules
as are necessary to carry out its duties.
``(6) Consultation with nonmembers.--The Advisory Committee
and the program office for the integrated public alert and
warning system of the United States shall regularly meet with
groups that are not represented on the Advisory Committee to
consider new and developing technology that may be beneficial
to the public alert and warning system, such as--
``(A) the Defense Advanced Research Projects
Agency;
``(B) entities engaged in federally funded
research; and
``(C) academic institutions engaged in relevant
work and research.
``(7) Recommendations.--The Advisory Committee shall
develop and submit in the annual reports under paragraph (8)
recommendations for the continuation and improvement of an
integrated public alert and warning system, including--
``(A) recommendations for common alerting and
warning protocols, standards, terminology, and
operating procedures for the public alert and warning
system;
``(B) an assessment of the accomplishments and
deficiencies of the public alert and warning system, as
well as the impact on current alert and warning
systems;
``(C) recommendations for increasing participation
in the system, particularly among elementary,
secondary, and higher education institutions; and
``(D) recommendations for improvements to the
system, including recommendations to provide for a
public alert and warning system that--
``(i) has the capability to adapt the
distribution and content of communications on
the basis of geographic location, risks,
multiple communication systems and technologies
or personal user preferences, as appropriate;
``(ii) has the capability to alert and warn
individuals with disabilities and access and
functional needs and individuals with limited
English proficiency;
``(iii) incorporates multiple
communications technologies;
``(iv) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
``(v) encourages proper use by State and
local governments of the public alert and
warning system through training programs and
other means;
``(vi) is designed to provide alerts to the
largest portion of the affected population
feasible, including nonresident visitors and
tourists, and improve the ability of remote
areas to receive alerts;
``(vii) promotes local and regional public
and private partnerships to enhance community
preparedness and response;
``(viii) promotes the participation of
representatives from underserved and
underrepresented communities, to ensure that
alerts and warnings reach such populations; and
``(ix) provides redundant alert mechanisms
where practicable so as to reach the greatest
number of people regardless of whether they
have access to, or utilize, any specific medium
of communication or any particular device.
``(8) Report.--Not later than 1 year after the date of
enactment of the Integrated Public Alert and Warning System
Modernization Act of 2013, and every year after, the Advisory
Committee shall submit to the Secretary a report containing the
recommendations of the Advisory Committee.
``(9) Federal advisory committee act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act shall apply to the
Advisory Committee.
``(e) Report.--Not later than 1 year after the date on which the
system established under subsection (a) is fully functional and every
six months thereafter, 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, a report on
the functionality and performance of the integrated public alert and
warning system, including--
``(1) the findings of the most recent Advisory Committee
report under subsection (d)(8);
``(2) an assessment of the accomplishments and deficiencies
of the system;
``(3) recommendations for improvements to the system; and
``(4) information on the feasibility and effectiveness of
disseminating homeland security information and other
information, notices, and alerts prior to and following an
incident requiring use of the system.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $13,400,000 for
each of fiscal years 2014 and 2015.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such title the following:
``Sec. 526. National integrated public alert and warning system
modernization.''.
(b) Limitation on Statutory Construction.--
(1) In general.--Nothing in this Act (including the
amendment made by this Act) shall be construed--
(A) to affect the authority of the Department of
Commerce, the authority of the Federal Communications
Commission, or the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(B) to provide the Secretary of Homeland Security
authority to require any action by the Federal
Communications Commission, the Department of Commerce,
or any nongovernment entity, or to affect any existing
obligations of those entities; or
(C) to apply to, or provide the Administrator of
the Federal Emergency Management Agency any authority
over, any participating commercial mobile service
provider.
(2) Participating commercial mobile service provider
defined.--For purposes of this subsection, the term
``participating commercial mobile service provider'' has the
same meaning as such term has in section 10.10(f) of title 47,
Code of Federal Regulations, as in effect on the date of the
enactment of this Act.
(c) Homeland Security Grants.--Section 2008(a) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) improving public alert and warning capabilities;
and''. | Integrated Public Alert and Warning System Modernization Act of 2013 - Amends the Homeland Security Act of 2002 (HSA) to direct the Secretary of Homeland Security to modernize and implement the national integrated public alert and warning system, including by: (1) establishing or adapting common alerting and warning protocols, standards, terminology, and operating procedures; (2) including the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or personal user preferences and the capability to alert, warn, and provide the equivalent amount of information to individuals with disabilities and access and functional needs; (3) ensuring the conduct of training, tests, and exercises for the system that are incorporated into other training and exercise programs of the Department of Homeland Security (DHS); (4) ensuring that ongoing training, integrated into the National Incident Management System, for receiving and disseminating public alert and warning system messages utilizing advanced technologies is provided to state, local, tribal, and other homeland security stakeholders; (5) ensuring that the system uses the National Terrorism Advisory System; (6) conducting periodic nationwide tests of the system at least once every three years; and (7) consulting, coordinating, and cooperating with other federal agencies and with state, local, and tribal governments, the private sector, and other key stakeholders to leverage existing alert and warning capabilities. Requires the Secretary to ensure that the system: (1) incorporates redundant and diverse modes to disseminate warning messages to reach the greatest number of individuals; (2) can be adapted to incorporate future technologies; (3) is resilient, secure, and can withstand acts of terrorism and other external attacks; (4) promotes state, local, tribal, and regional partnerships to enhance coordination; (5) is designed to provide alerts that are accessible to the largest portion of the affected population feasible and to improve the ability of remote areas and areas with underdeveloped telecommunications infrastructure to receive alerts; and (6) includes mechanisms to ensure the protection of individual privacy. Directs the Secretary to establish the Integrated Public Alert and Warning System Advisory Committee, which shall submit annual recommendations for the continuation and improvement of such system. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to permit the use of homeland security grant funds to improve public alert and warning capabilities. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Natural Disaster
Student Aid Fairness Act''.
(b) References.--References in this Act to ``the Act'' are
references to the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
SEC. 2. ALLOCATION AND USE OF CAMPUS-BASED HIGHER EDUCATION ASSISTANCE.
(a) Waiver of Matching Requirements.--Notwithstanding sections
413C(a)(2), 443(b)(5), and 463(a)(2) of the Act (20 U.S.C. 1070b-
2(a)(2); 42 U.S.C. 2753(b)(5); 20 U.S.C. 1087cc(a)(2)), with respect to
funds made available for academic years 2004-2005 and 2005-2006--
(1) in the case of an institution of higher education located
in an area affected by a Gulf hurricane disaster, the Secretary
shall waive the requirement that a participating institution of
higher education provide a non-Federal share or a capital
contribution, as the case may be, to match Federal funds provided
to the institution for the programs authorized pursuant to subpart
3 of part A, part C, and part E of title IV of the Act; and
(2) in the case of an institution of higher education that has
accepted for enrollment any affected students, the Secretary may
waive that matching requirement after considering the institution's
student population and existing resources, using consistent and
objective criteria.
(b) Waiver of Reallocation Rules.--
(1) Authority to reallocate.--Notwithstanding sections 413D(d),
442(d), and 462(I) of the Act (20 U.S.C. 1070b-3(d); 42 U.S.C.
2752(d); 20 U.S.C. 1087bb(I)), the Secretary shall--
(A) reallocate any funds returned under any of those
sections that were allocated to institutions of higher
education for award year 2004-2005 to an institution of higher
education that is eligible under paragraph (2) of this
subsection; and
(B) waive the allocation reduction for award year 2006-2007
for an institution returning more than 10 percent of its
allocation under any of those sections.
(2) Eligible institutions for reallocation.--An institution of
higher education may receive a reallocation of excess allocations
under this subsection if the institution--
(A) participates in the program for which excess
allocations are being reallocated; and
(B)(i) is located in an area affected by a Gulf hurricane
disaster; or
(ii) has accepted for enrollment any affected students in
academic year 2005-2006.
(3) Basis of reallocation.--The Secretary shall determine the
manner in which excess allocations shall be reallocated to
institutions under paragraph (1), and shall give additional
consideration to the needs of institutions located in an area
affected by a Gulf hurricane disaster.
(4) Additional waiver authority.--Notwithstanding any other
provision of law, in order to carry out this subsection, the
Secretary may waive or modify any statutory or regulatory provision
relating to the reallocation of excess allocations under subpart 3
of part A, part C, or part E of title IV of the Act in order to
ensure that assistance is received by affected institutions for
affected students.
(c) Availability of Funds Date Extension.--Notwithstanding any
other provision of law--
(1) any funds available to the Secretary under sections 413A,
441, and 461 of the Act (20 U.S.C. 1070b; 42 U.S.C. 2751; 20 U.S.C.
1087aa) for which the period of availability would otherwise expire
on September 30, 2005, shall be available for obligation by the
Secretary until September 30, 2006 for the purposes of the programs
authorized pursuant to subpart 3 of part A, part C, and part E of
title IV of the Act, respectively; and
(2) the Secretary may recall any funds allocated to an
institution of higher education for award year 2004-2005 under
section 413D, 442, or 462 of the Act that, if not returned to the
Secretary as excess allocations pursuant to any of those sections,
would otherwise lapse on September 30, 2005, and reallocate those
funds in accordance with subsection (b)(1).
SEC. 3. EMERGENCY DESIGNATION.
Section 2 of this Act is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
SEC. 4. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective one year
after the date of the enactment of this Act.
SEC. 5. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Education.
(2) Affected student.--The term ``affected student'' means an
individual who has applied for or received student financial
assistance under title IV of the Act, and who--
(A) was enrolled or accepted for enrollment, as of August
29, 2005, at an institution of higher education in an area
affected by a Gulf hurricane disaster;
(B) was a dependent student enrolled or accepted for
enrollment at an institution of higher education that is not in
an area affected by a Gulf hurricane disaster, but whose
parents resided or were employed, as of August 29, 2005, in an
area affected by a Gulf hurricane disaster; or
(C) suffered direct economic hardship as a direct result of
a Gulf hurricane disaster, as determined by the Secretary using
consistent and objective criteria.
(3) Gulf hurricane disaster.--The term ``Gulf hurricane
disaster'' means a major disaster that the President declared to
exist, in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and
that was caused by Hurricane Katrina or Hurricane Rita.
(4) Area affected by a gulf hurricane disaster.--The term
``area affected by a Gulf hurricane disaster'' means a county or
parish, in an affected State, that has been designated by the
Federal Emergency Management Agency for disaster assistance for
individuals and households as a result of Hurricane Katrina or
Hurricane Rita.
(5) Affected state.--The term ``affected State'' means the
State of Alabama, Louisiana, Mississippi, or Texas.
(6) Institution of higher education.--The term ``institution of
higher education'' has the meaning given that term in section 102
of the Higher Education Act of 1965 (20 U.S.C. 1002).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Natural Disaster Student Aid Fairness Act - Authorizes, and in certain cases requires, the Secretary of Education to waive certain matching funds requirements and reallocation rules, and to extend the availability of certain funds, with respect to campus-based student assistance programs under the Higher Education Act of 1965, for institutions of higher education that: (1) are located in areas affected by a Gulf hurricane disaster caused by Hurricane Katrina or Hurricane Rita; or (2) have accepted for enrollment any students who were affected by such disaster. States that such students may be affected by reason of: (1) having been enrolled or accepted by an institution in the affected area; (2) being dependent on parents residing or employed in such an area; or (3) having suffered direct economic harm as a direct result of such disaster, as determined by the Secretary using consistent and objective criteria. | billsum_train |
Create a summary of the following text: SECTION 1. AUTHORIZATION TO CONVEY THE SURFACE ESTATE OF THE SAN
JACINTO DISPOSAL AREA IN GALVESTON, TEXAS.
Section 108 of the Energy and Water Development Appropriations Act,
1994 (33 U.S.C. 59hh) is amended to read as follows:
``Sec. 108. (a) In General.--The Secretary of the Army is
authorized to convey to the city of Galveston, Texas, the surface
estate of all or any part of a parcel of land containing approximately
605 acres known as the San Jacinto Disposal Area located on the east
end of Galveston Island, Texas, in the W.A.A. Wallace Survey, A-647 and
A-648, city of Galveston, Galveston County, Texas, being part of the
old Fort San Jacinto site (in this section referred to as the `Disposal
Area surface estate'), at the fair market value of the Disposal Area
surface estate to be determined in accordance with the provisions of
subsection (d). Such conveyance shall only be made by the Secretary of
the Army upon the agreement of the Secretary and the city as to all
compensation due herein.
``(b) Compensation for Conveyance.--
``(1) In general.--Upon receipt of compensation from the
city of Galveston, the Secretary shall convey the Disposal Area
surface estate, or any part of the Disposal Area surface
estate.
``(2) Conveyance of the disposal area surface estate.--If
the full Disposal Area surface estate is conveyed, the
compensation shall be--
``(A) conveyance to the Department of the Army of
the surface estate of a parcel of land containing
approximately 564 acres on Pelican Island, Texas, in
the Eneas Smith Survey, A-190, Pelican Island, city of
Galveston, Galveston County, Texas, adjacent to
property currently owned by the United States (in this
section referred to as the `Pelican Island surface
estate'), with the fair market value of the Pelican
Island surface estate being determined in accordance
with subsection (d); and
``(B) payment to the United States of an amount
equal to the difference between the fair market value
of the Disposal Area surface estate and the fair market
value of the Pelican Island surface estate.
``(3) Conveyance of part of the disposal area surface
estate.--If the conveyance is 125 acres or less, compensation
shall be an amount equal to the fair market value of the part
of the Disposal Area surface estate to be conveyed, with the
fair market value of the part of the Disposal Area surface
estate to be conveyed being determined in accordance with
subsection (d).
``(c) Disposition of Spoil.--Costs of maintaining the Galveston
Harbor and Channel will continue to be governed by the Local
Cooperation Agreement (LCA) between the United States of America and
the city of Galveston dated October 18, 1973, as amended. Upon
conveyance of the Disposal Area surface estate, or any part of the
Disposal Area surface estate, the Department of the Army shall be
compensated directly for the present value of the total costs to the
Department for disposal of dredge material and site preparation
pursuant to the LCA, if any, in excess of the present value of the
total costs that would have been incurred if this conveyance had not
been made.
``(d) Determination of Fair Market Value.--The fair market value of
the Disposal Area surface estate or the part of the Disposal Area
surface estate to be conveyed and the Pelican Island surface estate
shall be determined by independent appraisers using the market value
method.
``(e) Navigational Servitude.--
``(1) Declaration of nonnavigability; public interest.--
Unless the Secretary finds, after consultation with local and
regional public officials (including local and regional public
planning organizations), that the proposed projects to be
undertaken within the Disposal Area surface estate are not in
the public interest then, subject to paragraphs (2) and (3),
the Disposal Area surface estate is declared to be nonnavigable
waters of the United States.
``(2) Limits on applicability; regulatory requirements.--
The declaration under paragraph (1) shall apply only to those
parts of the Disposal Area surface estate which are or will be
bulkheaded and filled or otherwise occupied by permanent
structures, including marina facilities. All such work is
subject to all applicable Federal statutes and regulations
including, but not limited to, sections 9 and 10 of the Act of
March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), commonly
known as the Rivers and Harbors Appropriations Act of 1899,
section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344), and the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
``(3) Expiration date.--If, on October 28, 2013, any area
or part of the Disposal Area surface estate is not bulkheaded
or filled or occupied by permanent structures, including marina
facilities, in accordance with the requirements set out in
paragraph (2), or if work in connection with any activity
permitted in paragraph (2) is not commenced within 5 years
after issuance of such permits, then the declaration of
nonnavigability for such area or part thereof shall expire.
``(f) Survey and Study.--The Disposal Area surface estate and the
Pelican Island surface estate shall be surveyed and further legally
described prior to conveyance.''. | Amends the Energy and Water Development Appropriations Act, 1994 to authorize the conveyance of the surface estate of all or any part of the parcel of land containing the San Jacinto Disposal Area to the city of Galveston, Texas. Extends the date of expiration for a declaration of nonnavigability for any area or part of the Disposal Area surface estate that is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the regulatory requirements pertaining to such a declaration, as amended by this Act. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Oil Equity Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Iraq has 112 billion barrels of proven oil reserves
along with roughly 220 billion barrels of probable resources.
Only Saudi Arabia's oil reserves are larger. By far, the
majority of petroleum reserves (67%) are found in the Middle
East.
(2) The United States has 21 billion barrels of proven oil
reserves, twelfth highest in the world. United States proven
oil reserves have declined by almost 20% since 1990.
(3) The United States consumes 25% of the world's oil
supply, the largest share; yet it holds only 2.2 percent of the
world's proven oil reserves.
(4) Numerous foreign oil companies have preliminary
contracts to spend billions of dollars developing Iraqi oil
fields. These companies originate from Algeria, Australia,
Britain, Canada, China, France, India, Indonesia, Italy, Japan,
Malaysia, Netherlands, Russia, Spain, Turkey, and Vietnam.
(5) According to several news accounts, the Administration
is conferring with energy experts, industry executives, and
Iraqi opposition leaders on how to revive and expand Iraq's oil
fields after an invasion.
(6) United States Special Forces have been on the ground
inside Iraq since September of 2002 to monitor the oil fields
and rigs.
(7) During the first war in Iraq, oil prices rose to $41
per barrel, gasoline prices hit record levels, and oil
companies made record profits.
(8) According to Goldman Sachs, crude oil prices could
reach $45 per barrel as a result of a war in Iraq. The price of
oil has already increased $12 per barrel in the last year to
$33 per barrel.
SEC. 3. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 55--WINDFALL PROFIT ON CRUDE OIL AND PRODUCTS THEREOF
``Sec. 5886. Imposition of tax.
``SEC. 5886. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed an excise tax on the sale in the United
States of any crude oil or other taxable product a tax equal to the
applicable percentage of the windfall profit on such sale.
``(b) Definitions.--For purposes of this section--
``(1) Taxable product.--The term `taxable product' means
any fuel which is a product of crude oil.
``(2) Windfall profit.--The term `windfall profit' means,
with respect to any sale, so much of the profit on such sale as
exceeds a reasonable profit.
``(3) Applicable percentage.--The term `applicable
percentage' means--
``(A) 50 percent to the extent that the profit on
the sale exceeds 100 percent of the reasonable profit
on the sale but does not exceed 102 percent of the
reasonable profit on the sale,
``(B) 75 percent to the extent that the profit on
the sale exceeds 102 percent of the reasonable profit
on the sale but does not exceed 105 percent of the
reasonable profit on the sale, and
``(C) 100 percent to the extent that the profit on
the sale exceeds 105 percent of the reasonable profit
on the sale.
``(4) Reasonable profit.--The term `reasonable profit'
means the amount determined by the Reasonable Profits Board to
be a reasonable profit on the sale.
``(c) Liability for Payment of Tax.--The taxes imposed by
subsection (a) shall be paid by the seller.
``(d) Application of Section.--This section shall apply during the
period beginning on the date of the enactment of this section and
ending on the date that the President certifies to the Congress than no
members of the Armed Forces of the United States are in Iraq.''
(b) Reasonable Profits Board.--
(1) Establishment.--There is established an independent
board to be known as the ``Reasonable Profits Board''
(hereafter in this subsection referred to as the ``Board'').
(2) Duties.--The Board shall make reasonable profit
determinations for purposes of applying section 5886 of the
Internal Revenue Code of 1986 (relating to windfall profit on
crude oil, natural gas, and products thereof).
(3) Advisory committee.--The Board shall be considered an
advisory committee within the meaning of the Federal Advisory
Committee Act (5 U.S.C. App.).
(4) Appointment.--
(A) Members.--The Board shall be composed of 3
members appointed by the President of the United
States.
(B) Term.--Members of the Board shall be appointed
for a term of 3 years.
(C) Background.--The members shall have no
financial interests in any of the businesses for which
reasonable profits are determined by the Board.
(5) Pay and travel expenses.--
(A) Pay.--Notwithstanding section 7 of the Federal
Advisory Committee Act (5 U.S.C. App.), members of the
Board shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay 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
actual performance of duties vested in the Board.
(B) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with section 5702 and 5703 of title 5,
United States Code.
(6) Director of staff.--
(A) Qualifications.--The Board shall appoint a
Director who has no financial interests in any of the
businesses for which reasonable profits are determined
by the Board.
(B) Pay.--Notwithstanding section 7 of the Federal
Advisory Committee Act (5 U.S.C. App.), the Director
shall be paid at the rate of basic pay payable for
level IV of the Executive Schedule under section 5315
of title 5, United States Code.
(7) Staff.--
(A) Additional personnel.--The Director, with the
approval of the Board, may appoint and fix the pay of
additional personnel.
(B) Appointments.--The Director may make such
appointments without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and any personnel so appointed may
be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating
to classification and General Schedule pay rates.
(C) Detailees.--Upon the request of the Director,
the head of any Federal department or agency may detail
any of the personnel of that department or agency to
the Board to assist the Board in accordance with an
agreement entered into with the Board.
(D) Assistance.--The Comptroller General of the
United States may provide assistance, including the
detailing of employees, to the Board in accordance with
an agreement entered into with the Board.
(8) Other authority.--
(A) Experts and consultants.--The Board may procure
by contract, to the extent funds are available, the
temporary or intermittent services of experts or
consultants pursuant to section 3109 of title 5, United
States Code.
(B) Leasing.--The Board may lease space and acquire
personal property to the extent that funds are
available.
(9) Funding.--There are authorized to be appropriated such
funds as are necessary to carry out this subsection.
(c) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 55. Windfall profit on crude
oil and refined petroleum
products.''
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | National Defense Oil Equity Act of 2003 - Amends the Internal Revenue Code to impose an excise tax on the sale of any crude oil or product of crude oil a tax equal to the applicable percentage of the windfall profit on such sale. Defines windfall profit to mean so much of the profit on such sale as exceeds a reasonable profit. Establishes the Reasonable Profits Board to make reasonable profit determinations. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thorium Energy Independence and
Security Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States and foreign countries will require
massive and increasing quantities of energy during the 20-year
period beginning on the date of enactment of this Act to
support economic growth;
(2) nuclear power provides energy without generating
unacceptable quantities of greenhouse gasses;
(3) the generation of nuclear power in the United States
and many foreign countries has been discouraged by concerns
regarding--
(A) the proliferation of weapons-useable material;
and
(B) the proper disposal of spent nuclear fuel;
(4) nuclear power plants operating on an advanced thorium
fuel cycle to generate nuclear energy--
(A) could potentially produce fewer weapons-useable
materials than uranium-fueled plants; and
(B) would produce less long-term waste as compared
to other nuclear power plants;
(5)(A) thorium is more abundant than uranium; and
(B) the United States possesses significant domestic
quantities of thorium to ensure energy independence;
(6)(A) thorium fuel cycle technology was originally
developed in the United States; and
(B) cutting-edge research relating to thorium fuel cycle
technology continues to be carried out by entities in the
United States; and
(7) it is in the national security and foreign policy
interest of the United States that foreign countries seeking to
establish or expand generation and use of nuclear power should
be provided--
(A) access to advanced thorium fuel cycle
technology; and
(B) incentives to reduce the risk of nuclear
proliferation.
SEC. 3. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION.
Chapter 19 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2015 et seq.) is amended by inserting after section 244 the following:
``SEC. 251. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION.
``(a) Definitions.--In this section:
``(1) Chairman.--The term `Chairman' means the Chairman of
the Nuclear Regulatory Commission.
``(2) Office.--The term `Office' means an office
established under subsection (b)(1).
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Offices for Regulation of Thorium Fuel Cycle Nuclear Power
Generation.--
``(1) Establishment.--The Secretary, in consultation with
the Chairman, shall establish, and provide funds to, an office
for the regulation of thorium fuel cycle nuclear power
generation in each of--
``(A) the Office of Nuclear Energy, Science and
Technology of the Department of Energy; and
``(B) the Nuclear Regulatory Commission.
``(2) Regulations.--Not later than December 31, 2012, the
Chairman, in cooperation with the heads of the Offices, shall
promulgate regulations for facilities and materials used in
thorium fuel cycle nuclear power generation.
``(3) Demonstration projects.--The heads of the Offices, in
cooperation with the head of the Idaho National Engineering
Laboratory, shall carry out demonstration projects for thorium
fuel cycle nuclear power generation at the Idaho National
Engineering Laboratory.
``(4) International partnerships and incentives.--The heads
of the Offices shall provide recommendations to the Secretary
with respect to methods of--
``(A) strengthening international partnerships to
advance nuclear nonproliferation through the design and
deployment of thorium fuel cycle nuclear power
generation; and
``(B) providing incentives to nuclear reactor
operators in the United States and foreign countries to
use proliferation-resistant, low-waste thorium fuels in
lieu of other fuels.
``(c) Report.--Not later than 1 year after the date of enactment of
the Thorium Energy Independence and Security Act of 2008, and annually
thereafter, the Secretary shall submit to Congress a report describing,
with respect to the preceding calendar year--
``(1) progress made in implementing this section; and
``(2) activities carried out by the Offices pursuant to
this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $250,000,000
for the period of fiscal years 2009 through 2013.''. | Thorium Energy Independence and Security Act of 2008 - Amends the Atomic Energy Act of 1954 to direct the Secretary of Energy to establish, and provide funds to, an office for the regulation of thorium fuel cycle nuclear power generation in each of: (1) the Office of Nuclear Energy, Science and Technology (ONEST) of the Department of Energy; and (2) the Nuclear Regulatory Commission (NRC).
Directs the NRC Chairman to promulgate regulations for facilities and materials used in thorium fuel cycle nuclear power generation.
Requires the heads of the two Offices to: (1) implement demonstration projects for thorium fuel cycle nuclear power generation at the Idaho National Engineering Laboratory; and (2) recommend to the Secretary methods of strengthening international partnerships to advance nuclear nonproliferation through thorium fuel cycle nuclear power generation, and of providing incentives to nuclear reactor operators to use proliferation-resistant, low-waste thorium fuels in lieu of other fuels. | billsum_train |
Condense the following text into a summary: SECTION 1. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.
(a) Proof of Identity.--
(1) In general.--A Federal agency may not accept for any
identification-related purpose a driver's license, or other
comparable identification document, issued by a State to any
person, unless the application process for the license or
document includes the presentation by the applicant of evidence
of identity in accordance with this subsection.
(2) General requirements.--
(A) Number of documents.--The applicant shall
present--
(i) 2 documents described in this
subsection, if at least 1 contains a clear
photograph of the applicant and at least 1 is a
primary document; or
(ii) 3 documents described in this
subsection, if at least 1 is a primary
document.
(B) Originals or certified copies.--All documents
presented shall be originals or copies certified by the
issuing agency.
(C) English.--All documents presented shall be in
English.
(3) Primary documents.--For purposes of this subsection,
the following shall be considered primary documents, if they
include the date of birth of the applicant:
(A) Birth certificate (or delayed birth
certificate) issued in any State, territory, or
possession of the United States.
(B) United States Certificate of Birth Abroad.
(C) United States passport.
(D) Foreign passport with a visa valid for
admission into the United States, and an admission
stamp or Arrival-Departure Record (Department of
Homeland Security Form I-94) in the passport.
(E) Arrival-Departure Record (Department of
Homeland Security Form I-94) with a photograph.
(F) Alien Registration Receipt Card (Department of
Homeland Security Form I-551) (issued after March
1977).
(G) Employment Authorization Card (Department of
Homeland Security Form I-688A, I-688B, or I-766).
(H) United States Certificate of Naturalization.
(I) United States Certificate of Citizenship.
(J) Driver's license, instruction permit, or
identification card issued by any State, territory, or
possession of the United States after the effective
date of this Act.
(K) Tribal Certificate of Indian Blood.
(L) Tribal or Bureau of Indian Affairs Affidavit of
Birth.
(M) Department of Defense Certificate of Release or
Discharge from Active Duty (DD Form 214).
(N) Department of Defense identification card
issued to an active duty, reserve, or retired member of
the Armed Forces of the United States.
(4) Secondary documents.--For purposes of this subsection,
the following shall be considered secondary documents:
(A) Department of Defense identification card
issued to a dependent.
(B) Department of Defense driver's license.
(C) Social Security Card.
(D) Motor vehicle record or clearance letter
(within 30 days of issue).
(E) Legal guardian affidavit.
(F) Selective Service System Registration
Acknowledgement Card.
(G) Department of the Treasury, Internal Revenue
Service Form W-2 Wage and Tax Statement.
(H) Department of Veterans Affairs identification
card.
(I) Concealed weapon permit.
(J) Medical insurance identification card.
(K) Professional license.
(L) Bank card.
(M) Credit card.
(N) Employee identification badge (with
photograph).
(O) School identification card (with photograph).
(P) Marriage license issued by any State,
territory, or possession of the United States.
(Q) Any of the following orders or decrees from a
court of record:
(i) Divorce.
(ii) Adoption.
(iii) Name change.
(iv) Bankruptcy.
(v) Emancipation.
(b) Expiration of Identification Documents Issued to
Nonimmigrants.--A Federal agency may not accept for any identification-
related purpose a driver's license, or other comparable identification
document, issued by a State to any person, unless the State has in
effect a policy requiring any such license or document, when issued by
the State to a nonimmigrant alien, to bear an expiration date that is
not later than--
(1) the last day of the nonimmigrant alien's lawfully
authorized period of stay in the United States; or
(2) 5 years after the date on which the license or document
is issued, in any case in which the nonimmigrant alien's
lawfully authorized period of stay--
(A) is modified at any time after the alien's
admission into the United States; or
(B) does not expire on a date certain.
(c) Grants to States.--The Secretary of Homeland Security shall
make grants to States to assist them in complying with the requirements
described in subsections (a) and (b).
(d) Effective Date.--This section shall take effect one year after
the date of the enactment of this Act, but shall apply only to licenses
or documents issued to a nonimmigrant alien for the first time after
such effective date and to replacement or renewal licenses or documents
issued according to State law after such effective date.
(e) Definitions.--For purposes of this section:
(1) Federal agency.--The term ``Federal agency'' means any
of the following:
(A) An Executive agency (as defined in section 105
of title 5, United States Code).
(B) An agency in the judicial branch of the
Government of the United States.
(2) Nonimmigrant alien.--The term ``nonimmigrant alien''
means an alien who is lawfully admitted to the United States by
reason of having presented at the port of entry a valid
unexpired nonimmigrant visa issued under section 221 of the
Immigration and Nationality Act (8 U.S.C. 1201). | Prohibits Federal agencies from accepting for any identification-related purpose a State-issued driver's license or other comparable identification document unless the application process for licenses or documents include presentation by applicants as evidence of identity: (1) two documents, with at least one containing a clear photograph of the applicant and at least one which is a primary document (as defined in this Act); or (2) three documents, if at least one is a primary document. Requires all documents to presented in English.
Prohibits Federal agencies from accepting for any identification-related purpose any State-issued driver's license or other comparable identification document unless the State requires such licenses or documents issued to nonimmigrant aliens to expire on a date that is not later than: (1) the expiration of the alien's authorized U.S. stay; or (2) five years after such document's issuance in any case in which the alien's lawful stay is modified after U.S. admission, or does not expire on a fixed date.
Directs the Secretary of Homeland Security to make grants to assist States in complying with the requirements described in this Act. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puppies Assisting Wounded
Servicemembers Act of 2017'' or the ``PAWS Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the analysis of veteran suicide published
by the Department of Veterans Affairs in August 2016 and titled
``Suicide Among Veterans and Other Americans''--
(A) an average of 20 veterans died by suicide each
day in 2014;
(B) mental health disorders, including major
depression and other mood disorders, have been
associated with increased risk for suicide;
(C) since 2001, the proportion of users of the
Veterans Health Administration with mental health
conditions or substance use disorders has increased
from approximately 27 percent in 2001 to more than 40
percent in 2014; and
(D) overall, suicide rates are highest among
patients with mental health and substance use disorder
diagnoses who are in treatment and lower among those
who received a mental health diagnoses but were not at
risk enough to require enhanced care from a mental
health provider.
(2) The Department of Veterans Affairs must be more
effective in its approach to reducing the burden of veteran
suicide connected to mental health disorders, including post-
traumatic stress disorder, and a pilot program and study to
assess the benefits of pairing service dogs with veterans
suffering from mental health disorders would allow the
Department to better determine the efficacy of using service
dogs as a nontraditional therapy to ensure the well-being of
veterans.
(3) Pairing a service dog with a veteran costs
approximately $25,000, including with respect to training of
the service dog as well as training of the veteran with the
service dog.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM TO PROVIDE GRANTS
FOR THE PROVISION OF SERVICE DOGS TO CERTAIN VETERANS
WITH SEVERE POST-TRAUMATIC STRESS DISORDER.
(a) Grants.--The Secretary of Veterans Affairs shall carry out a
pilot program under which the Secretary provides a $25,000 grant to an
eligible organization for each veteran referred to that organization
for a service dog pairing.
(b) Benefits Provided.--
(1) In general.--An organization that receives a grant
under subsection (a) shall provide the following for each
service dog and veteran participating in the pilot program:
(A) Coverage of a commercially available veterinary
health insurance policy to maintain the health of the
dog and keep the dog functioning in the prescribed role
for the life of the dog.
(B) Hardware, or repairs or replacements for
hardware, that are clinically determined to be required
by the dog to perform the tasks necessary to assist the
veteran with the diagnosed disorder of the veteran.
(C) Payments for travel expenses for the veteran to
obtain the dog, calculated in the same manner as
similar travel expenses provided pursuant to section
111 of title 38, United States Code.
(2) Other travel expenses.--If a veteran is required to
replace a service dog provided pursuant to a grant under this
section, the Secretary shall pay for the travel expenses
described in paragraph (1)(C) required to obtain a new service
dog pursuant to subsection (c)(3), regardless of any other
benefits the veteran is receiving for the first service dog
under this section.
(c) Eligible Organizations.--To be eligible to receive a grant
under this section, an organization shall--
(1) be a nonprofit organization that provides trained
service dogs--
(A) that--
(i) is certified by Assistance Dogs
International;
(ii) on average, provides one-on-one
training for each service dog and recipient for
30 hours or more over 90 days or more;
(iii) provides a wellness verification from
a licensed veterinarian for each service dog;
(iv) provides an in-house residential
facility, or other accommodations nearby, in
which service dog recipients stay for a minimum
of 10 days while receiving at least 30 hours of
training with their new service dog;
(v) ensures all service dogs pass the
American Kennel Club Community Canine test and
the ADI Public Access Test prior to permanent
placement with a recipient; and
(vi) provides follow-up support service for
the life of the service dog, to include a
contact plan between the veteran and
organization to allow--
(I) the veteran to reach out for
and receive adequate help with the
service dog; and
(II) the organization to
communicate with the veteran to ensure
that the service dog is being properly
cared for; or
(B) that meets the Association of Service Dog
Providers for Military Veterans Service Dog Agency
Standards that cater to the unique needs of veterans
with post-traumatic stress disorder;
(2) agree to cover all costs in excess of the grant amount
to guarantee the benefits listed under subsection (b)(1);
(3) agree to reaccept or replace the service dog the
organization provided to the veteran, if necessary, as
determined by the organization and the veteran; and
(4) submit to the Secretary an application containing such
information, certification, and assurances as the Secretary may
require.
(d) Eligible Veterans.--
(1) In general.--The Secretary of Veterans Affairs shall
review and approve veterans eligible to participate under this
section and shall refer approved veterans to eligible
organizations. The period beginning on the date on which a
veteran applies to participate under this section and the date
on which the Secretary makes an approval determination may not
exceed 90 days.
(2) Initial eligibility.--For purposes of this section, an
eligible veteran is a veteran who is enrolled in the patient
enrollment system of the Department of Veterans Affairs under
section 1705 of title 38, United States Code, and--
(A) has been treated and has completed an
established evidence-based treatment for post-traumatic
stress disorder yet remains diagnosed with post-
traumatic stress disorder by a qualified health care
provider as rated on the post-traumatic stress disorder
checklist (PCL-5);
(B) the health care provider or clinical team of
the Department of Veterans Affairs that is treating the
veteran for such disorder determines based upon medical
judgment that the veteran may potentially benefit from
a service dog; and
(C) agrees to successfully complete training
provided by an eligible organization pursuant to
subsection (c).
(3) Ongoing eligibility.--To remain eligible to participate
in the pilot program, a veteran shall see the health care
provider or clinical team of the Department of Veterans Affairs
treating the veteran for such a disorder at least every six
months to determine, based on a clinical evaluation of
efficacy, whether the veteran continues to benefit from a
service dog.
(4) Other cases.--If at any point, the veteran is no longer
able or willing to care for the service dog, the organization
that provided the service dog and the veteran shall determine
the appropriate recourse to ensure the safety of both the
veteran and the service dog.
(e) Relationship to Department of Veterans Affairs Benefits.--The
provision of a service dog to a veteran under this section is in
addition to any other hospital care or medical service furnished by the
Department for that veteran for post-traumatic stress disorder, and an
improvement in symptoms as a result of the provision of a service dog
shall not affect the eligibility of the veteran for any other benefit
under the laws administered by the Secretary.
(f) Metrics.--In carrying out this section, the Secretary shall--
(1) develop metrics and other appropriate means to measure,
with respect to veterans participating in the pilot program,
the improvement in psychosocial function and therapeutic
compliance of such veterans and changes with respect to the
dependence on prescription narcotics and psychotropic
medication of such veterans; and
(2) establish processes to document and track the progress
of such veterans under the pilot program in terms of the
benefits and improvements noted as a result of the pilot
program.
(g) GAO Briefing and Study.--
(1) Briefing.--Not later than one year after the date on
which the Secretary commences the pilot program under
subsection (a), the Comptroller General of the United States
shall provide to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a briefing on the
methodology established for the pilot program.
(2) Report.--Not later than 270 days after the date on
which the pilot program terminates, the Comptroller General
shall submit to the committees specified in paragraph (1) a
report on the pilot program. Such report shall include an
evaluation of the approach and methodology used for the pilot
program with respect to--
(A) helping veterans with severe post-traumatic
stress disorder return to civilian life;
(B) relevant metrics, including reduction in
metrics such as reduction in scores under the post-
traumatic stress disorder checklist (PCL-5),
improvement in psychosocial function, and therapeutic
compliance; and
(C) reducing the dependence of participants on
prescription narcotics and psychotropic medication.
(h) Authorization of Appropriations.--There is authorized to be
appropriated for the period of fiscal year 2018 through fiscal year
2023, $10,000,000 to carry out the pilot program under this section.
(i) Offset.--The amounts otherwise authorized to be appropriated
for Department of Veterans Affairs Office of Human Resources and
Administration for the period of fiscal year 2018 through fiscal year
2023 shall be reduced by $10,000,000.
(j) Termination.--The authority to carry out a pilot program under
this section shall terminate on the date that is five years after the
date of the enactment of this Act. An eligible veteran in possession of
a service dog furnished under the pilot program as of the termination
of the pilot program may keep the service dog after the termination of
the program for the life of the dog. | Puppies Assisting Wounded Servicemembers Act of 2017 or the PAWS Act of 2017 This bill directs the Department of Veterans Affairs (VA) to carry out a five-year pilot program under which it provides grants to eligible nonprofit organizations to provide service dogs to veterans who suffer from post-traumatic stress disorder after completing other evidence-based treatment. An organization that receives a grant shall provide for each participating service dog and veteran: coverage by a commercially available veterinary health insurance policy, hardware clinically determined to be required by the dog to perform the tasks necessary to assist the veteran, payments for travel expenses to obtain the dog, and travel expenses required to obtain a replacement service dog. To be eligible for a grant, an organization must: (1) agree to cover all costs in excess of the grant amount to guarantee such benefits, (2) be certified by Assistance Dogs International, (3) provide one-on-one training for each service dog and recipient for 30 hours or more over 90 days or more, and (4) provide an in-house residential facility or other accommodations nearby in which service dog recipients stay for a minimum of 10 days while receiving at least 30 hours of training. The VA shall develop metrics to measure the improvement in psychosocial function and therapeutic compliance and changes independence on prescription narcotics and psychotropic medication of veterans participating in the program. The Government Accountability Office must report to Congress on the methodology used for the pilot program. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illinois and Michigan Canal National
Heritage Corridor Act Amendments of 2005''.
SEC. 2. TRANSITION AND PROVISIONS FOR NEW MANAGEMENT ENTITY.
The Illinois and Michigan Canal National Heritage Corridor Act of
1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended as follows:
(1) In section 103--
(A) in paragraph (8), by striking ``and'';
(B) in paragraph (9), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(10) the term `Association' means the Canal Corridor
Association (an organization described under section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code).''.
(2) By adding at the end of section 112 the following new
paragraph:
``(7) The Secretary shall enter into a memorandum of
understanding with the Association to help ensure appropriate
transition of the management entity to the Association and
coordination with the Association regarding that role.''.
(3) By adding at the end the following new sections:
``SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY.
``Upon the termination of the Commission, the management entity for
the corridor shall be the Association.
``SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.
``For purposes of preparing and implementing the management plan
developed under section 121, the Association may use Federal funds made
available under this title--
``(1) to make loans and grants to, and enter into
cooperative agreements with, States and their political
subdivisions, private organizations, or any person;
``(2) to hire, train, and compensate staff; and
``(3) to enter into contracts for goods and services.
``SEC. 121. DUTIES OF THE ASSOCIATION.
```The Association shall--
``(1) develop and submit to the Secretary for approval
under section 123 a proposed management plan for the corridor
not later than 2 years after Federal funds are made available
for this purpose;
``(2) give priority to implementing actions set forth in
the management plan, including taking steps to assist units of
local government, regional planning organizations, and other
organizations--
``(A) in preserving the corridor;
``(B) in establishing and maintaining interpretive
exhibits in the corridor;
``(C) in developing recreational resources in the
corridor;
``(D) in increasing public awareness of and
appreciation for the natural, historical, and
architectural resources and sites in the corridor; and
``(E) in facilitating the restoration of any
historic building relating to the themes of the
corridor;
``(3) encourage by appropriate means economic viability in
the corridor consistent with the goals of the management plan;
``(4) consider the interests of diverse governmental,
business, and other groups within the corridor;
``(5) conduct public meetings at least quarterly regarding
the implementation of the management plan;
``(6) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary; and
``(7) for any year in which Federal funds have been
received under this title--
``(A) submit an annual report to the Secretary
setting forth the Association's accomplishments,
expenses and income, and the identity of each entity to
which any loans and grants were made during the year
for which the report is made;
``(B) make available for audit all records
pertaining to the expenditure of such funds and any
matching funds; and
``(C) require, for all agreements authorizing
expenditure of Federal funds by other organizations,
that the receiving organizations make available for
audit all records pertaining to the expenditure of such
funds.
``SEC. 122. USE OF FEDERAL FUNDS.
``(a) In General.--The Association shall not use Federal funds
received under this title to acquire real property or an interest in
real property.
``(b) Other Sources.--Nothing in this title precludes the
Association from using Federal funds from other sources for authorized
purposes.
``SEC. 123. MANAGEMENT PLAN.
``(a) Preparation of Management Plan.--Not later than 2 years after
the date that Federal funds are made available for this purpose, the
Association shall submit to the Secretary for approval a proposed
management plan that shall--
``(1) take into consideration State and local plans and
involve residents, local governments and public agencies, and
private organizations in the corridor;
``(2) present comprehensive recommendations for the
corridor's conservation, funding, management, and development;
``(3) include actions proposed to be undertaken by units of
government and nongovernmental and private organizations to
protect the resources of the corridor;
``(4) specify the existing and potential sources of funding
to protect, manage, and develop the corridor; and
``(5) include--
``(A) identification of the geographic boundaries
of the corridor;
``(B) a brief description and map of the corridor's
overall concept or vision that show key sites, visitor
facilities and attractions, and physical linkages;
``(C) identification of overall goals and the
strategies and tasks intended to reach them, and a
realistic schedule for completing the tasks;
``(D) a listing of the key resources and themes of
the corridor;
``(E) identification of parties proposed to be
responsible for carrying out the tasks;
``(F) a financial plan and other information on
costs and sources of funds;
``(G) a description of the public participation
process used in developing the plan and a proposal for
public participation in the implementation of the
management plan;
``(H) a mechanism and schedule for updating the
plan based on actual progress;
``(I) a bibliography of documents used to develop
the management plan; and
``(J) a discussion of any other relevant issues
relating to the management plan.
``(b) Disqualification From Funding.--If a proposed management plan
is not submitted to the Secretary within 2 years after the date that
Federal funds are made available for this purpose, the Association
shall be ineligible to receive additional funds under this title until
the Secretary receives a proposed management plan from the Association.
``(c) Approval of Management Plan.--The Secretary shall approve or
disapprove a proposed management plan submitted under this title not
later than 180 days after receiving such proposed management plan. If
action is not taken by the Secretary within the time period specified
in the preceding sentence, the management plan shall be deemed
approved. The Secretary shall consult with the local entities
representing the diverse interests of the corridor including
governments, natural and historic resource protection organizations,
educational institutions, businesses, recreational organizations,
community residents, and private property owners prior to approving the
management plan. The Association shall conduct semi-annual public
meetings, workshops, and hearings to provide adequate opportunity for
the public and local and governmental entities to review and to aid in
the preparation and implementation of the management plan.
``(d) Effect of Approval.--Upon the approval of the management plan
as provided in subsection (c), the management plan shall supersede the
conceptual plan contained in the National Park Service report.
``(e) Action Following Disapproval.--If the Secretary disapproves a
proposed management plan within the time period specified in subsection
(c), the Secretary shall advise the Association in writing of the
reasons for the disapproval and shall make recommendations for
revisions to the proposed management plan.
``(f) Approval of Amendments.--The Secretary shall review and
approve all substantial amendments (including any increase of more than
20 percent in the cost estimates for implementation) to the management
plan. Funds made available under this title may not be expended to
implement any changes made by a substantial amendment until the
Secretary approves that substantial amendment.
``SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
``(a) Technical and Financial Assistance.--Upon the request of the
Association, the Secretary may provide technical assistance, on a
reimbursable or nonreimbursable basis, and financial assistance to the
Association to develop and implement the management plan. The Secretary
is authorized to enter into cooperative agreements with the Association
and other public or private entities for this purpose. In assisting the
Association, the Secretary shall give priority to actions that in
general assist in--
``(1) conserving the significant natural, historic,
cultural, and scenic resources of the corridor; and
``(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the corridor.
``(b) Duties of Other Federal Agencies.--Any Federal agency
conducting or supporting activities directly affecting the corridor
shall--
``(1) consult with the Secretary and the Association with
respect to such activities;
``(2) cooperate with the Secretary and the Association in
carrying out their duties under this title;
``(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
``(4) to the maximum extent practicable, conduct or support
such activities in a manner which the Association determines is
not likely to have an adverse effect on the corridor.
``SEC. 125. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--To carry out this title there is authorized to
be appropriated $10,000,000, except that not more than $1,000,000 may
be appropriated to carry out this title for any fiscal year.
``(b) 50 Percent Match.--The Federal share of the cost of
activities carried out using any assistance or grant under this title
shall not exceed 50 percent of that cost.
``SEC. 126. SUNSET.
``The authority of the Secretary to provide assistance under this
title terminates on September 30, 2027.''.
SEC. 3. PRIVATE PROPERTY PROTECTION.
The Illinois and Michigan Canal National Heritage Corridor Act of
1984 is further amended by adding after section 126 (as added by
section 2) the following new sections:
``SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
``(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the corridor until the owner of that private
property has been notified in writing by the Association and has given
written consent for such preservation, conservation, or promotion to
the Association.
``(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the corridor, and not notified under subsection
(a), shall have their property immediately removed from the boundary of
the corridor by submitting a written request to the Association.
``SEC. 128. PRIVATE PROPERTY PROTECTION.
``(a) Access to Private Property.--Nothing in this title shall be
construed to--
``(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
``(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
``(b) Liability.--Designation of the corridor shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
``(c) Recognition of Authority to Control Land Use.--Nothing in
this title shall be construed to modify the authority of Federal,
State, or local governments to regulate land use.
``(d) Participation of Private Property Owners in Corridor.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the corridor to
participate in or be associated with the corridor.
``(e) Effect of Establishment.--The boundaries designated for the
corridor represent the area within which Federal funds appropriated for
the purpose of this title may be expended. The establishment of the
corridor and its boundaries shall not be construed to provide any
nonexisting regulatory authority on land use within the corridor or its
viewshed by the Secretary, the National Park Service, or the
Association.''.
SEC. 4. TECHNICAL AMENDMENTS.
Section 116 of Illinois and Michigan Canal National Heritage
Corridor Act of 1984 is amended--
(1) by striking subsection (b); and
(2) in subsection (a)--
(A) by striking ``(a)'' and all that follows
through ``For each'' and inserting ``(a) For each'';
(B) by striking ``Commission'' and inserting
``Association'';
(C) by striking ``Commission's'' and inserting
``Association's'';
(D) by redesignating paragraph (2) as subsection
(b); and
(E) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively. | Illinois and Michigan Canal National Heritage Corridor Act Amendments of 2005 - Amends the Illinois and Michigan Canal National Heritage Corridor Act of 1984 to designate, upon the termination of the Illinois and Michigan Canal National Heritage Corridor Commission, the Canal Corridor Association to be the management entity for the Illinois and Michigan Canal National Heritage Corridor.
Requires the Association to develop and submit a proposed management plan for the Corridor to the Secretary of the Interior for approval.
Authorizes the Secretary to provide technical and financial assistance to the Association for the development and implementation of the management plan. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Retirement Age
Reform Act of 1993''.
SEC. 2. PHASED IN 5-YEAR INCREASE IN AGE FOR ELIGIBILITY FOR OASDI
BENEFITS BY THE YEAR 2030.
(a) Definitions.--Section 216(l) of the Social Security Act (42
U.S.C. 416(l)) is amended to read as follows:
``Normal Retirement Age; Early Retirement Age
``(l)(1) The term `normal retirement age' means--
``(A) with respect to an individual who attains (or would
attain) the reference age (as defined in paragraph (3)(A))
before January 1, 2000, 65 years of age;
``(B) with respect to an individual who attains (or would
attain) the reference age after December 31, 1999, and before
January 1, 2030, 65 years of age plus the number of months in
the age increase factor (as determined under paragraph (3)(B))
for the calendar in which such individual attains the reference
age; and
``(C) with respect to an individual who attains (or would
attain) the reference age after December 31, 2030, 70 years of
age.
``(2) The term `early retirement age' means 3 years less than
normal retirement age.
``(3) For purposes of paragraphs (1) and (2)--
``(A) the term `reference age' means 62 years of age in the
case of an old-age, wife's, or husband's insurance benefit, and
60 years of age in the case of a widow's or widower's insurance
benefit, and
``(B) the age increase factor for any individual shall be
equal to \2/12\ of the number of months in the period beginning
with January 2000 and ending with December of the year in which
the individual attains the reference age.''.
(b) Additional Amendments.--
(1) Retirement age redesignated normal retirement age.--
(A) Title II of such Act is further amended--
(i) in subsections (a), (b), (c), (d), (e),
(f), (q), (r), and (w) of section 202 (42
U.S.C. 402),
(ii) in subsections (c) and (f) of section
203 (42 U.S.C. 403),
(iii) in section 215(f)(5) (42 U.S.C.
415(f)(5)), and
(iv) in section 223(a) (42 U.S.C. 423(a)),
by striking ``retirement age (as defined in section
216(l))'' each place it appears and inserting ``normal
retirement age (as defined in section 216(l)(1))''.
(B) Subsections (h) and (i) of section 216 of such
Act (42 U.S.C. 416) are each amended by striking
``retirement age (as defined in subsection (l))'' each
place it appears and inserting ``normal retirement age
(as defined in subsection (l)(1))''.
(2) Age 62 currently designated as early retirement age.--
(A) Title II of such Act is further amended--
(i) in subsections (a), (b), (c), (e), (f),
(h), and (q) of section 202 (42 U.S.C. 402),
(ii) in section 213(a)(2)(A)(ii) of such
Act (42 U.S.C. 413(a)(2)(A)(ii)),
(iii) in section 213(a)(2)(B) of such Act
(the first place it appears) (42 U.S.C.
413(a)(2)(B)),
(iv) in section 214(a)(1) (42 U.S.C.
414(a)(1)),
(v) in subsections (a) and (d)(5) of
section 215 (42 U.S.C. 415), and
(vi) in subsections (a)(2) and (c)(1)(A) of
section 223 (42 U.S.C. 423),
by striking ``age 62'' each place it appears and
inserting ``early retirement age (as defined in section
216(l)(2))''.
(B) Subsections (b)(3)(A), (c)(6)(A), (f)(3)(A),
(g)(6)(A), and (i)(3)(A) of section 216 of such Act (42
U.S.C. 416) are each amended by striking ``age 62''
each place it appears and inserting ``early retirement
age (as defined in subsection (l)(2))''.
(C) Subparagraphs (F) and (G) of section 202(q)(3)
of such Act (42 U.S.C. 402(q)(3)) are each amended by
striking ``the age of 62'' and inserting ``early
retirement age (as defined in section 216(l)(2)).''.
(3) Conforming adjustments to other age references.--
(A) Title II of such Act is further amended--
(i) in subsections (e) and (f) of section
202 (42 U.S.C. 402),
(ii) in subsections (b)(1), (c)(3), and
(d)(1)(C) of section 222 (42 U.S.C. 422), and
(iii) in section 225(a) (42 U.S.C. 425(a)),
by striking ``age 60'' each place it appears and
inserting ``5 years less than normal retirement age (as
defined in section 216(l)(2))''.
(B) Subsections (e)(1)(B)(ii) and (f)(1)(B)(ii) of
section 202 of such Act (42 U.S.C. 402) is further
amended by striking ``age 50'' each place it appears
and inserting ``15 years less than normal retirement
age (as defined in section 216(l)(1))''. | Social Security Retirement Age Reform Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to phase in an increase in the age for normal and early retirement to, respectively, ages 70 and 67. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Lighthouse Museum Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Lighthouse Museum Commission'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
(a) In General.--The Commission shall--
(1) develop a fundraising plan, acquire a site, and draft
an operational proposal for establishing a National Lighthouse
Museum at a lighthouse-related site that is within the United
States and listed on the National Register of Historic Places;
and
(2) establish the National Lighthouse Museum Corporation in
accordance with this Act.
(b) Reports.--The Commission shall submit an annual report to the
Congress describing the activities of the Commission during the
preceding year.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 19
members appointed as follows:
(1) 1 by the National Conference of State Historic
Preservation Officers.
(2) 13 by the National Lighthouse Museum Feasibility
Steering Committee.
(3) 1 by the Coast Guard.
(4) 1 by the Secretary of the Interior.
(5) 1 by the Secretary of the Smithsonian Institution.
(6) 1 by the National Trust for Historic Preservation.
(7) 1 by the American Association of Museums.
(b) Terms; Vacancies.--
(1) In general.--Members of the Commission shall serve for
the life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(c) Rates of Pay.--Members of the Commission shall serve without
pay.
(d) Travel Expenses.--Each member of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
(e) Bylaws.--The Commission shall adopt bylaws to carry out its
functions under this Act.
(f) Chairperson.--The Chairperson of the Commission shall be
elected by the Commission from among its members.
(g) Meetings.--The Commission shall meet at the call of the
Chairperson. The Chairperson shall convene the first meeting for not
later than January 1, 1999. One-third of the members of the Commission
shall constitute a quorum, and any vacancy in the Commission shall not
affect its powers to function. The Commission may adopt rules to govern
its proceedings.
(h) Termination.--The Commission shall terminate on the earlier
of--
(1) 5 years after the date of completion of appointment of
the members of the Commission; or
(2) the completion of appointment of the initial board of
directors of the National Lighthouse Corporation under section
6(d).
SEC. 5. ADMINISTRATIVE SUPPORT FOR COMMISSION.
(a) In General.--The Commission may accept from the National
Lighthouse Museum Feasibility Steering Committee such administrative
support as may be necessary to carry out its responsibilities under
this Act.
(b) Administrator of General 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.
SEC. 6. ESTABLISHMENT OF NATIONAL LIGHTHOUSE MUSEUM CORPORATION.
(a) Establishment.--
(1) In general.--The Commission shall establish, under the
laws of the State in which is located the site acquired under
section 3(a)(1) for the National Lighthouse Museum and in
accordance with this section, the National Lighthouse Museum
Corporation (in this Act referred to as the ``Corporation''). Subject
to paragraph (2), the Corporation is a federally chartered corporation.
(2) Expiration of charter.--If the Corporation does not
comply with any provision of this section, the charter granted
by this section expires.
(b) Purposes.--The purpose of the Corporation is to establish the
National Lighthouse Museum as provided for by the Commission under
section 3(a)(1).
(c) Board of Directors and Officers.--
(1) Board of directors.--The board of directors of the
Corporation and the responsibilities of the board shall be as
provided in its articles of incorporation. The Commission shall
appoint the initial members of the board of directors by not
later than 5 years after the date of the enactment of this Act.
(2) Officers.--The officers of the Corporation and the
election of its officers shall be as provided in the articles
of incorporation.
(d) Powers.--The Corporation shall have only the powers provided in
its bylaws and articles of incorporation filed in each State in which
it is incorporated.
(e) Restrictions.--
(1) Stock and dividends.--The Corporation may not issue
stock or declare or pay a dividend.
(2) Political activities.--The Corporation or a director or
officer as such may not contribute to, support, or participate
in any political activity or in any manner attempt to influence
legislation.
(3) Distribution of income or assets.--The income or assets
of the Corporation may not inure to the benefit of, or be
distributed to, a director, officer, or member during the life
of the charter granted by this section. This paragraph does not
prevent the payment of reasonable compensation to an officer or
reimbursement for actual necessary expenses in amounts approved
by the board of directors.
(4) Loans.--The Corporation may not make a loan to a
director, officer, or employee.
(5) Claim of governmental approval or authorization.--The
Corporation may not claim congressional approval or the
authority of the United States Government for any of its
activities.
(f) Duty To Maintain Corporate and Tax-Exempt Status.--
(1) Corporate status.--The Corporation shall maintain its
status as a corporation incorporated under the laws of the
State referred to in subsection (a)(1).
(2) Tax-exempt status.--The Corporation shall maintain its
status as an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code.
(g) Records and Inspection.--
(1) Records.--The Corporation shall keep--
(A) correct and complete records of account;
(B) minutes of the proceedings of its members,
board of directors, and committees; and
(C) at its principal office, a record of the names
and addresses of its members entitled to vote.
(2) Inspection.--A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the
Corporation for any proper purpose, at any reasonable time.
(h) Service of Process.--The Corporation shall comply with the law
on services of process of each State in which it is incorporated and
each State in which it carries on activities.
(i) Liability for Acts of Officers and Agents.--The Corporation is
liable for the acts of its officers and agents acting within the scope
of their authority.
(j) Annual Report.--The Corporation shall submit an annual report
to the Congress on the activities of the Corporation during the prior
fiscal year. The report may not be printed as a public document.
(k) Definition.--For purposes of this section, the term ``State''
includes the District of Columbia and the territories and possessions
of the United States.
SEC. 7. OPERATION OF NATIONAL LIGHTHOUSE MUSEUM.
(a) In General.--The National Lighthouse Museum established under
this Act shall operate under the direction and control of the
Corporation.
(b) Facilities.--In addition to the site at which the National
Lighthouse Museum is established under section 3, the museum shall have
a storage facility located near the site for the care, conservation,
and maintenance of artifacts in the collection of the museum.
(c) Support to Other Museums.--The National Lighthouse Museum shall
provide support to other museums that interpret the history of aids to
navigation in the United States.
(d) Designation of Collection.--The collection of artifacts of the
National Lighthouse Museum shall be known as the National Lighthouse
Collection. | National Lighthouse Museum Act - Establishes a National Lighthouse Museum Commission to: (1) develop a fund raising plan, acquire a site, and draft an operational proposal for establishing a National Lighthouse Museum at a lighthouse-related site within the United States and listed on the National Register of Historic Places; and (2) establish the National Lighthouse Museum Corporation to direct and control the Museum. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governmentwide Mentor-Protege
Program Act of 2001''.
SEC. 2. MENTOR-PROTEGE PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 36 as section 37; and
(2) by inserting after section 35 the following:
``SEC. 36. MENTOR-PROTEGE PROGRAM.
``(a) Establishment of Program.--The Administrator shall establish
a Program to be known as the `Governmentwide Mentor-Protege Program'.
``(b) Purposes.--The purposes of the Program are to provide--
``(1) incentives for major Federal contractors to assist
eligible small business concerns to enhance the capabilities of
eligible small business concerns to perform as subcontractors
and suppliers under Federal contracts in order to increase the
participation of eligible small business concerns as
subcontractors and suppliers under those contracts; and
``(2) Governmentwide criteria for partial reimbursement of
certain agency costs incurred in the administration of the
Program.
``(c) Program Participants.--
``(1) Mentor firms.--A mentor firm may enter into
agreements under subsection (e) and furnish assistance to
eligible small business concerns upon making application to the
head of the agency for which it is contracting and being
approved for participation in the Program by the head of the
agency.
``(2) Eligible small business concerns.--
``(A) In general.--An eligible small business
concern may obtain assistance from a mentor firm upon
entering into an agreement with the mentor firm to
become a protege firm, as provided in subsection (e).
``(B) Restriction.--A protege firm may not be a
party to more than one agreement to receive assistance
described in subparagraph (A) at any time.
``(3) Certification.--
``(A) In general.--Before receiving assistance from
a mentor firm under this section, a small business
concern shall furnish to the mentor firm--
``(i) if the Administration regularly
issues certifications of qualification for the
category of that small business concern listed
in subsection (k)(1), that certification; and
``(ii) if the Administration does not
regularly issue certifications of qualification
for the category of that small business concern
listed in subsection (k)(1), a statement
indicating that it is an eligible small
business concern.
``(B) Development of certification.--Nothing in
this section shall be construed to require the
Administration to develop a certification program for
any category of small business concern listed in
subsection (k)(1).
``(C) Assistance to non-eligible small business
concern.--If at any time, a small business concern is
determined by the Administration not to be an eligible
small business concern in accordance with this
section--
``(i) the small business concern shall
immediately notify the mentor firm of the
determination; and
``(ii) assistance furnished to that small
business concern by the mentor firm after the
date of the determination may not be considered
to be assistance furnished under the Program.
``(d) Mentor Firm Eligibility.--
``(1) In general.--Subject to subsection (c)(1), a mentor
firm that is eligible for award of Federal contracts may enter
into an agreement with one or more protege firms under
subsection (e) and provide assistance under the Program
pursuant to that agreement, if the mentor firm demonstrates to
the subject agency the capability to assist in the development
of protege firms.
``(2) Presumption of capability.--A mentor firm shall be
presumed to be capable under paragraph (1) if the total amount
of contracts and subcontracts that the mentor firm has entered
into with the subject agency exceeds an amount determined by
the Administrator, in consultation with the head of the subject
agency, to be significant relative to the contracting volume of
the subject agency.
``(e) Mentor-Protege Agreement.--
``(1) In general.--Before providing assistance to a protege
firm under the Program, a mentor firm shall enter into a
mentor-protege agreement with the protege firm regarding the
assistance to be provided by the mentor firm.
``(2) Contents of agreement.--The agreement required by
paragraph (1) shall include--
``(A) a developmental program for the protege firm,
in such detail as may be reasonable, including--
``(i) factors to assess the developmental
progress of the protege firm under the Program;
and
``(ii) the anticipated number and type of
subcontracts to be awarded to the protege firm;
``(B) a Program participation term of not longer
than 3 years, except that the term may be for a period
of not longer than 5 years if the Administrator
determines, in writing, that unusual circumstances
justify a Program participation term of longer than 3
years; and
``(C) procedures for the protege firm to terminate
the agreement voluntarily and for the mentor firm to
terminate the agreement for cause.
``(f) Forms of Assistance.--A mentor firm may provide to a protege
firm--
``(1) assistance using mentor firm personnel, in--
``(A) general business management, including
organizational management, financial management, and
personnel management, marketing, business development,
and overall business planning;
``(B) engineering and technical matters, including
production, inventory control, and quality assurance;
and
``(C) any other assistance designed to develop the
capabilities of the protege firm under the
developmental program referred to in subsection
(e)(2)(A);
``(2) the award of subcontracts on a noncompetitive basis
under Federal contracts;
``(3) progress payments for performance of the protege firm
under a subcontract referred to in paragraph (2), in amounts as
provided for in the subcontract, except that no such progress
payment may exceed 100 percent of the costs incurred by the
protege firm for the performance;
``(4) advance payments under subcontracts referred to in
paragraph (2);
``(5) loans;
``(6) cash in exchange for an ownership interest in the
protege firm, not to exceed 10 percent of the total ownership
interest;
``(7) assistance obtained by the mentor firm for the
protege firm from--
``(A) small business development centers
established pursuant to section 21;
``(B) entities providing procurement technical
assistance pursuant to chapter 142 of title 10, United
States Code; or
``(C) a historically Black college or university or
a minority institution of higher education.
``(g) Incentives for Mentor Firms.--
``(1) Reimbursement for progress or advance payment.--The
head of the agency for which a mentor firm is contracting may
provide to a mentor firm reimbursement for the total amount of
any progress payment or advance payment made under the Program
by the mentor firm to a protege firm in connection with a
Federal contract awarded to the mentor firm.
``(2) Reimbursement for mentoring assistance.--
``(A) Mentor firm.--The head of the agency for
which a mentor firm is contracting may provide to a
mentor firm reimbursement for the costs of the
assistance furnished to a protege firm pursuant to
paragraphs (1) and (7) of subsection (f), as provided
for in a line item in a Federal contract under which
the mentor firm is furnishing products or services to
the agency, subject to a maximum amount of
reimbursement specified in the contract, except that
this subparagraph does not apply in a case in which the
head of the agency determines in writing that unusual
circumstances justify reimbursement using a separate
contract.
``(B) Total amount of reimbursement.--The total
amount reimbursed under subparagraph (A) to a mentor
firm for costs of assistance furnished in a fiscal year
to a protege firm may not exceed $1,000,000, except in
a case in which the head of the subject agency
determines in writing that unusual circumstances
justify reimbursement of a higher amount.
``(C) Reimbursement to agency.--The head of an
agency may submit documentation to the Administrator
indicating the total amount of reimbursement that the
agency paid to each mentor firm under this paragraph,
and the agency shall be reimbursed by the
Administration for not more than 50 percent of that
total amount, as indicated in the documentation.
``(3) Costs not reimbursed.--
``(A) In general.--
``(i) Credit.--Costs incurred by a mentor
firm in providing assistance to a protege firm
that are not reimbursed pursuant to paragraph
(2) shall be recognized as credit in lieu of
subcontract awards for purposes of determining
whether the mentor firm attains a
subcontracting participation goal applicable to
the mentor firm under a Federal contract or
under a divisional or companywide
subcontracting plan negotiated with an agency.
``(ii) Subject agency authority.--Clause
(i) shall not be construed to authorize the
negotiation of divisional or companywide
subcontracting plans by an agency that did not
have such authority before the date of
enactment of the Governmentwide Mentor-Protege
Program Act of 2001.
``(B) Amount of credit.--The amount of the credit
given to a mentor firm for unreimbursed costs described
in subparagraph (A) shall be equal to--
``(i) 4 times the total amount of the
unreimbursed costs attributable to assistance
provided by entities described in subsection
(f)(7);
``(ii) 3 times the total amount of the
unreimbursed costs attributable to assistance
furnished by the employees of the mentor firm;
and
``(iii) 2 times the total amount of any
other unreimbursed costs.
``(C) Adjustment of credit.--Under regulations
issued by the Administrator pursuant to subsection (j),
the head of the subject agency shall adjust the amount
of credit given to a mentor firm pursuant to
subparagraphs (A) and (B) of this paragraph, if the
head of the subject agency determines that the
performance of the mentor firm regarding the award of
subcontracts to eligible small business concerns has
declined without justifiable cause.
``(h) Administrative Provisions.--
``(1) Developmental assistance.--For purposes of this Act,
no determination of affiliation or control (either direct or
indirect) may be found between a protege firm and its mentor
firm on the basis that the mentor firm has agreed to furnish
(or has furnished) to the protege firm pursuant to a mentor-
protege agreement under this section any form of developmental
assistance described in subsection (f).
``(2) Participation in program.--Notwithstanding section 8,
the Administration may not determine an eligible small business
concern to be ineligible to receive any assistance authorized
under this Act on the basis that the small business concern has
participated in the Program, or has received assistance
pursuant to any developmental assistance agreement authorized
under the Program.
``(3) Administration review.--
``(A) In general.--Upon determining that the
mentor-protege program administered by the subject
agency conforms to the standards set forth in the rules
issued under subsection (j)(1), the Administrator may
not require a small business concern that is entering
into, or has entered into, an agreement under
subsection (e) as a protege firm, or a firm that makes
an application under subsection (c)(1), to submit the
application, agreement, or any other document required
by the agency in the administration of the Program to
the Administration for review, approval, or any other
purpose.
``(B) Exception.--The Administrator may require
submission for review of an agreement entered into
under subsection (e), or application submitted under
subsection (c)(1), if the agreement or application
relates to--
``(i) a mentor-protege program administered
by the agency that does not conform to the
standards set forth in the rules issued under
subsection (j)(1); or
``(ii) a claim for reimbursement of costs
submitted by an agency to the Administration
under subsection (g)(2)(C) that the
Administrator has reason to believe is not
authorized under this section.
``(i) Participation in Program Not To Be a Condition for Award of a
Contract or Subcontract.--A mentor firm may not require a small
business concern to enter into an agreement with the mentor firm
pursuant to subsection (e) as a condition for being awarded a contract
by the mentor firm, including a subcontract under a contract awarded to
the mentor firm.
``(j) Regulations.--
``(1) Proposed rules.--Not later than 270 days after the
date of enactment of the Governmentwide Mentor-Protege Program
Act of 2001, the Administrator shall issue final rules to carry
out this section.
``(2) Proposed rules from the federal acquisition
regulatory council.--Not later than 180 days after the date of
issuance of the final rules of the Administration under
paragraph (1), the Federal Acquisition Regulatory Council shall
publish final rules that conform to the final rules issued by
the Administration.
``(k) Definitions.--In this section--
``(1) the term `eligible small business concern' means--
``(A) any qualified HUBZone small business concern,
as defined in section 3(p)(5);
``(B) any small business concern that is owned and
controlled by women, as defined in section 3(n);
``(C) any small business concern that is owned and
controlled by socially and economically disadvantaged
individuals, as defined in section 8(a)(4); and
``(D) any small business concern that is owned and
controlled by service-disabled veterans, as defined in
section 3(q)(2);
``(2) the term `historically Black college and university'
means any of the historically Black colleges and universities
referred to in section 2323 of title 10, United States Code;
``(3) the term `mentor firm' means a business concern
that--
``(A) meets the requirements of subsection (d); and
``(B) is approved for participation in the Program
under subsection (c)(1);
``(4) the term `minority institution of higher education'
means an institution of higher education with a student body
that reflects the composition specified in paragraphs (3), (4),
and (5) of section 312(b) of the Higher Education Act of 1965
(20 U.S.C. 1058(b)(3), (4), (5));
``(5) the term `Program' means the Mentor-Protege Program
established under this section;
``(6) the term `protege firm' means an eligible small
business concern that receives assistance from a mentor firm
under this section; and
``(7) the term `subcontracting participation goal', with
respect to a Federal Government contract, means a goal for the
extent of the participation by eligible small business concerns
in the subcontracts awarded under such contract, as established
by the Administrator and the subject agency head, in accordance
with the goals established pursuant to section 15(g).
``(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2002 through 2004.''. | Governmentwide Mentor-Protege Program Act of 2001 - Amends the Small Business Act to direct the Administrator of the Small Business Administration to establish the Governmentwide Mentor-Protege Program under which major Federal contractors (mentor firms) assist eligible small businesses (protege firms) to perform as subcontractors and suppliers under Federal contracts. Requires a mentor-protege agreement regarding the assistance to be provided.Provides incentives for mentor firms to enter into such agreements, including reimbursement for progress or advance payments made to protege firms in connection with a Federal contract, as well as reimbursement for mentoring assistance (with a total reimbursement limit of $1 million per protege firm). Prohibits a mentor firm from requiring an eligible small business to enter into an agreement as a condition for the award of a contract or subcontract.Makes eligible for such Program: (1) any qualified HUBZone small business; and (2) any small business owned and controlled by women, socially and economically disadvantaged individuals, or service-disabled veterans. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Start for America Act of 1994''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AFDC AMENDMENTS
Sec. 101. Benefits for first phase families.
Sec. 102. Continuation of AFDC benefits for second phase families for 2
years while working.
Sec. 103. Increase in resource threshold.
Sec. 104. Job training and job search counseling.
Sec. 105. Definitions.
Sec. 106. Elimination of the JOBS program.
Sec. 107. Elimination of rules that treat families differently based on
number of parents in the home.
TITLE II--HOUSING AMENDMENTS
Sec. 201. Temporary exclusion of earned income for purposes of
determining rent paid for units in
federally assisted housing.
TITLE III--FOOD STAMP AMENDMENT
Sec. 301. Continuation of benefits.
Sec. 302. Application of amendment.
TITLE IV--HEAD START AMENDMENT
Sec. 401. Authorization of appropriations for full-day and full-year
services.
TITLE V--EFFECTIVE DATE
Sec. 501. Effective date.
TITLE I--AFDC AMENDMENTS
SEC. 101. BENEFITS FOR FIRST PHASE FAMILIES.
(a) Child Care.--
(1) Vouchers.--Section 402 of the Social Security Act (42
U.S.C. 602) is amended by adding at the end the following:
``(j)(1) Each State agency shall provide to the caretaker relative
of each first phase family in the State vouchers entitling any child
care provider who meets applicable standards of State and local law and
who receives such a voucher to payments from the State equal to the
provider's cost of providing child care with respect to the family.
``(2) The value of a voucher provided under this subsection--
``(A) shall not be treated as income for purposes of any
Federal or federally assisted program that bases eligibility
for, or the amount of, benefits upon need; and
``(B) may not be claimed as an employment-related expense
for purposes of the credit under section 21 of the Internal
Revenue Code of 1986.''.
(2) Payments to states.--Section 403 of such Act (42 U.S.C.
603) is amended by adding at the end the following:
``(o) Each State shall be entitled to payment from the Secretary of
an amount equal to the expenditures by the State under section 402(j)
for any fiscal year.''.
(3) Availability for children whose parents are in job
training.--Section 402(g)(1)(A) of such Act, as amended by
section 105(b)(3) of this Act, is amended by striking ``or
remain employed'' and inserting ``, remain employed, or
participate in job training activities''.
(b) Continuation of AFDC Benefits for 2 Years While Working.--
Section 402(a) of such Act (42 U.S.C. 602(a)) is amended--
(1) by striking ``and'' at the end of paragraph (44);
(2) by striking the period at the end of paragraph (45) and
inserting ``; and''; and
(3) by inserting after paragraph (45) the following:
``(46) provide that a first phase family (as defined in
section 406(d)(1)) shall not be eligible for aid under the
State plan after the earlier of--
``(A) the 2-year period that begins with the date
the parent who is the principal earner for the family
becomes gainfully employed; or
``(B) the 6-month period that begins with the date
the income of the family exceeds 300 percent of the
poverty line.''.
(c) 6-Month Disregard of Assets of Spouse who Marries AFDC
Recipient.--Section 402(a)(7)(B) of such Act (42 U.S.C. 602(a)(7)(B))
is amended--
(1) by striking ``or'' at the end of clause (iii); and
(2) by inserting ``, or (v) in the case of a family
receiving such aid the caretaker relative for whom marries an
individual in a month, any asset of the individual, but only
for the 6-month period that begins with the month after the
month in which the marriage occurs'' before the semicolon.
SEC. 102. CONTINUATION OF AFDC BENEFITS FOR SECOND PHASE FAMILIES FOR 2
YEARS WHILE WORKING.
Section 402(a)(46) of the Social Security Act (42 U.S.C.
602(a)(46)), as added by section 101(b)(3) of this Act, is amended by
inserting ``or a second phase family (as defined in section
406(d)(2))'' before ``shall not''.
SEC. 103. INCREASE IN RESOURCE THRESHOLD.
Section 402(a)(7)(B) of the Social Security Act (42 U.S.C.
602(a)(7)(B)) is amended by striking ``$1,000 or such lower amount as
the State may determine'' and inserting ``$2,500''.
SEC. 104. JOB TRAINING AND JOB SEARCH COUNSELING.
Section 402(a) of the Social Security Act (42 U.S.C. 602(a)), as
amended by section 101(b) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (45);
(2) by striking the period at the end of paragraph (46) and
inserting ``; and''; and
(3) by inserting after paragraph (46) the following:
``(47) provide that--
``(A) the State agency shall provide job training
and job search counseling to all recipients of aid
under the State plan, including--
``(i) educational activities (as
appropriate), including high school or
equivalent education (combined with training as
needed), basic and remedial education to
achieve a basic literacy level, and education
for individuals with limited English
proficiency;
``(ii) job skills training;
``(iii) job readiness activities to help
prepare participants for work; and
``(iv) job development and job placement;
and
``(B) the State agency shall not make such job
training or job search counseling available to any
second phase family until such job training and job
search counseling has been made available to each first
phase family, and shall not make such job training or
job search counseling available to any family that is
not a first phase family or a second phase family until
such job training and job search counseling has been
made available to each second phase family.''.
SEC. 105. DEFINITIONS.
Section 406(d) of the Social Security Act (42 U.S.C. 606(d)) is
amended to read as follows:
``(d)(1) The term `first phase family' means a qualified family the
parent who is the principal earner for which has ever been gainfully
employed for 3 or more months (whether or not consecutive).
``(2) The term `second phase family' means a qualified family the
parent who is the principal earner for which--
``(A) has graduated from secondary school or has a
certificate of high school equivalency; and
``(B) has never been gainfully employed.
``(3) The term `qualified family' means a family that--
``(A) is a recipient of aid to families with dependent
children under a State plan approved under this part; and
``(B) includes a dependent child who is eligible for
benefits under the Head Start program or who has attained 6
years of age.
``(4) The term `poverty line' means, with respect to a family, the
income official poverty line (as defined by the Office of Management
and Budget, and revised annually in accordance with section 673(2) of
the Omnibus Budget Reconciliation Act of 1981) applicable to a family
of the same size as the family.''.
SEC. 106. ELIMINATION OF THE JOBS PROGRAM.
(a) In General.--
(1) Section 402(a) of the Social Security Act (42 U.S.C.
602(a)) is amended by striking paragraph (19).
(2) Section 403 of such Act (42 U.S.C. 603) is amended by
striking subsections (k) and (l), except that subparagraph (A)
of section 403(l)(3) shall remain in effect for purposes of
applying any reduction in payment rates required by such
subparagraph for any of the fiscal years specified in such
subparagraph.
(3) Part F of title IV of such Act is hereby repealed.
(b) Conforming Amendments.--
(1) Section 402(a)(9)(A) of such Act (42 U.S.C.
602(a)(9)(A)) is amended by striking ``(including activities
under part F)''.
(2) Section 402(a)(44)(A) of such Act (42 U.S.C.
602(a)(44)(A)) is amended by striking ``, part D, and part F''
and inserting ``and part D''.
(3) Section 402(g)(1)(A)(i) of such Act (42 U.S.C.
602(g)(1)(A)(i)) is amended by striking ``--'' and all that
follows and inserting ``for each family with a dependent child
requiring such care, to the extent that such care is determined
by the State agency to be necessary for an individual in the
family to accept employment or remain employed.''.
(4) Section 402(g) of such Act (42 U.S.C. 602(g)) is
amended by striking paragraph (2).
(5) Section 417 of such Act (42 U.S.C. 617) is amended by
striking ``, part D, and part F'' and inserting ``and part D''.
(6) Section 471(a)(8)(A) of such Act (42 U.S.C.
671(a)(8)(A)) is amended by striking ``(including activities
under part F)''.
(7) Section 1115(b)(2)(A) of such Act (42 U.S.C.
1315(b)(2)(A)) is amended by striking ``, and 402(a)(19)
(relating to the work incentive program)''.
(8) Section 1108 of such Act (42 U.S.C. 1308) is amended--
(A) in subsection (a), by striking ``or, in the
case of part A of title IV, section 403(k)''; and
(B) in subsection (d), by striking ``(exclusive of
any amounts on account of services and items to which,
in the case of part A of such title, section 403(k)
applies)''.
(9) Section 1902(a)(10)(A)(i)(I) of such Act (42 U.S.C.
1396a(a)(19)(A)(i)(I)) is amended by striking ``, or considered
by the State to be receiving such aid as authorized by section
482(e)(6)''.
(10) Section 1928(a)(1) of such Act (42 U.S.C. 1396s(a)(1))
is amended by striking subparagraph (D).
(11) Section 51(c)(2) of the Internal Revenue Code of 1986
is amended by striking subparagraph (B).
SEC. 107. ELIMINATION OF RULES THAT TREAT FAMILIES DIFFERENTLY BASED ON
NUMBER OF PARENTS IN THE HOME.
(a) In General.--
(1) Section 402(a) of the Social Security Act (42 U.S.C.
602(a)) is amended by striking paragraphs (41) and (42).
(2) Section 407 of such Act (42 U.S.C. 607) is hereby
repealed.
(b) Conforming Amendments.--
(1) Section 402(a)(38)(B) of such Act (42 U.S.C.
602(a)(38)(B)) is amended by striking ``or in section 407(a)''.
(2) Section 406(a)(1) of such Act (42 U.S.C. 606(a)(1)) is
amended by striking ``who has been deprived'' and all that
follows through ``incapacity of a parent''.
(3) Section 406(b)(1) of such Act (42 U.S.C. 606(b)(1)) is
amended by striking ``and if such relative'' and all that
follows through ``section 407''.
(4) Section 472(a) of such Act (42 U.S.C. 672(a)) is
amended by striking ``or of section 407''.
(5) Section 473(a)(2)(A)(i) of such Act (42 U.S.C.
672(a)(2)(A)(i)) is amended by striking ``or section 407''.
(6) Section 1115(b) of such Act (42 U.S.C. 1315(b)) is
amended by striking paragraph (5).
(7) Section 1115 of such Act (42 U.S.C. 1315) is amended by
striking subsection (d).
(8) Section 1902(a)(10)(A)(i) of such Act (42 U.S.C.
1396a(a)(10)(A)(i)) is amended by striking subclause (V) and by
redesignating subclauses (VI) and (VII) as subclauses (V) and
(VI), respectively.
(9) Section 1905 of such Act (42 U.S.C. 1396d) is amended
by striking subsection (m).
(10) Section 1905(n)(1) of such Act (42 U.S.C. 1396d(n)(1))
is amended--
(A) in subparagraph (A)--
(i) by striking ``(or'' and all that
follows through ``407)''; and
(ii) by adding ``or'' at the end; and
(B) by striking subparagraph (B).
TITLE II--HOUSING AMENDMENTS
SEC. 201. TEMPORARY EXCLUSION OF EARNED INCOME FOR PURPOSES OF
DETERMINING RENT PAID FOR UNITS IN FEDERALLY ASSISTED
HOUSING.
(a) In General.--Notwithstanding any other provision of law, the
amount of rent payable for a qualified dwelling unit by a family (1)
whose income increases as a result of employment of a member of the
family who was previously unemployed, and (2) who was receiving aid to
families with dependent children under a State plan approved under part
A of title IV of the Social Security Act immediately before such
employment, may not be increased because of the increased income due to
such employment for the 24-month period beginning upon the commencement
of such employment.
(b) Qualified Dwelling Unit.--For purposes of this section, the
term ``qualified dwelling unit'' means a dwelling unit--
(1) for which assistance is provided by the Secretary of
Housing and Urban Development in the form of any grant,
contract, loan, loan guarantee, cooperative agreement, rental
assistance payment, interest subsidy, insurance, or direct
appropriation, or that is located in a project for which such
assistance is provided; and
(2) for which the amount of rent paid by the occupying
family is limited, restricted, or determined under law or
regulation based on the income of the family.
TITLE III--FOOD STAMP AMENDMENT
SEC. 301. CONTINUATION OF BENEFITS.
Section 5(c) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)) is
amended by adding at the end the following:
``Notwithstanding any other provision of this subsection, in the case
of a household that includes a member who is employed and who in the
then most recent 2-year period participated fully in the job training
and job search counseling described in section 402(a)(47) of the Social
Security Act and provided under a State plan approved under part A of
title IV of such Act, all earned income shall be excluded for purposes
of determining eligibility under such standards unless the aggregate
income of such household exceeds the poverty line by more than 300
percent.''.
SEC. 302. APPLICATION OF AMENDMENT.
The amendment made by section 301 shall not apply with respect to
certification periods beginning before the date of the enactment of
this Act.
TITLE IV--HEAD START AMENDMENT
SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR FULL-DAY AND FULL-YEAR
SERVICES.
Section 639 of the Head Start Act (42 U.S.C. 9834) is amended by
adding at the end the following:
``(d) There is authorized to be appropriated $1,000,000,000 to
provide Head Start services during the full working day and the full
calendar year.''.
TITLE V--EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 1
year after the date of the enactment of this Act. | TABLE OF CONTENTS:
Title I: AFDC Amendments
Title II: Housing Amendments
Title III: Food Stamp Amendment
Title IV: Head Start Amendment
Title V: Effective Date
Job Start for America Act of 1994 -
Title I: AFDC Amendments
- Amends part A of title IV (Aid to Families with Dependent Children) (AFDC) of the Social Security Act (SSA) to require each State agency to provide to the caretaker relative of each first phase family (as defined by this Act) vouchers entitling any child care provider meeting applicable State and local standards to State payments equal to the provider's cost of providing child care with respect to the family.
(Sec. 101) Provides for continuance of AFDC benefits for first phase and second phase families (as defined by this Act) for: (1) two years after the principal earner parent becomes gainfully employed; or (2) six months after the family income exceeds 300 percent of the poverty line.
Disregards the assets of a spouse who marries an AFDC recipient for the first six months after the wedding.
(Sec. 103) Increases from $1,000 (or any State-determined lower amount) to $2,500 the eligibility resource threshold for receipt of AFDC benefits.
(Sec. 104) Requires a State plan to provide that a State agency shall provide job training and job search counseling to all AFDC recipients, including educational activities, job skills training, job readiness activities, job development, and job placement. Sets priorities for provision of job training and job search counseling, first to all first phase families, then to all second phase families, then to any family neither one nor the other.
(Sec. 105) Defines: (1) first phase family as one whose principal earner parent has never been gainfully employed for three or more months (whether or not consecutive); and (2) second phase family as one whose principal earner parent has graduated from secondary school or received a high school equivalency certificate, but has never been gainfully employed.
(Sec. 106) Repeals: (1) part F of SSA title IV (Job Opportunities and Basic Skills (JOBS) Training Programs); and (2) requirements for treating families differently based on the number of parents in the home.
Title II: Housing Amendments
- Prohibits for a 24-month period any rent increase for a qualified dwelling unit because of increased income due to employment with respect to a family: (1) whose income increases as a result of the employment of a family member who was previously unemployed; and (2) who was receiving AFDC payments immediately before such employment.
Title III: Food Stamp Amendment
- Amends the Food Stamp Act of 1977 to exclude for food stamp eligibility purposes all earned income of a household that includes a member who is employed and who in the most recent two-year period participated fully in a State job training and job search counseling program under this Act, unless the household's aggregate income exceeds the poverty line by more than 300 percent.
Title IV: Head Start Amendment
- Amends the Head Start Act to authorize appropriations for full-day and full-year services.
Title V: Effective Date
- Sets forth the effective date of this Act. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Adopting Families
Act''.
SEC. 2. CREDIT FOR ADOPTION EXPENSES.
(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. ADOPTION EXPENSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year the amount of the qualified adoption expenses paid
or incurred by the taxpayer during such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount of qualified
adoption expenses which may be taken into account under
subsection (a) with respect to the adoption of a child shall
not exceed $5,000.
``(2) Income limitation.--The amount allowable as a credit
under subsection (a) for any taxable year shall be reduced (but
not below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income exceeds $60,000, bears to
``(B) $40,000.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is allowable under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that funds
for such expense are received under any Federal, State,
or local program.
``(C) Reimbursement.--No credit shall be allowed
under subsection (a) for any expense to the extent that
such expense is reimbursed and the reimbursement is
excluded from gross income under section 137.
``(c) Carryforwards of Unused Credit.--If the credit allowable
under subsection (a) for any taxable year exceeds the limitation
imposed by section 26(a) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this section),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year. No
credit may be carried forward under this subsection to any taxable year
following the fifth taxable year after the taxable year in which the
credit arose.
``(d) Qualified Adoption Expenses.--For purposes of this section,
the term `qualified adoption expenses' means reasonable and necessary
adoption fees, court costs, attorney fees, and other expenses which are
directly related to the legal and finalized adoption of a child by the
taxpayer and which are not incurred in violation of State or Federal
law or in carrying out any surrogate parenting arrangement. The term
`qualified adoption expenses' shall not include any expenses in
connection with the adoption by an individual of a child who is the
child of such individual's spouse.
``(e) Married Couples Must File Joint Returns.--Rules similar to
the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply
for purposes of this section.''
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 22 the
following new item:
``Sec. 23. Adoption expenses.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 3. EXCLUSION OF AMOUNTS RECEIVED UNDER EMPLOYER'S ADOPTION
ASSISTANCE PROGRAMS.
(a) In General.--Part III of subchapter B of chapter 1 of such Code
(relating to items specifically excluded from gross income) is amended
by redesignating section 137 as section 138 and by inserting after
section 136 the following new section:
``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.
``(a) In General.--Gross income of an employee does not include
amounts paid or expenses incurred by the employer for qualified
adoption expenses in connection with the adoption of a child by an
employee if such amounts are furnished pursuant to an adoption
assistance program.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount excludable
from gross income under subsection (a) for all taxable years
with respect to the legal adoption of any single child by the
taxpayer shall not exceed $5,000.
``(2) Income limitation.--The amount excludable from gross
income under subsection (a) for any taxable year shall be
reduced (but not below zero) by an amount which bears the same
ratio to the amount so excludable (determined without regard to
this paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income (determined without regard to this
section) exceeds $60,000, bears to
``(B) $40,000.
``(c) Adoption Assistance Program.--For purposes of this section,
an adoption assistance program is a plan of an employer--
``(1) under which the employer provides employees with
adoption assistance, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), and (5) of section 127(b).
An adoption reimbursement program operated under section 1052 of title
10, United States Code (relating to armed forces) or section 514 of
title 14, United States Code (relating to members of the Coast Guard)
shall be treated as an adoption assistance program for purposes of this
section.
``(d) Qualified Adoption Expenses.--For purposes of this section,
the term `qualified adoption expenses' has the meaning given such term
by section 23(d).''.
(b) Clerical Amendment.--The table of sections for such part III is
amended by striking the item relating to section 137 and inserting the
following:
``Sec. 137. Adoption assistance programs.
``Sec. 138. Cross reference to other
Acts.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995. | Fairness for Adopting Families Act - Amends the Internal Revenue Code to allow a credit for adoption expenses. Excludes from gross income amounts paid or expenses incurred by the employer for adoption, if furnished pursuant to an adoption assistance program. Imposes both dollar and income limits on both the credit and the exclusion. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Wireless Disclosure
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2011, the President set a goal of bringing next
generation wireless broadband Internet access service to at
least 98 percent of Americans within 5 years.
(2) The Federal Communications Commission's National
Broadband Plan sets a minimum target of delivering universal,
affordable broadband Internet access service with actual
download speeds of at least 4 megabits per second and actual
upload speeds of at least 1 megabit per second.
(3) The 4 largest wireless service providers advertise 4G
service using different wireless mobile broadband technologies,
including LTE (Long Term Evolution), WiMAX (Worldwide
Interoperability for Microwave Access), and HSPA+ (Evolved High
Speed Packet Access).
(4) Although the International Telecommunication Union has
expanded its definition of 4G service to include these
technologies, theoretical peak speeds and actual speeds
experienced by consumers vary widely across technologies and
service providers.
(5) In 2010, the United States wireless industry generated
almost $160 billion in revenue, with approximately $50 billion
of this total derived from wireless data.
(6) Consumers need accurate information before selecting a
provider of wireless mobile broadband service.
(7) Providers and other sellers of advanced wireless mobile
broadband service should be required to make accurate and
reasonable disclosures of the terms and conditions of such
service in order to give consumers the necessary information to
make informed decisions about such service and to promote
greater transparency in the market.
SEC. 3. REQUIRED DISCLOSURES OF TERMS AND CONDITIONS OF ADVANCED
WIRELESS MOBILE BROADBAND SERVICE.
(a) Sale to Consumers.--
(1) In general.--A person who sells advanced wireless
mobile broadband service directly to a consumer shall
accurately disclose the terms and conditions of such service by
displaying such terms and conditions consistently, clearly, and
prominently in all marketing materials for such service, at the
point of sale of such service, and (in the case of postpaid
advanced wireless mobile broadband service) in all bills for
such service. The terms and conditions disclosed shall include
the information described in subsection (c).
(2) Special rules for prepaid service.--
(A) Off-the-shelf transactions.--Paragraph (1) does
not apply in the case of a transaction in which both--
(i) the consumer receives a device that
allows the consumer to access a specified
quantity of prepaid advanced wireless mobile
broadband service; and
(ii) the consumer's interaction with the
agents of the person from whom the consumer
makes the purchase is such that the average
consumer would not expect such agents to have
expertise regarding the terms and conditions of
such service.
(B) Packagers of prepaid service.--A person who
packages prepaid advanced wireless mobile broadband
service for ultimate sale to a consumer in a
transaction described in subparagraph (A) shall
accurately disclose the terms and conditions of such
service by displaying such terms and conditions
consistently, clearly, and prominently in all marketing
materials for such service and on the packaging of the
device described in clause (i) of such subparagraph.
The terms and conditions disclosed shall include the
information described in subsection (c).
(b) Sale to Resellers.--A person who sells advanced wireless mobile
broadband service wholesale to another person for ultimate sale to
consumers shall disclose to such other person the information necessary
to permit such other person to comply with subsection (a).
(c) Information Described.--The information described in this
subsection is the following:
(1) The guaranteed minimum transmit and receive data rates
for Internet protocol packets to and from on-network hosts for
the service, expressed in megabits per second. For purposes of
the preceding sentence, a minimum data rate is not guaranteed
unless it is available for a percentage of the time in a
calendar month to be established by the Commission.
(2) The reliability rating of the service. The Commission
shall establish a standard method that shall be used to
calculate the reliability rating of the service, which shall be
based on the data session start success percentage (network
accessibility) and the data session completion success
percentage (network retainability) of the service.
(3) The price of the service stated in terms of--
(A) in the case of service that is priced based on
the volume of data sent or received, the price per unit
of data sent or received; or
(B) in the case of service for which a flat rate is
charged for service over a given time period--
(i) the flat rate; and
(ii) a detailed description of any limits
on the use of such service over such time
period, by volume of data sent or received or
otherwise.
(4) Any other charges that the consumer of the service will
incur that are not included in the price as stated pursuant to
paragraph (3).
(5) The network management policies of the service with
respect to Internet protocol packets to and from on-network
hosts, including the following:
(A) Any business practices or technical mechanisms
employed by the service provider, other than standard
best-effort delivery, that allocate capacity or
prioritize traffic differently on the basis of the
source of the applications, content, or services.
(B) Any limits or prohibitions on the use of
certain applications or services.
(C) Any traffic shaping or throttling mechanisms
that affect the service as a result of exceeding
certain usage limits.
(6) The technology used to provide the service, such as LTE
(Long Term Evolution), WiMAX (Worldwide Interoperability for
Microwave Access), or HSPA+ (Evolved High Speed Packet Access).
(7) The uniform resource locator of a website (together
with a brief description of the contents of the website) on
which is located the following:
(A) The complete terms of service, acceptable use
policy, and any other documentation related to the
network management policies of the service provider.
(B) A map of the coverage area of the service. If
different technologies are used to provide the service
in different geographic areas, the map shall indicate
the technology used in each area.
(d) Manner and Form of Disclosures.--The Commission may prescribe
the manner and form of the disclosures required by this section.
(e) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Commission shall promulgate regulations
implementing this section.
(f) Enforcement.--The Commission shall enforce this section as if
this section were a part of the Communications Act of 1934 (47 U.S.C.
151 et seq.). A violation of this section or a regulation promulgated
under this section shall be considered to be a violation of such Act or
a regulation promulgated under such Act, respectively.
(g) Coverage Area Defined.--In this section, the term ``coverage
area'' shall have the meaning given such term by the Commission. The
Commission shall set minimum signal strength and data rate requirements
in order for a location to be considered to be within the coverage area
of an advanced wireless mobile broadband service.
SEC. 4. STUDY BY FEDERAL COMMUNICATIONS COMMISSION.
(a) Study.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter, the Commission shall complete a
study evaluating the speed and pricing of advanced wireless mobile
broadband service offered in the United States by the 10 largest
providers of such service, as measured by the number of consumers to
whom a provider provides such service in coverage areas that include
any part of the United States.
(b) Initial Report to Congress.--Not later than 10 days after
completing the initial study required by subsection (a), the Commission
shall submit to Congress a report on the results of such study.
(c) Inclusion in Annual CMRS Competition Reports.--The Commission
shall include the results of each study conducted under subsection (a)
in the next report on the findings of the review required by section
332(c)(1)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C))
that is adopted after the completion of such study.
SEC. 5. DEFINITIONS.
In this Act:
(1) 4G service.--The term ``4G service'' includes wireless
mobile broadband service that utilizes technologies that
fulfill the requirements set forth in the International Mobile
Telecommunications Advanced standard promulgated by the
International Telecommunication Union, any forerunner
technologies for which the designation ``4G'' has been approved
by the International Telecommunication Union, and any
technologies that are broadly marketed as ``4G'' service.
(2) Advanced wireless mobile broadband service.--The term
``advanced wireless mobile broadband service'' means 4G service
or any wireless mobile broadband service that utilizes a
successor technology to 4G technology.
(3) Best-effort delivery.--The term ``best-effort
delivery'' means the common Internet protocol network model in
which a network service routes Internet protocol packets on a
first-in, first-out basis and does not distinguish based on the
source, type, or other unique characteristics of the Internet
protocol packets for the purpose of establishing different
levels of delivery priority.
(4) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(5) On-network host.--The term ``on-network host'' means
any networking routing equipment owned, operated, or within the
control of a wireless mobile broadband service provider that
transmits or receives Internet protocol packets or any points
in a network before a subscriber's data traffic travels to a
centralized routing facility that interconnects at an exchange
point with broadband service providers that are not affiliated
with such wireless mobile broadband service provider.
(6) Postpaid.--The term ``postpaid'' means, with respect to
advanced wireless mobile broadband service, that the service is
not prepaid.
(7) Prepaid.--The term ``prepaid'' means, with respect to
advanced wireless mobile broadband service, that the consumer
of such service pays for a specified quantity of service
(whether measured by volume of data transferred, amount of time
the service is in use, or otherwise) before gaining access to
such service and must affirmatively purchase any additional
quantities of service before gaining access to such additional
quantities. | Next Generation Wireless Disclosure Act - Requires a person selling advanced wireless mobile broadband service (4G service or a successor technology) directly to a consumer to prominently, clearly, and accurately disclose service terms and conditions in marketing materials and upon sale. Excludes from such requirements transactions in which the consumer receives a device allowing access to a specified quantity of prepaid advanced wireless mobile broadband service when the average consumer would not expect the selling agents to have expertise regarding the terms and conditions. Directs a person: (1) packaging such prepaid service for ultimate sale to consumers to accurately and clearly display the terms and conditions on all marketing materials and packaging; and (2) selling wholesale service to another person for ultimate sale to consumers to disclose the information necessary to permit such other person to comply with this Act.
Sets forth required disclosures including: (1) the guaranteed minimum transmit and receive data rates for Internet protocol packets, (2) reliability ratings, (3) service-based pricing, (4) network management policies, (5) utilized technology services, and (6) a website showing complete terms of service and coverage area maps.
Requires the Federal Communications Commission (FCC) to: (1) promulgate implementing regulations, (2) set minimum signal strength and data rates for a location to be within the coverage area of such service, and (3) enforce this Act as if it were a part of the Communications Act of 1934.
Directs the FCC to complete an annual study evaluating the speed and pricing of advanced wireless mobile broadband service offered in the United States by the 10 largest service providers. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Connect The Nation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The deployment and adoption of broadband service and
information technology has resulted in enhanced economic
development and public safety for communities across the
Nation, improved health care and educational opportunities, and
a better quality of life for all Americans.
(2) Continued progress in the deployment and adoption of
broadband and other advanced information services is vital to
ensuring that our Nation remains competitive and continues to
create business and job growth.
(3) The Federal Government should also recognize and
encourage complementary state efforts to improve the quality
and usefulness of broadband data and should encourage and
support the partnership of the public and private sectors in
the continued growth of broadband service and information
technology for the residents and businesses of the Nation.
SEC. 3. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.
(a) Purposes.--The purposes of this section are--
(1) to ensure that all citizens and businesses in a State
have access to affordable and reliable broadband service;
(2) to achieve improved technology literacy, increased
computer ownership, and home broadband use among such citizens
and businesses;
(3) to establish and empower local grassroots technology
teams in each State to plan for improved technology use across
multiple community sectors; and
(4) to establish and sustain an environment ripe for
broadband service and information technology investment.
(b) Establishment of State Broadband Data and Development Grant
Program.--
(1) In general.--The Secretary shall award grants, taking
into account the results of the peer review process under
subsection (d), to eligible entities for the development and
implementation of statewide initiatives to identify and track
the availability and adoption of broadband service within each
State.
(2) Competitive basis.--Any grant under this section shall
be awarded on a competitive basis.
(c) Eligibility.--To be eligible to receive a grant under
subsection (b), an eligible entity shall--
(1) submit an application to the Secretary, at such time,
in such manner, and containing such information as the
Secretary may require; and
(2) agree to contribute matching non-Federal funds in an
amount equal to not less than 20 percent of the total amount of
the grant.
(d) Peer Review.--
(1) In general.--The Secretary shall by regulation require
appropriate technical and scientific peer review of
applications made for grants under this section.
(2) Review procedures.--The regulations required under
paragraph (1) shall require that any technical and scientific
peer review group--
(A) be provided a written description of the grant
to be reviewed;
(B) provide the results of any review by such group
to the Secretary; and
(C) certify that such group will enter into
voluntary nondisclosure agreements as necessary to
prevent the unauthorized disclosure of confidential and
propriety information provided by broadband service
providers in connection with projects funded by any
such grant.
(e) Use of Funds.--A grant awarded to an eligible entity under
subsection (b) shall be used--
(1) to provide a baseline assessment of broadband service
deployment in each State;
(2) to identify and track--
(A) areas in each State that have low levels of
broadband service deployment;
(B) the rate at which residential and business
customers adopt broadband service and other related
information technology services; and
(C) possible suppliers of such services;
(3) to identify barriers to the adoption by individuals and
businesses of broadband service and related information
technology services, including whether or not--
(A) the demand for such services is absent; and
(B) the supply for such services is capable of
meeting the demand for such services;
(4) to create and facilitate in each county or designated
region in a State a local technology planning team--
(A) with members representing a cross section of
the community, including representatives of business,
telecommunications labor organizations, K-12 education,
health care, libraries, higher education, community-
based organizations, local government, tourism, parks
and recreation, and agriculture; and
(B) which shall--
(i) measure technology use across relevant
community sectors;
(ii) set goals for improved technology use
within each sector; and
(iii) develop a tactical business plan for
achieving the local technology planning team's
goals, with specific recommendations for online
application development and demand creation;
(5) to work collaboratively with broadband service
providers and information technology companies to encourage
deployment and use, especially in unserved and underserved
areas, through the use of local demand aggregation, mapping
analysis, and the creation of market intelligence to improve
the business case for providers to deploy;
(6) to establish programs to improve computer ownership and
Internet access for unserved and underserved populations;
(7) to collect and analyze detailed market data concerning
the use and demand for broadband service and related
information technology services;
(8) to facilitate information exchange regarding the use
and demand for broadband service between public and private
sectors; and
(9) to create within each State a geographic inventory map
of broadband service, which shall--
(A) identify gaps in such service through a method
of geographic information system mapping of service
availability at the census block level; and
(B) provide a baseline assessment of statewide
broadband deployment in terms of households with high-
speed availability.
(f) Participation Limit.--For each State, an eligible entity may
not receive a new grant under this section to fund the activities
described in subsection (e) within such State if such organization
obtained prior grant awards under this section to fund the same
activities in that State in each of the previous 4 consecutive years.
(g) Report.--Each recipient of a grant under subsection (b) shall
submit a report on the use of the funds provided by the grant to the
Secretary not later than 1 year after the funds were received.
(h) Definitions.--In this section:
(1) Broadband service.--The term ``broadband service''
means any service that connects to the public Internet that
provides a data transmission-rate equivalent to at least 200
kilobits per second or any successor transmission-rate
established by the Federal Communications Commission, in at
least 1 direction.
(2) Eligible entity.--The term ``eligible entity'' means a
nonprofit organization--
(A) that is selected by a State to work in
partnership with State agencies and private sector
partners in identifying and tracking the availability
and adoption of broadband service within each State;
(B) that has an established competency and proven
record of working with public and private sectors to
accomplish widescale deployment and adoption of
broadband service and information technology; and
(C) the board of directors of which is not composed
of a majority of individuals who are also employed by,
or otherwise associated with, any Federal, State, or
local government or any Federal, State, or local
agency.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means an organization--
(A) 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
(B) no part of the net earnings of which inures to
the benefit of any member, founder, contributor, or
individual.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) State.--The term ``State'' means each State, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, and federally
recognized Indian tribes.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for each of fiscal
years 2008 through 2012.
(j) No Regulatory Authority.--Nothing in this Act shall be
construed as giving any public or private entity established or
affected by this Act any regulatory jurisdiction or oversight authority
over providers of broadband service or information technology. | Connect The Nation Act - Provides for grants to develop and implement statewide initiatives to identify and track the availability and adoption of broadband service within each state. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Capitol Police
Administrative Technical Corrections Act of 2008''.
SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF THE CAPITOL POLICE.
(a) Clarification of Certain Hiring Authorities.--
(1) Chief administrative officer.--Section 108(a) of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903(a))
is amended to read as follows:
``(a) Chief Administrative Officer.--
``(1) Establishment.--There shall be within the Capitol
Police an Office of Administration, to be headed by the Chief
Administrative Officer, who shall report to and serve at the
pleasure of the Chief of the Capitol Police.
``(2) Appointment.--The Chief Administrative Officer shall
be appointed by the Chief of the Capitol Police, after
consultation with the Capitol Police Board.
``(3) Compensation.--The annual rate of pay for the Chief
Administrative Officer shall be the amount equal to $1,000 less
than the annual rate of pay in effect for the Chief of the
Capitol Police.''.
(2) Administrative provisions.--Section 108 of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is
amended by striking subsection (c).
(3) Certifying officers.--Section 107 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1904) is amended--
(A) in subsection (a), by striking ``the Capitol
Police Board'' and inserting ``the Chief of the Capitol
Police''; and
(B) in subsection (b)(1), by striking ``the Capitol
Police Board'' and inserting ``the Chief of the Capitol
Police''.
(4) Personnel actions of the chief of the capitol police.--
(A) Section 1018(e) of the Legislative Branch Appropriations
Act, 2003 (2 U.S.C. 1907(e)) is amended by striking paragraph
(1) and inserting the following:
``(1) Authority.--The Chief of the Capitol Police, in
carrying out the duties of office, with the concurrence of the
Capitol Police Board, is authorized to appoint, hire, suspend
with or without pay, discipline, discharge and set the terms,
conditions, and privileges of employment of employees of the
Capitol Police, subject to and in accordance with applicable
laws and regulations.''.
(B)(i) Section 1823 of the Revised Statutes of the United
States (2 U.S.C. 1928) is hereby repealed.
(ii) The proviso in the Act of Mar. 3, 1875 (ch. 129; 18
Stat. 345), popularly known as the ``Legislature, Executive,
and Judicial Appropriation Act, fiscal year 1876'', which is
codified at section 1929 of title 2, United States Code (2000
Editions, Supp. V), is repealed.
(5) Conforming application of congressional accountability
act of 1995.--
(A) In general.--Section 101(9)(D) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1301(9)(D)) is amended by striking ``the Capitol Police
Board,'' and inserting ``the United States Capitol
Police,''.
(B) No effect on current proceedings.--Nothing in
the amendment made by subparagraph (A) may be construed
to affect any procedure initiated under title IV of the
Congressional Accountability Act of 1995 prior to the
date of the enactment of this Act.
(6) No effect on current personnel.--Nothing in the
amendments made by this subsection may be construed to affect
the status of any individual serving as an officer or employee
of the United States Capitol Police as of the date of the
enactment of this Act.
(b) Deposit of Reimbursements for Law Enforcement Assistance.--
(1) In general.--Section 2802 of the Supplemental
Appropriations Act, 2001 (2 U.S.C. 1905) is amended--
(A) in subsection (a)(1), by striking ``Capitol
Police Board'' each place it appears and inserting
``United States Capitol Police''; and
(B) in subsection (a)(2), by striking ``Capitol
Police Board'' and inserting ``Chief of the United
States Capitol Police''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of the
Supplemental Appropriations Act, 2001.
(c) Prior Notice to Authorizing Committees of Deployment Outside
Jurisdiction.--Section 1007(a)(1) of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 1978(a)(1)) is amended by striking
``prior notification to'' and inserting the following: ``prior
notification to the Committee on House Administration of the House of
Representatives, the Committee on Rules and Administration of the
Senate, and''.
SEC. 3. GENERAL COUNSEL TO THE CHIEF OF POLICE AND THE UNITED STATES
CAPITOL POLICE.
(a) Legal Representation Authority.--
(1) In general.--Section 1002(a)(2)(A) of the Legislative
Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(A)) is
amended by striking ``the General Counsel for the United States
Capitol Police Board and the Chief of the Capitol Police'' and
inserting ``the General Counsel to the Chief of Police and the
United States Capitol Police''.
(2) No effect on current proceedings.--Nothing in the
amendment made by paragraph (1) may be construed to affect the
authority of any individual to enter an appearance in any
proceeding before any court of the United States or of any
State or political subdivision thereof which is initiated prior
to the date of the enactment of this Act.
(b) Technical and Conforming Amendment.--House Resolution 661,
Ninety-fifth Congress, agreed to July 29, 1977, as enacted into
permanent law by section 111 of the Legislative Branch Appropriation
Act, 1979 (2 U.S.C. 1901 note) is repealed.
(c) No Effect on Current General Counsel.--Nothing in this section
or the amendments made by this section may be construed to affect the
status of the individual serving as the General Counsel to the Chief of
Police and the United States Capitol Police as of the date of the
enactment of this Act.
SEC. 4. CLARIFICATION OF AUTHORITIES REGARDING CERTAIN PERSONNEL
BENEFITS.
(a) No Lump Sum Payment Permitted for Unused Compensatory Time.--
(1) In general.--No officer or employee of the United
States Capitol Police whose service with the United States
Capitol Police is terminated may receive any lump-sum payment
with respect to accrued compensatory time off, except to the
extent permitted under section 203(c)(4) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313(c)(4)).
(2) Repeal of related obsolete provisions.--(A) Section 3
of House Resolution 449, Ninety-second Congress, agreed to June
2, 1971, as enacted into permanent law by chapter IV of the
Supplemental Appropriations Act, 1972 (85 Stat. 636) (2 U.S.C.
1924), together with any other provision of law which relates
to compensatory time for the Capitol Police which is codified
at section 1924 of title 2, United States Code (2000 Editions,
Supp. V), is hereby repealed.
(B) The last full paragraph under the heading
``Administrative Provisions'' in the appropriation for the
Senate in the Legislative Branch Appropriations Act, 1972 (85
Stat. 130) (2 U.S.C. 1925) is hereby repealed.
(b) Overtime Compensation for Officers and Employees Exempt From
Fair Labor Standards Act of 1938.--
(1) Criteria under which compensation permitted.--The Chief
of the Capitol Police may provide for the compensation of
overtime work of exempt individuals which is performed on or
after the date of the enactment of this Act, in the form of
additional pay or compensatory time off, only if--
(A) the overtime work is carried out in connection
with special circumstances, as determined by the Chief;
(B) the Chief has established a monetary value for
the overtime work performed by such individual; and
(C) the sum of the total amount of the compensation
paid to the individual for the overtime work (as
determined on the basis of the monetary value
established under subparagraph (B)) and the total
regular compensation paid to the individual with
respect to the pay period involved may not exceed an
amount equal to the cap on the aggregate amount of
annual compensation that may be paid to the individual
under applicable law during the year in which the pay
period occurs, as allocated on a per pay period basis
consistent with premium pay regulations of the Capitol
Police Board.
(2) Exempt individuals defined.--In this subsection, an
``exempt individual'' is an officer or employee of the United
States Capitol Police--
(A) who is classified under regulations issued
pursuant to section 203 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313) as exempt
from the application of the rights and protections
established by subsections (a)(1) and (d) of section 6,
section 7, and section 12(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d),
207, 212(c)); or
(B) whose annual rate of pay is not established
specifically under any law.
(3) Conforming amendment.--
(A) In general.--Section 1009 of the Legislative
Branch Appropriations Act, 2003 (Public Law 108-7; 117
Stat. 359) is repealed.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect as if included in
the enactment of the Legislative Branch Appropriations
Act, 2003, except that the amendment shall not apply
with respect to any overtime work performed prior to
the date of the enactment of this Act.
SEC. 5. OTHER MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Repeal of Obsolete Procedures for Initial Appointment of Chief
Administrative Officer.--Section 108 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1903) is amended by striking
subsections (d) through (g).
(b) Repeal of Requirement That Officers Purchase Own Uniforms.--
Section 1825 of the Revised Statutes of the United States (2 U.S.C.
1943) is repealed.
(c) Repeal of References to Officers and Privates in Authorities
Relating to House and Senate Office Buildings.--
(1) House office buildings.--The item relating to ``House
of Representatives Office Building'' in the Act entitled ``An
Act making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth, nineteen
hundred and eight, and for other purposes'', approved March 4,
1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended by striking
``other than officers and privates of the Capitol police'' each
place it appears and inserting ``other than the United States
Capitol Police''.
(2) Senate office buildings.--The item relating to ``Senate
Office Building'' in the Legislative Branch Appropriation Act,
1943 (56 Stat. 343; 2 U.S.C. 2023) is amended by striking
``other than for officers and privates of the Capitol Police''
each place it appears and inserting ``other than for the United
States Capitol Police''.
(d) Clarification of Applicability of U.S. Capitol Police and
Library of Congress Police Merger Implementation Act of 2007.--
(1) Repeal of duplicate provisions.--Effective as if
included in the enactment of the Legislative Branch
Appropriations Act, 2008 (Public Law 110-161), section 1004 of
such Act is repealed, and any provision of law amended or
repealed by such section is restored or revived to read as if
such section had not been enacted into law.
(2) No effect on other act.--Nothing in paragraph (1) may
be construed to prevent the enactment or implementation of any
provision of the U.S. Capitol Police and Library of Congress
Police Merger Implementation Act of 2007 (Public Law 110-178),
including any provision of such Act that amends or repeals a
provision of law which is restored or revived pursuant to
paragraph (1).
(e) Authority of Chief of Police.--
(1) Repeal of certain provisions codified in title 2,
united states code.--The provisions appearing in the first
paragraph under the heading ``Capitol Police'' in the Act of
April 28, 1902 (ch. 594; 32 Stat. 124), and the provisions
appearing in the first paragraph under the heading ``Capitol
Police'' in title I of the Legislative and Judiciary
Appropriation Act, 1944 (ch. 173; 57 Stat. 230), insofar as all
of those provisions are related to the sentence ``The captain
and lieutenants shall be selected jointly by the Sergeant at
Arms of the Senate and the Sergeant at Arms of the House of
Representatives; and one-half of the privates shall be selected
by the Sergeant at Arms of the Senate and one-half by the
Sergeant at Arms of the House of Representatives.'', which
appears in 2 U.S.C. 1901 (2000 Edition, Supp. V), are repealed.
(2) Restoration of repealed provision.--Section 1018(h)(1)
of the Legislative Branch Appropriations Act, 2003 (Public Law
108-7, div. H, title I, 117 Stat. 368) is repealed, and the
sentence ``The Capitol Police shall be headed by a Chief who
shall be appointed by the Capitol Police Board and shall serve
at the pleasure of the Board.'', which was repealed by such
section, is restored to appear at the end of section 1821 of
the Revised Statutes of the United States (2 U.S.C. 1901).
(3) Conforming amendment.--The first sentence of section
1821 of the Revised Statutes of the United States (2 U.S.C.
1901) is amended by striking ``, the members of which shall be
appointed by the Sergeants-at-Arms of the two Houses and the
Architect of the Capitol Extension''.
(4) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 2003. | United States Capitol Police Administrative Technical Corrections Act of 2008 - Makes technical amendments to the Legislative Branch Appropriations Act, 2001 with respect to the Chief Administrative Officer (CAO) of the Capitol Police. Requires the CAO to report to and serve at the pleasure of the Chief of the Capitol Police. Repeals the CAO's authority over the personnel of the Capitol Police Office of Administration.
Amends the Legislative Branch Appropriations Act, 2003 to authorize the Chief of Police to discipline and suspend Capitol Police employees with or without pay.
Establishes a General Counsel to the Chief of Police and the U.S. Capitol Police.
Prohibits lump sum payments to terminated U.S. Capitol Police officers or employees for unused compensatory time. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women Discharged From the Military
Due to Pregnancy Relief Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed
Services Integration Act of 1948, which formally authorized the
appointment and enlistment of women in the regular components
of the United States Armed Forces.
(2) With the expansion of the Armed Forces to include
women, the possibility arose for the first time that members of
the Armed Forces could become pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman in
1951, which granted the Armed Forces the authority to
involuntarily discharge a woman if she became pregnant, gave
birth to a child, or became a parent by adoption or a
stepparent.
(4) The Armed Forces responded to the Executive Order by
systematically discharging any woman in the Armed Forces who
became pregnant, regardless of whether the pregnancy was
intentional, unintentional, or the result of sexual abuse.
(5) Although the Armed Forces were required to offer women
who were involuntarily discharged due to pregnancy the
opportunity to request retention in the military, many of the
women who were involuntarily discharged were not offered such
opportunity.
(6) The Armed Forces did not provide required separation
benefits, counseling, or assistance to the service women who
were discharged due to pregnancy.
(7) It is documented that as many as 7,000 service women
were involuntarily discharged from the Armed Forces as a result
of pregnancy.
(8) There are reports that the practice of the Armed Forces
to systematically discharge pregnant women from the service
caused some women to seek abortions (illegal at the time) or to
put their children up for adoption, and that, in some cases,
some women committed suicide as a result of their involuntary
discharge from the Armed Forces.
(9) Such involuntary discharge from the Armed Forces on the
basis of pregnancy was challenged in Federal district court by
Stephanie Crawford in 1975, whose legal argument stated that
the practice of this type of discharge violated her
constitutional right to due process of law.
(10) The United States Court of Appeals for the Second
Circuit ruled in Stephanie Crawford's favor in 1976 and found
that the Executive Order and any regulations within the Armed
Forces that made discharge from the military services mandatory
due to pregnancy were unconstitutional.
(11) By 1976, all regulations that permitted discharge of a
servicewoman from the Armed Forces because of pregnancy or any
form of parenthood had been rescinded.
SEC. 3. EXPRESSION OF CONGRESSIONAL REMORSE FOR POLICY OF INVOLUNTARY
DISCHARGES DUE TO PREGNANCY.
(a) Sense of Congress.--It is the sense of Congress that the women
who served in the United States Armed Forces before February 23, 1976,
and who were involuntarily discharged due to pregnancy should not have
been involuntarily discharged due to the physical status of pregnancy.
(b) Expression of Remorse.--Congress hereby expresses deep remorse
for the women who patriotically served in the Armed Forces, but were
forced, by official United States policy, to endure unnecessary and
discriminatory actions, including the violation of their constitutional
right to due process of law, simply because they became pregnant while
a member of the Armed Forces.
SEC. 4. PAYMENT OF PAY AND ALLOWANCES NOT PAID BY REASON OF INVOLUNTARY
DISCHARGE DUE TO PREGNANCY.
(a) Determination of Eligible Persons.--The Secretary of Defense
shall identify each woman who was involuntarily discharged or separated
from the Armed Forces due to pregnancy during the period beginning on
June 12, 1948 (the date of the enactment of the Women's Armed Services
Integration Act of 1948), and ending on February 23, 1976.
(b) Payment of Missed Pay and Allowances.--
(1) Enlisted members.--The Secretary of Defense shall pay
to each woman identified under subsection (a) (or to the estate
of such woman, if deceased) who was an enlisted member of the
Armed Forces at the time of her involuntary discharge an amount
equal to the total amount of pay and allowances that the
Secretary estimates would have been paid to the woman during
the remainder of her term of enlistment or period of obligated
service (if any) had she not been involuntarily discharged due
to pregnancy.
(2) Officers.--The Secretary of Defense shall pay to each
woman identified under subsection (a) (or to the estate of such
woman, if deceased) who was an officer in the Armed Forces at
the time of her involuntary separation an amount equal to the
total amount of pay and allowances that the Secretary estimates
would have been paid to the woman during a period of active
duty beginning on the date of her involuntary separation and
ending on the earlier of the following:
(A) The completion of five additional years of
service on active duty.
(B) The date on which she would have completed a
period of active duty equal to her service in the Armed
Forces before her involuntary separataion.
(3) Adjustment.--Each amount determined under this
subsection shall be adjusted for inflation, as determined by
the Secretary of the Treasury, to the date of the payment.
SEC. 5. LOAN FORGIVENESS FOR CERTAIN STUDENT LOANS.
(a) Definitions.--For purposes of this section:
(1) Eligible offspring.--The term ``eligible offspring''
means any child of an eligible person under section 4(a) that
is determined, in accordance with regulations prescribed by the
Secretary, to be the offspring of such person from the
pregnancy that was the cause of such person's discharge or
separation from the Armed Forces. For purposes of this
definition, it does not matter whether the child was raised by
the eligible person or adopted and raised by another person.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(3) Federal student loan.--The term ``Federal student
loan'' means any loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965,
regardless of whether the loan was made, insured, or guaranteed
under such part before the date of the enactment of this Act or
is made, insured, or guaranteed under such part on or after
such date.
(b) In General.--The Secretary shall provide for the discharge or
cancellation of the Federal student loan indebtedness of an eligible
offspring in the same manner as is required by sections 437(a),
455(a)(1), and 464(c)(1)(F) of the Higher Education Act of 1965 (20
U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), as the case may be.
(c) Facilitation of Claims.--The Secretary shall--
(1) by regulation, establish procedures for the filing of
applications for discharge or cancellation under this section,
which regulations shall be prescribed and published within 30
days after the date of enactment of this Act and without regard
to the requirements of section 553 of title 5, United States
Code; and
(2) take such actions as may be necessary to publicize the
availability of discharge or cancellation of Federal student
loan indebtedness for eligible offspring under this section.
(d) Availability of Funds for Payments.--Funds available for the
purposes of making payments to lenders in accordance with section
437(a) for the discharge of indebtedness of individuals described in
subsection (a)(1) of this section shall be available for making
payments under section 437(a) as required by this section.
(e) No Delay in Regulations.--Sections 482(c) and 492 of the Higher
Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the
regulations required by this section.
SEC. 6. HEALTH BENEFITS.
Health benefits shall be available under section 1086 of title 10,
United States Code, to eligible persons described in section 4(a) and
eligible offspring as defined by section 5(a) in the same manner as
health benefits are available under such section 1086 for persons
covered by subsection (c) of that section.
SEC. 7. STANDARD FORM OF DISCHARGE FOR WOMEN VETERANS INVOLUNTARILY
DISCHARGED DUE TO PREGNANCY.
The Secretary of Defense shall establish a standard discharge code
(including a discharge ``cause'' reenlistment code and other related
information) for women veterans who were involuntarily discharged from
the Armed Forces due to pregnancy between 1951 and 1976. Such discharge
code shall provide a single, uniform discharge code, applicable to each
of the Armed Forces, indicating that the discharge was an involuntary
discharge due to pregnancy. The Secretary shall develop a means by
which each such involuntarily discharged female veteran may apply to
the Secretary to have that veteran's discharge documents revised to
reflect the new standard discharge code. The Secretary shall promptly
issue revised discharge documents to each female veteran submitting
such an application who the Secretary determines is eligible for such
revised documents.
SEC. 8. SENSE OF CONGRESS CONCERNING CONTINUED SERVICE TO THE NATION.
It is the sense of Congress that the Secretary of Defense should
establish policies to encourage women veterans who before 1976 were
involuntarily discharged from the Armed Forces due to pregnancy to
continue to serve the Nation. | Women Discharged From the Military Due to Pregnancy Relief Act of 2002 - Expresses the sense of Congress that women who served in the U.S. armed forces before February 23, 1976, should not have been involuntarily discharged due to pregnancy and expresses remorse for the women who endured unnecessary and discriminatory actions because they became pregnant while a member of the armed forces.Requires the Secretary of Defense to identify and pay each woman who was so discharged or separated between June 12, 1948, and February 23, 1976, an amount equal to the total pay and allowances that would have been due had such person not been involuntarily discharged.Directs the Secretary of Education to provide for the discharge or cancellation of the Federal student loan indebtedness of an offspring who was the cause of such a woman's discharge or separation.Makes health benefits provided as a result of military service available to such women and offspring.Requires the Secretary of Defense to establish a single standard discharge code for such women.Expresses the sense of Congress that the Secretary of Defense should establish policies to encourage such women to continue to serve the Nation. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Law Enforcement Hate Crimes
Prevention Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim poses a serious national problem.
(2) Such violence disrupts the tranquility and safety of
communities and is deeply divisive.
(3) State and local authorities are now and will continue
to be responsible for prosecuting the overwhelming majority of
violent crimes in the United States, including violent crimes
motivated by bias. These authorities can carry out their
responsibilities more effectively with greater Federal
assistance.
(4) Existing Federal law is inadequate to address this
problem.
(5) The prominent characteristic of a violent crime
motivated by bias is that it devastates not just the actual
victim and the family and friends of the victim, but frequently
savages the community sharing the traits that caused the victim
to be selected.
(6) Such violence substantially affects interstate commerce
in many ways, including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment, or participating in other commercial
activity.
(7) Perpetrators cross State lines to commit such violence.
(8) Channels, facilities, and instrumentalities of
interstate commerce are used to facilitate the commission of
such violence.
(9) Such violence is committed using articles that have
traveled in interstate commerce.
(10) For generations, the institutions of slavery and
involuntary servitude were defined by the race, color, and
ancestry of those held in bondage. Slavery and involuntary
servitude were enforced, both prior to and after the adoption
of the 13th amendment to the Constitution of the United States,
through widespread public and private violence directed at
persons because of their race, color, or ancestry, or perceived
race, color, or ancestry. Accordingly, eliminating racially
motivated violence is an important means of eliminating, to the
extent possible, the badges, incidents, and relics of slavery
and involuntary servitude.
(11) Both at the time when the 13th, 14th, and 15th
amendments to the Constitution of the United States were
adopted, and continuing to date, members of certain religious
and national origin groups were and are perceived to be
distinct ``races''. Thus, in order to eliminate, to the extent
possible, the badges, incidents, and relics of slavery, it is
necessary to prohibit assaults on the basis of real or
perceived religions or national origins, at least to the extent
such religions or national origins were regarded as races at
the time of the adoption of the 13th, 14th, and 15th amendments
to the Constitution of the United States.
(12) Federal jurisdiction over certain violent crimes
motivated by bias enables Federal, State, and local authorities
to work together as partners in the investigation and
prosecution of such crimes.
(13) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal assistance to States and local
jurisdictions.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE
AND LOCAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of a law enforcement
official of a State or Indian tribe, the Attorney General may
provide technical, forensic, prosecutorial, or any other form
of assistance in the criminal investigation or prosecution of
any crime that--
(A) constitutes a crime of violence (as defined in
section 16 of title 18, United States Code);
(B) constitutes a felony under the laws of the
State or Indian tribe; and
(C) is motivated by prejudice based on the actual
or perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or
disability of the victim, or is a violation of the hate
crime laws of the State or Indian tribe.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than 1 State and to
rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
assist State, local, and Indian law enforcement officials with
the extraordinary expenses associated with the investigation
and prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program, the Office of Justice Programs shall work closely with
the funded jurisdictions to ensure that the concerns and needs
of all affected parties, including community groups and
schools, colleges, and universities, are addressed through the
local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State that desires a grant
under this subsection shall submit an application to
the Attorney General at such time, in such manner, and
accompanied by or containing such information as the
Attorney General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State or political subdivision
of a State or tribal official applying for assistance
under this subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, political
subdivision, or Indian tribe lacks the
resources necessary to investigate or prosecute
the hate crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State,
political subdivision, or tribal official has
consulted and coordinated with nonprofit,
nongovernmental victim services programs that
have experience in providing services to
victims of hate crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or disapproved by the Attorney
General not later than 30 business days after the date on which
the Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction within a 1 year
period.
(6) Report.--Not later than December 31, 2006, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2006 and 2007.
SEC. 5. GRANT PROGRAM.
(a) Authority to Make Grants.--The Office of Justice Programs of
the Department of Justice shall award grants, in accordance with such
regulations as the Attorney General may prescribe, to State and local
programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 2006, 2007, and 2008 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 249 of title 18, United States
Code, as added by section 7.
SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an explosive
or incendiary device, attempts to cause bodily injury to any
person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an
attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse,
or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B), willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
orientation, gender identity or disability of any
person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
``(1) he or she has reasonable cause to believe that the
actual or perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or disability of
any person was a motivating factor underlying the alleged
conduct of the defendant; and
``(2) he or his designee or she or her designee has
consulted with State or local law enforcement officials
regarding the prosecution and determined that--
``(A) the State does not have jurisdiction or does
not intend to exercise jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the State does not object to the Federal
Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given the term in section 232 of this title;
``(2) the term `firearm' has the meaning given the term in
section 921(a) of this title; and
``(3) the term `gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.
``(d) Rule of Evidence.--In a prosecution for an offense under this
section, evidence of expression or associations of the defendant may
not be introduced as substantive evidence at trial, unless the evidence
specifically relates to that offense. However, nothing in this section
affects the rules of evidence governing impeachment of a witness.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
13 of title 18, United States Code, is amended by adding at the end the
following:
``249. Hate crime acts.''.
SEC. 8. STATISTICS.
Subsection (b)(1) of the first section of the Hate Crimes
Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender
and gender identity,'' after ``race,''.
SEC. 9. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Local Law Enforcement Hate Crimes Prevention Act of 2005 - Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under federal law or a felony under state or Indian tribal law; and (2) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim or is a violation of the hate crime laws of the state or tribe. Directs the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses. Authorizes the Attorney General to award grants to assist state, local, and Indian law enforcement officials with such extraordinary expenses. Directs the Office of Justice Programs to: (1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and (2) award grants to state and local programs designed to combat hate crimes committed by juveniles. Prohibits specified offenses involving actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. Amends the Hate Crimes Statistics Act to require the crime data to be collected and published by the Attorney General to include data about crimes that manifest evidence of prejudice based on gender and gender identity. | 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 ``Thermal Renewable
Energy and Efficiency Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Statement of policy.
TITLE I--MODIFICATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE SOURCES
Sec. 101. Extension of renewable electricity credit to thermal energy.
TITLE II--EXEMPT FACILITY BONDS
Sec. 201. Exempt facility bonds.
TITLE III--ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS
Sec. 301. Definition of institutional entity.
Sec. 302. Availability of grants.
Sec. 303. Authorization of appropriations for grants.
SEC. 2. FINDINGS.
Congress finds that--
(1) approximately 30 percent of the total quantity of
energy consumed in the United States is used to provide thermal
energy for heating and cooling building space, domestic hot
water, and industrial processes;
(2) thermal energy is an essential, but often overlooked,
segment of the national energy mix;
(3) district energy systems use 1 or more central plants to
provide thermal energy to multiple buildings that range in size
from campus applications to systems heating entire towns or
cities;
(4) district energy systems provide sustainable thermal
energy infrastructure by producing and distributing thermal
energy from combined heat power, sources of industrial or
municipal surplus heat, and from renewable sources such as
biomass, geothermal, and solar energy;
(5) as of 2009, the United States had approximately 2,500
operating district energy systems;
(6) district energy systems provide advantages that support
secure, affordable, renewable, and sustainable energy for the
United States, including--
(A) use of local fuels or waste heat sources that
keep jobs and energy dollars in local economies;
(B) stable, predictable energy costs for businesses
and industry;
(C) reduction in reliance on fossil fuels;
(D) reduction in emissions of greenhouse gases; and
(E) flexibility to modify fuel sources in response
to future changes in fuel availability and prices and
development of new technologies;
(7) district energy helps cut peak power demand and reduce
power transmission and distribution system constraints by--
(A) meeting air conditioning demand through
delivery of chilled water produced with heat from
combined heat and power or other energy sources; and
(B) shifting power demand through thermal storage
and, with combined heat and power, generating power
near load centers;
(8) combined heat and power systems increase energy
efficiency of power plants by capturing thermal energy and
using the thermal energy to provide heating and cooling, more
than doubling the efficiency of conventional power plants;
(9) according to the Oak Ridge National Laboratory, if the
United States was able to increase combined heat and power from
approximately 9 percent of total electric generation capacity
to 20 percent by 2030, the increase would--
(A) save as much energy as half of all household
energy consumption;
(B) create approximately 1,000,000 new jobs;
(C) avoid more than 800,000,000 metric tons of
carbon dioxide emissions annually, which is equivalent
to taking half of all United States passenger vehicles
off the road; and
(D) save hundreds of millions of barrels of oil
equivalent; and
(10) constraints to significant expansion of district
energy and combined heat and power include--
(A) the lack of economic value in the energy
marketplace for the environmental, grid support, energy
security, and local economic development benefits of
district energy systems;
(B) relatively high project development costs due
to the variety of institutional, legal, and technical
issues that must be addressed; and
(C) the high costs of debt service, particularly in
the early years of systems development before a broad
base of customers has connected.
SEC. 3. PURPOSE.
The purpose of this Act is to encourage the implementation of
thermal energy infrastructure order to--
(1) increase energy efficiency;
(2) increase use of renewable energy resources;
(3) revitalize the infrastructure of the cities and
institutions of the United States;
(4) reduce local and regional air pollution;
(5) reduce emissions of greenhouse gases;
(6) reduce emissions of ozone-depleting refrigerants; and
(7) enhance power grid reliability and overall energy
supply reliability and energy security.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States that, in energy policy
development and program implementation, the following factors should be
considered:
(1) Thermal energy represents a significant part of the
energy requirements of the United States, providing building
heating and cooling, domestic hot water, and industrial process
energy.
(2) There are many opportunities for meeting thermal energy
requirements directly through renewable energy sources or
recycled energy (such as recovered waste heat), without
generation of electricity.
(3) Policies and incentives for encouraging renewable
energy and energy efficiency should address thermal energy as
well as electricity.
(4) District energy systems provide an important means of
delivering sustainable thermal energy to consumers, and provide
energy security benefits, by--
(A) cutting peak power demand;
(B) reducing power transmission and distribution
system constraints; and
(C) providing flexibility to modify fuel sources in
response to future changes in fuel availabilities and
prices and development of new technologies.
TITLE I--MODIFICATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE SOURCES
SEC. 101. EXTENSION OF RENEWABLE ELECTRICITY CREDIT TO THERMAL ENERGY.
(a) Credit To Include Production of Thermal Energy.--Section 45 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(f) Credit for Production of Thermal Energy.--
``(1) In general.--In the case of a taxpayer who--
``(A) produces thermal energy from a qualified
energy resource described in subparagraph (B), (C),
(D), (G), (I), or (J) of subsection (c)(1) at a
qualified facility described in paragraph (2), (3),
(4), (6), (7), (11), or (12) of subsection (d), and
``(B) makes an election under this subsection with
respect to such facility,
subsection (a) shall be applied by substituting `each 3,412
Btus of thermal energy (or fraction thereof)' for `the kilowatt
hours of electricity' in paragraph (2) thereof.
``(2) Thermal energy.--For purposes of this section, the
term `thermal energy' means heat (in the form of hot water or
steam) or cooling (in the form of chilled water or ice).
``(3) Additional qualifications.--
``(A) Combined heat and power facility.--In the
case of a facility producing both electricity and
thermal energy, such facility shall not be treated as a
qualified facility unless such facility--
``(i) meets the requirements of section
48(c)(3)(A) (without regard to clause (iv)
thereof), and
``(ii) was originally placed in service
after the date of the enactment of the Thermal
Renewable Energy and Efficiency Act of 2010,
and before the date which is 5 years after such
date.
``(B) Thermal facility.--In the case of a facility
producing only thermal energy, such facility shall not
be treated as a qualified facility unless such
facility--
``(i) has an energy efficiency percentage
(as determined under section 48(c)(3)(C)) in
excess of 60 percent, and
``(ii) was originally placed in service
after the date of the enactment of the Thermal
Renewable Energy and Efficiency Act of 2010,
and before the date which is 5 years after such
date.
``(4) Denial of double benefit.--If an election under this
subsection is in effect with respect to any facility, no credit
shall be allowed under subsection (a) with respect to the
production of electricity at such facility.
``(5) Election.--
``(A) In general.--An election under this
subsection shall specify the facility to which the
election applies and shall be in such manner as the
Secretary may by regulations prescribe.
``(B) Election irrevocable.--Any election made
under this subsection may not be revoked except with
the consent of the Secretary.''.
(b) Naturally Occurring Cold Water Sources Treated as Qualified
Energy Resource.--Paragraph (1) of section 45(c) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of subparagraph (H),
(2) by striking the period at the end of subparagraph (I)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(J) naturally occurring cold water sources which
are used to provide thermal energy for air
conditioning.''.
(c) Qualified Facilities.--Section 45(d) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(12) Natural air conditioning system facility.--In the
case of a facility providing thermal energy for air
conditioning from naturally occurring cold water sources, the
term `qualified facility' means any facility owned by the
taxpayer which is originally placed in service after the date
of the enactment of the Thermal Renewable Energy and Efficiency
Act of 2010, and before the date which is 5 years after such
date.''.
(d) Conforming Amendments.--
(1) Section 45(b)(4)(A) of the Internal Revenue Code of
1986 is amended by inserting ``or thermal energy'' after
``electricity''.
(2) Section 45(c)(2) of such Code is amended by inserting
``or thermal energy'' after ``electricity''.
(3) Section 45(d) of such Code is amended by inserting ``or
thermal energy'' after ``electricity'' each place it appears in
paragraphs (2), (3), (4), (6), (7), and (11).
(4) Section 45(e) of such Code is amended by inserting ``or
thermal energy'' after ``electricity'' each place it appears in
paragraphs (1), (4), and (9).
(5) The heading of section 45 of such Code is amended by
inserting ``and thermal energy'' after ``electricity''.
(6) The item relating to section 45 in the table of
sections for subpart D of part IV of subchapter A of chapter 1
of such Code is amended by inserting ``and thermal energy''
after ``Electricity''.
(e) Effective Date.--The amendments made by this section shall
apply to energy produced and sold after the date of the enactment of
this Act.
TITLE II--EXEMPT FACILITY BONDS
SEC. 201. EXEMPT FACILITY BONDS.
(a) Definition of Local District Heating and Cooling Facilities.--
Subparagraph (A) of section 142(g)(2) of the Internal Revenue Code of
1986 is amended by striking ``a pipeline or network (which may be
connected to a heating or cooling source) providing hot water, chilled
water, or steam'' and inserting ``equipment for producing thermal
energy in the form of hot water, chilled water or steam, distributing
that thermal energy in pipelines and transferring the thermal energy''.
(b) Public Use Requirement.--The Secretary shall promulgate
regulations establishing that a local district heating or cooling
facility will be treated in all events as serving a general public use
for purposes of the Internal Revenue Code of 1986.
TITLE III--ENERGY SUSTAINABILITY AND EFFICIENCY GRANTS FOR INSTITUTIONS
SEC. 301. DEFINITION OF INSTITUTIONAL ENTITY.
Section 399A(a)(5) of the Energy Policy and Conservation Act (42
U.S.C. 6371h-1(a)(5)) is amended by inserting a ``not-for-profit
district energy system,'' after ``utility,''.
SEC. 302. AVAILABILITY OF GRANTS.
Section 399A(f) of the Energy Policy and Conservation Act (42
U.S.C. 6371h-1(f)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(i), by striking ``$50,000''
and inserting ``$90,000'';
(B) in subparagraph (B)(i), by striking ``$90,000''
and inserting ``$150,000''; and
(C) in subparagraph (C)(i), by striking
``$250,000'' and inserting ``$600,000''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``$1,000,000''
and inserting ``$20,000,000''; and
(B) in subparagraph (B), by striking ``60 percent''
and inserting ``30 percent''.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS.
Section 399A(i)(1) of the Energy Policy and Conservation Act (42
U.S.C. 6371h-1(i)(1)) is amended by striking ``$250,000,000 for each of
fiscal years 2009 through 2013'' and inserting ``$500,000,000 for each
of fiscal years 2011 through 2015''. | Thermal Renewable Energy and Efficiency Act of 2010 - Amends the Internal Revenue Code to extend the tax credit for the production of electricity from renewable resources to the production of thermal energy and to include a naturally occurring cold water source as a qualified energy resource and a natural air conditioning system facility as a qualified facility for purposes of such credit.
Modifies the definition of "local heating and cooling facilities" for purposes of tax-exempt facility bonds to include equipment for producing thermal energy in the form of hot water, chilled water, or steam, distributing that thermal energy in pipelines, and transferring the thermal energy. Defines "thermal energy" as heat (in the form of hot water or steam) or cooling (in the form of chilled water or ice).
Amends the Energy Policy and Conservation Act, with respect to the energy sustainability and efficiency grant and loan program for institutions, to: (1) include a not-for-profit district energy system as an institutional entity for purposes of such grant program; (2) increase the amounts of technical assistance grants and grants for efficiency improvement and energy sustainability; and (3) extend the authorization of appropriations for such grant program through FY2015. | billsum_train |
Condense the following text into a summary: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keeping Families
Together 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. Restoration of definition of aggravated felony (repeal of
section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.
SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF
SECTION 321 OF IIRIRA).
(a) In General.--Effective as if included in the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208), section 321 of such Act is repealed
and the provisions of law amended by such section are restored as if
such section had not been enacted.
(b) Restoration of Rights.--Any alien whose legal permanent
resident status, application for permanent residence, or application
for cancellation of removal, was affected by the changes in the
definition of ``aggravated felony'' made by such section 321 may apply
to the Attorney General to be considered for adjustment of status or
cancellation of removal in conformance with the provisions of section
101(a)(43) of the Immigration and Nationality Act, as restored by
subsection (a).
SEC. 3. RESTORATION OF DETENTION POLICY.
(a) In General.--Section 236(c) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)) is amended to read as follows:
``(c) Detention of Criminal Aliens.--
``(1) In general.--The Attorney General shall take into
custody any alien convicted of an aggravated felony upon
release of the alien (regardless of whether or not such release
is on parole, supervised release, or probation, and regardless
of the possibility of rearrest or further confinement in
respect of the same offense). Notwithstanding subsection (a) or
section 241(a) but subject to paragraph (2), the Attorney
General shall not release such felon from custody.
``(2) Non-release.--The Attorney General may not release
from custody any who has been convicted of an aggravated
felony, either before or after a determination of removability,
unless--
``(A)(i) the alien was lawfully admitted, or
``(ii) the alien was not lawfully admitted but the
alien cannot be removed because the designated country
of removal will not accept the alien; and
``(B) the alien satisfies the Attorney General that
the alien will not pose a danger to the safety of other
persons or of property and is likely to appear for any
scheduled proceeding.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.
SEC. 4. REPEAL OF TIME STOP PROVISIONS.
(a) In General.--Section 240A(d) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall be
effective as if included in the enactment of subtitle A of title III of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996.
SEC. 5. REPEAL OF SECTION 101(A)(48).
(a) In General.--Paragraph (48) of section 101(a)(48) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of section 322(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
SEC. 6. RESTORATION OF SECTION 212(C).
(a) In General.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended by inserting after subsection (b) the
following new subsection:
``(c) Aliens lawfully admitted for permanent residence who
temporarily proceeded abroad voluntarily and not under an order of
deportation or removal, and who are returning to a lawful
unrelinquished domicile of seven consecutive years, may be admitted in
the discretion of the Attorney General without regard to the provisions
of subsection (a) (other than paragraphs (3) and (10)(C)). Nothing
contained in this subsection shall limit the authority of the Attorney
General to exercise the discretion vested in him under section 211(b).
The first sentence of this subsection shall not apply to an alien who
has been convicted of one or more aggravated felonies and has served
for such felony or felonies a term of imprisonment of at least 5
years.''.
(b) Effective Date.--The amendment made by subsection (a) applies
as of April 24, 1996, as if section 440(d) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132) and section
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208) had not been enacted.
SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.
(a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended to read as follows:
``judicial review of orders of removal
``Sec. 242. (a) The procedure prescribed by, and all the provisions
of chapter 158 of title 28, United States Code, shall apply to, and
shall be the sole and exclusive procedure for, the judicial review of
all final orders of removal heretofore or hereafter made against aliens
within the United States pursuant to administrative proceedings under
section 240 of this Act or comparable provisions of any prior Act,
except that--
``(1) a petition for review may be filed not later than 90
days after the date of the issuance of the final removal order,
or, in the case of an alien convicted of an aggravated felony
not later than 30 days after the issuance of such order;
``(2) the venue of any petition for review under this
section shall be in the judicial circuit in which the
administrative proceedings before an immigration judge were
conducted in whole or in part, or in the judicial circuit
wherein is the residence, as defined in this Act, of the
petitioner, but not in more than one circuit;
``(3) the action shall be brought against the Immigration
and Naturalization Service, as respondent. Service of the
petition to review shall be made upon the Attorney General of
the United States and upon the official of the Immigration and
Naturalization Service in charge of the Service district in
which the office of the clerk of the court is located. The
service of the petition for review upon such official of the
Service shall stay the removal of the alien pending
determination of the petition by the court, unless the court
otherwise directs or unless the alien is convicted of an
aggravated felony, in which case the Service shall not stay the
removal of the alien pending determination of the petition of
the court unless the court otherwise directs;
``(4) except as provided in clause (B) of paragraph (5) of
this subsection, the petition shall be determined solely upon
the administrative record upon which the removal order is based
and the Attorney General's findings of fact, if supported by
reasonable, substantial, and probative evidence on the record
considered as a whole, shall be conclusive;
``(5) whenever any petitioner, who seeks review of an order
under this section, claims to be a national of the United
States and makes a showing that his claim is not frivolous, the
court shall (A) pass upon the issues presented when it appears
from the pleadings and affidavits filed by the parties that no
genuine issue of material fact is presented; or (B) where a
genuine issue of material fact as to the petitioner's
nationality is presented, transfer the proceedings to a United
States district court for the district where the petitioner has
his residence for hearing de novo of the nationality claim and
determination as if such proceedings were originally initiated
in the district court under the provisions of section 2201 of
title 28, United States Code. Any such petitioner shall not be
entitled to have such issue determined under section 360(a) of
this Act or otherwise;
``(6) whenever a petitioner seeks review of an order under
this section, any review sought with respect to a motion to
reopen or reconsider such an order shall be consolidated with
the review of the order;
``(7) if the validity of a removal order has not been
judicially determined, its validity may be challenged in a
criminal proceeding against the alien for violation of
subsection (a) or (b) of section 243 of this Act only by
separate motion for judicial review before trial. Such motion
shall be determined by the court without a jury and before the
trial of the general issue. Whenever a claim to United States
nationality is made in such motion, and in the opinion of the
court, a genuine issue of material fact as to the alien's
nationality is presented, the court shall accord him a hearing
de novo on the nationality claim and determine that issue as if
proceedings had been initiated under the provisions of section
2201 of title 28, United States Code. Any such alien shall not
be entitled to have such issue determined under section 360(a)
of this Act or otherwise. If no such hearing de novo as to
nationality is conducted, the determination shall be made
solely upon the administrative record upon which the removal
order is based and the Attorney General's findings of fact, if
supported by reasonable, substantial, and probative evidence on
the record considered as a whole, shall be conclusive. If the
removal order is held invalid, the court shall dismiss the
indictment and the United States shall have the right to appeal
to the court of appeals within 30 days. The procedure on such
appeals shall be as provided in the Federal rules of criminal
procedure. No petition for review under this section may be
filed by any alien during the pendency of a criminal proceeding
against such alien for violation of subsection (a) or (b) of
section 243 of this Act;
``(8) nothing in this section shall be construed to require
the Attorney General to defer removal of an alien after the
issuance of a removal order because of the right of judicial
review of the order granted by this section, or to relieve any
alien from compliance with subsections (a) and (b) of section
243 of this Act. Nothing contained in this section shall be
construed to preclude the Attorney General from detaining or
continuing to detain an alien or from taking the alien into
custody pursuant to section 241 of this Act at any time after
the issuance of a removal order;
``(9) it shall not be necessary to print the record or any
part thereof, or the briefs, and the court shall review the
proceedings on a typewritten record and on typewritten briefs;
and
``(10) any alien held in custody pursuant to an order of
removal may obtain judicial review thereof by habeas corpus
proceedings.
``(b) Notwithstanding the provisions of any other law, any alien
against whom a final order of removal has been made heretofore or
hereafter under the provisions of section 235 of this Act or comparable
provisions of any prior Act may obtain judicial review of such order by
habeas corpus proceedings and not otherwise.
``(c) An order of removal shall not be reviewed by any court if the
alien has not exhausted the administrative remedies available to the
alien as of right under the immigration laws and regulations or if the
alien has departed from the United States after the issuance of the
order. Every petition for review or for habeas corpus shall state
whether the validity of the order has been upheld in any prior judicial
proceeding, and, if so, the nature and date thereof, and the court in
which such proceeding took place. No petition for review or for habeas
corpus shall be entertained if the validity of the order has been
previously determined in any civil or criminal proceeding, unless the
petition presents grounds which the court finds could not have been
presented in such prior proceeding, or the court finds that the remedy
provided by such prior proceeding was inadequate or ineffective to test
the validity of the order.
``(d)(1) A petition for review or for habeas corpus on behalf of an
alien against whom a final order of removal has been issued pursuant to
section 238(b) may challenge only--
``(A) whether the alien is in fact the alien described in
the order;
``(B) whether the alien is in fact an alien described in
section 238(b)(2);
``(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
``(D) whether the alien was afforded the procedures
required by section 238(b)(4).
``(2) No court shall have jurisdiction to review any issue other
than an issue described in paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
determinations pending on or after such date with respect to which--
(1) a final administrative decision has been not been
rendered as of such date; or
(2) such a decision has been rendered but the period for
seeking judicial review of the decision has not expired.
SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.
(a) In General.--Notwithstanding section 240(c)(6) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen removal proceedings, the
Attorney General shall establish a process (whether through permitting
the reopening of a removal proceeding or otherwise) under which an
alien--
(1) who is (or was) in removal proceedings before the date
of the enactment of this Act (whether or not the alien has been
removed as of such date); and
(2) whose eligibility for cancellation of removal has been
established by this Act;
may apply (or reapply) for cancellation of removal under section
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a
beneficiary of the relief provided under this Act.
(b) Parole.--The Attorney General should exercise the parole
authority under section 212(d)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens
removed from the United States to participate in the process
established under subsection (a). | Keeping Families Together Act of 2001 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien. Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act. Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."Authorizes the Attorney General to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted. Revises provisions respecting judicial review of removal orders.Requires the Attorney General to establish a post-proceeding removal relief process for affected aliens. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bob Dole Congressional Gold Medal
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Bob Dole was born on July 22, 1923, in Russell, Kansas.
(2) Growing up during the Great Depression, Bob Dole learned
the values of hard work and discipline, and worked at a local drug
store.
(3) In 1941, Bob Dole enrolled at the University of Kansas as a
pre-medical student. During his time at KU he played for the
basketball, football, and track teams, and joined the Kappa Sigma
Fraternity, from which he would receive the ``Man of the Year''
award in 1970.
(4) Bob Dole's collegiate studies were interrupted by WWII, and
he enlisted in the United States Army. During a military offensive
in Italy, he was seriously wounded while trying to save a fellow
soldier. Despite his grave injuries, Dole recovered and was awarded
two Purple Hearts and a Bronze Star with an Oak Cluster for his
service. He also received an American Campaign Medal, a European-
African-Middle Eastern Campaign Medal, and a World War II Victory
Medal.
(5) While working on his law degree from Washburn University,
Bob Dole was elected into the Kansas House of Representatives,
serving from 1951-1953.
(6) Bob Dole was elected into the U.S. House of Representatives
and served two Kansas districts from 1961-1969.
(7) In 1969, Bob Dole was elected into the U.S. Senate and
served until 1996. Over the course of this period, he served as
Chairman of the Republican National Committee, Chairman of the
Finance Committee, Senate Minority Leader, and Senate Majority
Leader.
(8) Bob Dole was known for his ability to work across the aisle
and embrace practical bipartisanship on issues such as Social
Security.
(9) Bob Dole has been a life-long advocate for the disabled and
was a key figure in the passing of the Americans with Disabilities
Act in 1990.
(10) After his appointment as Majority Leader, Bob Dole set the
record as the nation's longest-serving Republican Leader in the
Senate.
(11) Several Presidents of the United States have specially
honored Bob Dole for his hard work and leadership in the public
sector. This recognition is exemplified by the following:
(A) President Reagan awarded Bob Dole the Presidential
Citizens Medal in 1989 stating, ``Whether on the battlefield or
Capitol Hill, Senator Dole has served America heroically.
Senate Majority Leader during one of the most productive
Congresses of recent time, he has also been a friend to
veterans, farmers, and Americans from every walk of life. Bob
Dole has stood for integrity, straight talk and achievement
throughout his years of distinguished public service.''.
(B) Upon awarding Bob Dole with the Presidential Medal of
Freedom in 1997, President Clinton made the following comments,
``Son of the soil, citizen, soldier and legislator, Bob Dole
understands the American people, their struggles, their
triumphs and their dreams . . . In times of conflict and
crisis, he has worked to keep America united and strong . . .
our country is better for his courage, his determination, and
his willingness to go the long course to lead America.''.
(12) After his career in public office, Bob Dole became an
active advocate for the public good. He served as National Chairman
of the World War II Memorial Campaign, helping raise over $197
million to construct the National WWII Memorial, and as Co-Chair of
the Families of Freedom Scholarship Fund, raising over $120 million
for the educational needs of the families of victims of 9/11.
(13) From 1997-2001, Bob Dole served as chairman of the
International Commission on Missing Persons in the Former
Yugoslavia.
(14) In 2003, Bob Dole established The Robert J. Dole Institute
of Politics at the University of Kansas to encourage bipartisanship
in politics.
(15) Bob Dole is a strong proponent of international justice
and, in 2004, received the Golden Medal of Freedom from the
President of Kosovo for his support of democracy and freedom in
Kosovo.
(16) In 2007, President George W. Bush appointed Bob Dole to
co-chair the President's Commission on Care for America's Returning
Wounded Warriors, which inspected the system of medical care
received by U.S. soldiers returning from Iraq and Afghanistan.
(17) Bob Dole was the co-creator of the McGovern-Dole
International Food for Education and Child Nutrition Program,
helping combat child hunger and poverty. In 2008, he was co-awarded
the World Food Prize for his work with this organization.
(18) Bob Dole is co-founder of the Bipartisan Policy Center
which works to develop policies suitable for bipartisan support.
(19) Bob Dole is a strong advocate for veterans, having
volunteered on a weekly basis for more than a decade on behalf of
the Honor Flight Network.
(20) Bob Dole serves as Finance Chairman of the Campaign for
the National Eisenhower Memorial, leading the private fundraising
effort to memorialize President Dwight D. Eisenhower in Washington,
DC.
(21) Bob Dole was acknowledged by many organizations for his
achievements both inside and outside of politics, including being
awarded the ``U.S. Senator John Heinz Award for Outstanding Public
Service By An Elected Official'', the Gold Good Citizenship Award,
the American Patriot Award, the Survivor's Gratitude Award, the
U.S. Association of Former Member of Congress Distinguished Service
Award, a Distinguished Service Medal, the French Legion of Honor
medal, the Horatio Alger Award, the U.S. Defense Department's
Distinguished Public Service Award, the National Collegiate
Athletic Association's Teddy Roosevelt Award, the Albert Schweitzer
Medal ``for outstanding contributions to animal welfare'', the 2004
Sylvanus Thayer Award, and honorary degrees from the University of
Kansas, Fort Hays State University, and the University of New
Hampshire School of Law.
(22) Throughout his life-long service to our country, Bob Dole
has embodied the American spirit of leadership and determination,
and serves as one of the most prolific role models both in and
outside of politics.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of Congress, of a gold medal of
appropriate design to Bob Dole, in recognition for his service to the
nation as a soldier, legislator, and statesman.
(b) Design and Striking.--For the purpose of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3 under such regulations as the Secretary
may prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the Senate passed version is repeated here.) Bob Dole Congressional Gold Medal Act (Sec. 3) This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of a Congressional Gold Medal to Bob Dole in recognition for his service to the nation as a soldier, legislator, and statesman. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Health Protection Act of
2013''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Access to safe, legal abortion services is essential to
women's health and central to women's ability to participate
equally in the economic and social life of the United States.
(2) Access to safe, legal abortion services has been
hindered in the United States in various ways, including
blockades of health care facilities and associated violence;
restrictions on insurance coverage; restrictions on minors'
ability to obtain services; and requirements and restrictions
that single out abortion providers and those seeking their
services, and which do not further women's health or the safety
of abortion, but harm women by reducing the availability of
services.
(3) In the early 1990s, protests and blockades at health
care facilities where abortions were performed, and associated
violence, increased dramatically and reached crisis level,
requiring Congressional action. Congress passed the Freedom of
Access to Clinic Entrances Act (Public Law 103-259) to address
that situation and ensure that women could physically access
abortion services.
(4) Since 2010, there has been an equally dramatic increase
in the number of laws and regulations singling out abortion
that threaten women's health and their ability to access safe
abortion services by interfering with health care
professionals' ability to provide such services. Congressional
action is now necessary to put an end to these restrictions. In
addition, there has been a dramatic increase in the passage of
laws that blatantly violate the constitutional protections
afforded women, such as bans on abortions prior to viability.
(5) Legal abortion is one of the safest medical procedures
in the United States. That safety is furthered by regulations
that are based on science and are generally applicable to the
medical profession or to medically comparable procedures.
(6) Many State and local governments are imposing
restrictions on the provision of abortion that are neither
science-based nor generally applicable to the medical
profession or to medically comparable procedures. Though
described by their proponents as health and safety regulations,
many of these abortion-specific restrictions do not advance the
safety of abortion services and do nothing to protect women's
health. Also, these restrictions interfere with women's
personal and private medical decisions, make access to abortion
more difficult and costly, and even make it impossible for some
women to obtain those services.
(7) These restrictions harm women's health by reducing
access not only to abortion services but also to the other
essential health care services offered by the providers
targeted by the restrictions, including contraceptive services,
which reduce unintended pregnancies and thus abortions, and
screenings for cervical cancer and sexually transmitted
infections. These harms fall especially heavily on low-income
women, women of color, and women living in rural and other
medically underserved areas.
(8) The cumulative effect of these numerous restrictions
has been widely varying access to abortion services such that a
woman's ability to exercise her constitutional rights is
dependent on the State in which she lives. Federal legislation
putting a stop to harmful restrictions throughout the United
States is necessary to ensure that women in all States have
access to safe abortion services, an essential constitutional
right repeatedly affirmed by the United States Supreme Court.
(9) Congress has the authority to protect women's ability
to access abortion services pursuant to its powers under the
Commerce Clause and its powers under section 5 of the
Fourteenth Amendment to the Constitution to enforce the
provisions of section 1 of the Fourteenth Amendment.
(b) Purpose.--It is the purpose of this Act to protect women's
health by ensuring that abortion services will continue to be available
and that abortion providers are not singled out for medically
unwarranted restrictions that harm women by preventing them from
accessing safe abortion services. It is not the purpose of this Act to
address all threats to access to abortion (for example, this Act does
not apply to clinic violence, restrictions on insurance coverage of
abortion, or requirements for parental consent or notification before a
minor may obtain an abortion) which Congress should address through
separate legislation as appropriate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Abortion.--The term ``abortion'' means any medical
treatment, including the prescription of medication, intended
to cause the termination of a pregnancy except for the purpose
of increasing the probability of a live birth, to remove an
ectopic pregnancy, or to remove a dead fetus.
(2) Abortion provider.--The term ``abortion provider''
means a health care professional who performs abortions.
(3) Government.--The term ``government'' includes a branch,
department, agency, instrumentality, or individual acting under
color of law of the United States, a State, or a subdivision of
a State.
(4) Health care professional.--The term ``health care
professional'' means a licensed medical professional (including
physicians, certified nurse-midwives, nurse practitioners, and
physician assistants) who is competent to perform abortions
based on clinical training.
(5) Pregnancy.--The term ``pregnancy'' refers to the period
of the human reproductive process beginning with the
implantation of a fertilized egg.
(6) State.--The term ``State'' includes each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and each territory or possession of the United States.
(7) Viability.--The term ``viability'' means the point in a
pregnancy at which, in the good-faith medical judgment of the
treating health care professional, based on the particular
facts of the case before her or him, there is a reasonable
likelihood of sustained fetal survival outside the uterus with
or without artificial support.
SEC. 4. PROHIBITED MEASURES AND ACTIONS.
(a) General Prohibitions.--The following limitations or
requirements are unlawful and shall not be imposed or applied by any
government because they single out the provision of abortion services
for restrictions that are more burdensome than those restrictions
imposed on medically comparable procedures, they do not significantly
advance women's health or the safety of abortion services, and they
make abortion services more difficult to access:
(1) A requirement that a medical professional perform
specific tests or follow specific medical procedures in
connection with the provision of an abortion, unless generally
required for the provision of medically comparable procedures.
(2) A limitation on an abortion provider's ability to
delegate tasks, other than a limitation generally applicable to
providers of medically comparable procedures.
(3) A limitation on an abortion provider's ability to
prescribe or dispense drugs based on her or his good-faith
medical judgment, other than a limitation generally applicable
to the medical profession.
(4) A limitation on an abortion provider's ability to
provide abortion services via telemedicine, other than a
limitation generally applicable to the provision of medical
services via telemedicine.
(5) A requirement or limitation concerning the physical
plant, equipment, staffing, or hospital transfer arrangements
of facilities where abortions are performed, or the credentials
or hospital privileges or status of personnel at such
facilities, that is not imposed on facilities or the personnel
of facilities where medically comparable procedures are
performed.
(6) A requirement that, prior to obtaining an abortion, a
woman make one or more medically unnecessary visits to the
provider of abortion services or to any individual or entity
that does not provide abortion services.
(7) A requirement or limitation that prohibits or restricts
medical training for abortion procedures, other than a
requirement or limitation generally applicable to medical
training for medically comparable procedures.
(b) Other Prohibited Measures or Actions.--
(1) In general.--A measure or action that restricts the
provision of abortion services or the facilities that provide
abortion services that is similar to any of the prohibited
limitations or requirements described in subsection (a) shall
be unlawful if such measure or action singles out abortion
services or make abortions services more difficult to access
and does not significantly advance women's health or the safety
of abortion services.
(2) Prima facie case.--To make a prima facie showing that a
measure or action is unlawful under paragraph (1) a plaintiff
shall demonstrate that the measure or action involved--
(A) singles out the provision of abortion services
or facilities in which abortion services are performed;
or
(B) impedes women's access to abortion services
based on one or more of the factors described in
paragraph (3).
(3) Factors.--Factors for a court to consider in
determining whether a measure or action impedes access to
abortion services for purposes of paragraph (2)(B) include the
following:
(A) Whether the measure or action interferes with
an abortion provider's ability to provide care and
render services in accordance with her or his good-
faith medical judgment.
(B) Whether the measure or action is reasonably
likely to delay some women in accessing abortion
services.
(C) Whether the measure or action is reasonably
likely to directly or indirectly increase the cost of
providing abortion services or the cost for obtaining
abortion services (including costs associated with
travel, childcare, or time off work).
(D) Whether the measure or action requires, or is
reasonably likely to have the effect of necessitating,
a trip to the offices of the abortion provider that
would not otherwise be required.
(E) Whether the measure or action is reasonably
likely to result in a decrease in the availability of
abortion services in the State.
(F) Whether the measure or action imposes criminal
or civil penalties that are not imposed on other health
care professionals for comparable conduct or failure to
act or that are harsher than penalties imposed on other
health care professionals for comparable conduct or
failure to act.
(G) The cumulative impact of the measure or action
combined with other new or existing requirements or
restrictions.
(4) Defense.--A measure or action shall be unlawful under
this subsection upon making a prima facie case (as provided for
under paragraph (2)), unless the defendant establishes, by
clear and convincing evidence, that--
(A) the measure or action significantly advances
the safety of abortion services or the health of women;
and
(B) the safety of abortion services or the health
of women cannot be advanced by a less restrictive
alternative measure or action.
(c) Other Prohibitions.--The following restrictions on the
performance of abortion are unlawful and shall not be imposed or
applied by any government:
(1) A prohibition or ban on abortion prior to fetal
viability.
(2) A prohibition on abortion after fetal viability when,
in the good-faith medical judgment of the treating physician,
continuation of the pregnancy would pose a risk to the pregnant
woman's life or health.
(3) A restriction that limits a pregnant woman's ability to
obtain an immediate abortion when a health care professional
believes, based on her or his good-faith medical judgment, that
delay would pose a risk to the woman's health.
(4) A measure or action that prohibits or restricts a woman
from obtaining an abortion prior to fetal viability based on
her reasons or perceived reasons or that requires a woman to
state her reasons before obtaining an abortion prior to fetal
viability.
(d) Limitation.--The provisions of this Act shall not apply to laws
regulating physical access to clinic entrances, requirements for
parental consent or notification before a minor may obtain an abortion,
insurance coverage of abortion, or the procedure described in section
1531(b)(1) of title 18, United States Code.
(e) Effective Date.--This Act shall apply to government
restrictions on the provision of abortion services, whether statutory
or otherwise, whether they are enacted or imposed prior to or after the
date of enactment of this Act.
SEC. 5. LIBERAL CONSTRUCTION.
(a) Liberal Construction.--In interpreting the provisions of this
Act, a court shall liberally construe such provisions to effectuate the
purposes of the Act.
(b) Rule of Construction.--Nothing in this Act shall be construed
to authorize any government to interfere with a woman's ability to
terminate her pregnancy, to diminish or in any way negatively affect a
woman's constitutional right to terminate her pregnancy, or to displace
any other remedy for violations of the constitutional right to
terminate a pregnancy.
SEC. 6. ENFORCEMENT.
(a) Attorney General.--The Attorney General may commence a civil
action for prospective injunctive relief on behalf of the United States
against any government official that is charged with implementing or
enforcing any restriction that is challenged as unlawful under this
Act.
(b) Private Right of Action.--
(1) In general.--Any individual or entity aggrieved by an
alleged violation of this Act may commence a civil action for
prospective injunctive relief against the government official
that is charged with implementing or enforcing the restriction
that is challenged as unlawful under this Act.
(2) Facility or professional.--A health care facility or
medical professional may commence an action for prospective
injunctive relief on behalf of the facility's or professional's
patients who are or may be adversely affected by an alleged
violation of this Act.
(c) Equitable Relief.--In any action under this section, the court
may award appropriate equitable relief, including temporary,
preliminary, or permanent injunctive relief.
(d) Costs.--In any action under this section, the court shall award
the costs of litigation, including reasonable attorney and expert
witness fees, to any prevailing or substantially prevailing plaintiff.
(e) Jurisdiction.--The district courts of the United States shall
have jurisdiction over proceedings commenced pursuant to this section
and shall exercise the same without regard to whether the party
aggrieved shall have exhausted any administrative or other remedies
that may be provided for by law.
SEC. 7. PREEMPTION.
No State or subdivision thereof shall enact or enforce any law,
rule, regulation, standard, or other provision having the force and
effect of law that conflicts with any provision of this Act.
SEC. 8. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, or the application of such provision to all
other persons or circumstances, shall not be affected thereby. | Women's Health Protection Act of 2013 - Makes the following limitations and requirements concerning abortion services unlawful and prohibits their imposition or application by any government: a requirement that a medical professional perform specific tests or follow specific medical procedures, unless generally required in the case of medically comparable procedures; a limitation on an abortion provider's ability to delegate tasks, other than one applicable to medically comparable procedures; a limitation on an abortion provider's ability to prescribe or dispense drugs based on her or his good-faith medical judgment, other than one generally applicable; a limitation on an abortion provider's ability to provide abortion services via telemedicine, other than one generally applicable; a requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortions are performed, or the credentials, hospital privileges, or status of personnel at such facilities that is not otherwise imposed where medically comparable procedures are performed; a requirement that, prior to obtaining an abortion, a woman make medically unnecessary visits to the provider of abortion services or to any individual or entity that does not provide such services; and a requirement or limitation that prohibits or restricts medical training for abortion procedures, other than one generally applicable to medically comparable procedures. Makes unlawful a measure or action that restricts the provision of abortion services, or the facilities that provide them, that is similar to any of those described above if it singles out abortion services or make abortion services more difficult to access and does not significantly advance women's health or the safety of abortion services. Provides standards for the making of a prima facie case in a civil action challenging such restrictions and factors to be considered by a court in determining whether a measure or action impedes access to abortion services. Makes the following other restrictions on the performance of abortion unlawful and prohibits their imposition or application by any government: a prohibition or ban prior to fetal viability; a prohibition after fetal viability when, in the good-faith medical judgment of the treating physician, continuation of the pregnancy would pose a risk to the woman's life or health; a restriction that limits a woman's ability to obtain an immediate abortion when a health care professional believes, based on good-faith medical judgment, that delay would pose a risk to the woman's health; and a prohibition or restriction on obtaining an abortion prior to fetal viability based on a woman's reasons or perceived reasons or that requires her to state her reasons before obtaining an abortion prior to fetal viability. Requires courts to liberally construe the provisions of this Act. Authorizes the Attorney General or an individual or entity aggrieved by (or a health facility or medical professional adversely affected by) a violation of this Act, to commence a civil action for injunctive relief. Preempts any provision enacted by a state or subdivision having the force of law that conflicts with any provision of this Act. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``War Crimes Prosecution Facilitation
Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In May 1993, the United Nations established the
International Criminal Tribunal for the Former Yugoslavia.
(2) The mandate of the Tribunal is to prosecute ``genocide,
crimes against humanity, grave breaches of the Geneva
Conventions, and violations of the laws and customs of war''
committed in the territory of the former Yugoslavia from
January 1, 1991, until ``a date to be determined after
restoration of peace''.
(3) Parties to the Dayton Agreement, as well as subsequent
agreements, agreed to cooperate fully with the ``investigation
and prosecution of war crimes and other violations of
international humanitarian law''. All members of the
international community are required by the Tribunal Statute to
cooperate in ``the identification and location of persons'',
``the arrest or detention of persons'', and ``the surrender or
the transfer of the accused'' to the Tribunal.
(4) Although 76 persons have been publicly indicted by the
Tribunal, 66 remain at large. Of those publicly indicted, there
are 51 Bosnian Serbs, 1 Croatian Serb, 3 Serbian Yugoslav Army
officers, 18 Bosnian Croats, and 3 Bosniacs.
(5) Credible reports indicate that some of the indicted war
criminals are living in areas of Bosnia and Herzegovina that
are under the effective control of Croatia or Serbia-
Montenegro. Many of the indicted war criminals have been
sighted living openly and freely in Croatia, the Croat-
controlled areas of the Federation of Bosnia and Herzegovina,
Republika Srpska, and Serbia-Montenegro.
(6) An estimated 2,000,000 persons have been forced from
their homes by the war, many of whom remain displaced and
unable to return to their homes, in violation of the Dayton
Accords, because their homes are in a jurisdiction controlled
by a different ethnic group.
(7) The fighting in Bosnia has ceased for more than a year,
and international efforts are now focused on the economic
reconstruction and implementation of the civilian aspects of
the Dayton Accords.
(8) The International Bank for Reconstruction and
Development, the European Bank for Reconstruction and
Development, the International Monetary Fund, and individual
donor countries, including the United States, have begun
disbursing funds toward meeting an identified goal of
$5,100,000,000 for reconstruction of Bosnia.
SEC. 3. SENSE OF THE CONGRESS.
(a) In General.--It is the sense of the Congress that--
(1) reconciliation in Bosnia and Herzegovina cannot be
achieved if indicted war criminals remain at large and refugees
and displaced persons are unable to return to their homes;
(2) reconstruction without reconciliation will not be
effective in ensuring stability in the long run because, absent
individual accountability, victimized communities will assign
collective responsibility, thus perpetuating the cycle of
hatred; and
(3) the Government of the United States should ensure that
multilateral and bilateral assistance is provided to parties to
the Dayton Agreement only if doing so would promote
reconciliation as well as reconstruction, including the
transfer of war criminals to the Tribunal, the return of
refugees and displaced persons, and freedom of movement.
(b) Additional Provision.--It is further the sense of the Congress
that the Tribunal, consistent with its mandate, should continue to
investigate and bring indictments against persons who have violated
international humanitarian law.
SEC. 4. RESTRICTIONS ON FUNDING.
(a) Bilateral Assistance.--
(1) In general.--No assistance may be provided under the
Foreign Assistance Act of 1961 or the Arms Export Control Act
for any country described in subsection (d).
(2) Application to prior appropriations.--The prohibition
on assistance contained in paragraph (1) includes the provision
of assistance from funds appropriated prior to the date of
enactment of this Act.
(b) Multilateral Assistance.--The Secretary of the Treasury shall
instruct the United States executive directors of the international
financial institutions to work in opposition to, and vote against, any
extension by such institutions of any financial or technical assistance
or grants of any kind to any country described in subsection (d).
(c) Exceptions.--
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) shall not apply to the provision of--
(A) humanitarian assistance;
(B) democratization assistance; or
(C) assistance for physical infrastructure projects
involving activities in both a sanctioned country and
nonsanctioned contiguous countries, if the
nonsanctioned countries are the primary beneficiaries.
(2) Further limitations.--Notwithstanding paragraph (1)--
(A) no assistance may be made available under the
Foreign Assistance Act of 1961 or the Arms Export
Control Act for a program, project, or activity in any
country described in subsection (d) in which an
indicted war criminal has any financial or material
interest or through any organization with which the
indicted individual is affiliated; and
(B) no assistance (other than emergency food or
medical assistance or demining assistance) may be made
available under the Foreign Assistance Act of 1961 or
the Arms Export Control Act to any program, project, or
activity in any area in any country described in
subsection (d) in which local authorities are not
complying with the provisions of Article IX and Annex
4, Article II of the Dayton Agreement relating to war
crimes and the Tribunal, or with the provisions of
Annex 7 of the Dayton Agreement relating to the right
of refugees and displaced persons to return to their
homes of origin.
(d) Sanctioned Countries.--A country described in this section is a
country the authorities of which fail to apprehend and transfer to the
Tribunal all persons who have been indicted by the Tribunal and are in
a territory that is under the effective control of those authorities.
(e) Waiver.--
(1) Authority.--The President may waive the application of
subsection (a) or subsection (b) with respect to a country if
the President determines and certifies to the appropriate
committees of Congress within six months after the date of
enactment of this Act that a majority of the indicted persons
who are within a territory that is under the effective control
of the country have been arrested and transferred to the
Tribunal.
(2) Period of effectiveness.--Any waiver made pursuant to
this subsection shall be effective for a period of six months.
(f) Termination of Sanctions.--The sanctions imposed pursuant to
subsection (a) or subsection (b) with respect to a country shall cease
to apply only if the President determines and certifies to Congress
that the authorities of that country have apprehended and transferred
to the Tribunal all persons who have been indicted by the Tribunal and
are in a territory that is under the effective control of those
authorities.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Country.--The term ``country'' shall not include the
state of Bosnia and Herzegovina, and the provisions of this Act
shall be applied separately to its constituent entities of
Republika Srpska and the Federation of Bosnia and Herzegovina.
(2) Dayton agreement.--The term ``Dayton Agreement'' means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
(3) Democratization assistance.--The term ``democratization
assistance'' includes electoral assistance and assistance used
in establishing the institutions of a democratic and civil
society.
(4) Humanitarian assistance.--The term ``humanitarian
assistance'' includes disaster and food assistance and
assistance for demining, refugees, housing, education, health
care, and other social services.
(5) Tribunal.--The term ``Tribunal'' means the
International Criminal Tribunal for the Former Yugoslavia. | War Crimes Prosecution Facilitation Act of 1997 - Expresses the sense of the Congress that: (1) reconciliation in Bosnia and Herzegovina cannot be achieved if indicted war criminals remain at large and refugees and displaced persons are unable to return to their homes; (2) the United States should ensure that multilateral and bilateral assistance is provided to the Dayton Agreement parties only if doing so would promote reconciliation as well as reconstruction, including the transfer of war criminals to the International Criminal Tribunal for the Former Yugoslavia, the return of refugees and displaced persons, and freedom of movement; and (3) the Tribunal should continue to investigate and bring indictments against persons who have violated international humanitarian law.
Prohibits foreign assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act (except humanitarian or democratization assistance, or assistance for physical infrastructure projects) to: (1) any country whose government fails to apprehend and transfer to the Tribunal persons who have been indicted by the Tribunal and are in their territory; (2) any program or activity in such country in which an indicted war criminal has any financial interest or through any organization with which the indicted person is affiliated; and (3) any program or activity in any country (other than emergency food, medical, or demining assistance) in which local authorities are not complying with certain articles of the Dayton Agreement.
Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to oppose, and vote against, any extension of any financial assistance or grants to such a country.
Provides for a waiver of such sanctions if a majority of indicted persons within the country's territory have been arrested and transferred to the Tribunal. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raising Employment in Affordable
Communities and Homes Act of 2013'' or the ``REACH Act of 2013''.
SEC. 2. SECTION 3 ACTION PLANS.
Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Action Plans.--
``(1) Public housing and indian housing assistance.--
``(A) Public housing agencies.--
``(i) In general.--Except as provided in
clause (ii), a public housing agency may not be
provided any development assistance pursuant to
section 5 of the United States Housing Act of
1937 (42 U.S.C. 1437c), or assistance from the
Operating Fund or Capital Fund under section 9
of the United States Housing Act of 1937 (42
U.S.C. 1437g), for any fiscal year unless the
agency prepares an action plan under this
subsection that describes activities to be
carried out in accordance subsections (c) and
(d) of this section during such fiscal year.
``(ii) Inapplicability to qualified public
housing agencies.--Clause (i) shall not apply
to any qualified public housing agency, as such
term is defined in section 5A(b)(3)(C) of the
United States Housing Act of 1937 (42 U.S.C.
1437c-1(b)(3)(C)).
``(B) Indian tribes.--
``(i) In general.--Except as provided in
clause (ii), an Indian tribe or tribally
designated housing entity (as such terms are
defined in section 4 of the Native American
Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103)) may not be provided
any grant amounts under such Act for any
program year unless the tribe or entity
prepares an action plan under this subsection
that describes activities to be carried out in
accordance subsections (c) and (d) of this
section during such fiscal year.
``(ii) Inapplicability.--Clause (i) shall
not apply to any recipient of grant amounts
under the Native American Housing Assistance
and Self-Determination Act of 1996 for which
the sum of--
``(I) the number of affordable
housing dwelling units administered by
such recipient and assisted with such
grant amounts, and
``(II) the number of households
provided tenant-based rental assistance
with such grant amounts by such
recipient,
is 550 or fewer.
``(C) Incorporation in annual plan.--Such an action
plan for a year shall be incorporated--
``(i) in the case of a public housing
agency, in the annual plan under section 5A of
such Act (42 U.S.C. 1437c-1) for the agency for
such fiscal year; and
``(ii) in the case of an Indian tribe or
tribally designated housing entity, the Indian
housing plan under section 102 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) for
the tribe for the program year.
``(D) Retroactive funding.--Funds may be provided
to any public housing agency, and to any Indian tribe
or tribally designated housing entity, retroactively
upon the development and inclusion of an action plan
under this subsection in an agency's annual plan, or
the tribe's or tribally designated housing entity's
Indian housing plan, respectively.
``(2) Other programs.--The Secretary shall require that
each application for housing and community development
assistance in an amount exceeding $200,000 shall include an
action plan under this subsection that describes activities to
be carried out in accordance subsections (c) and (d) of this
section.
``(3) Content.--An action plan under this subsection for a
public housing agency, for an Indian tribe or tribally
designated housing entity, or for a recipient of housing and
community development assistance, shall specify the agency's,
tribe's or entity's, or recipient's--
``(A) intended outreach efforts under this section
within the community;
``(B) planned training programs;
``(C) relevant employment opportunities under this
section; and
``(D) timeline for planned implementation under
this section.
``(4) Oversight.--The Secretary shall take such actions as
may be necessary to review the implementation of annual action
plans under this subsection.
``(5) Penalties.--The Secretary may establish and impose
penalties for public housing agencies, Indian tribes and
tribally designated housing entities, recipients of housing and
community development assistance that do not comply with their
action plans to the satisfaction of the Secretary. Such
penalties may include--
``(A) in the case of a public housing agency, or
tribe or tribally designated housing entity,
withholding of assistance from the Department until
compliance is achieved; and
``(B) in the case of recipients of housing and
community development assistance--
``(i) enforcement actions through the
Departmental Enforcement Center of the
Department of Housing and Urban Development;
``(ii) withholding future assistance
payments;
``(iii) a flag in the Active Partners
Performance System; and
``(iv) rejection of any further
applications for assistance from the Department
until compliance is achieved.
``(6) Authorization of appropriation.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.''.
SEC. 3. EFFECTIVE DATE.
The amendment under section 2 shall take effect upon the expiration
of the 90-day period beginning on the date of the enactment of this
Act. | Raising Employment in Affordable Communities and Homes Act of 2013 or REACH Act of 2013 - Amends the Housing and Urban Development Act of 1968 with respect to providing economic opportunities for low- and very low-income persons, particularly recipients of federal assistance for housing. Prohibits any assistance to a public housing agency (PHA) under the United States Housing Act of 1937 for any fiscal year for low-income housing projects (development assistance), or assistance from the Operating Fund or Capital Fund under the same Act, unless the PHA prepares an action plan describing activities that will: (1) provide such individuals the training and employment opportunities generated by such assistance, and (2) award contracts for work in connection with such assistance to business concerns that also provide economic opportunities for such individuals. Waives this prohibition for any qualified PHA: (1) the sum of the public housing dwelling units it administers, and the number of tenant-based rental assistance vouchers it administers, is 550 or fewer; and (2) that is not a troubled PHA, and does not have a failing score under the Section 8 Management Assessment Program during the prior 12 months. Prohibits an Indian tribe or tribally designated housing entity (as defined in the Native American Housing Assistance and Self-Determination Act of 1996) from providing any grant amounts under the Act for any program year unless the tribe or entity prepares an action plan meeting the same criteria. Waives this prohibition for any recipient of such grant amounts for which the sum of the affordable housing dwelling units it administers and the number of households provided tenant-based rental assistance with such grant amounts, is 550 or fewer. Requires incorporation of the yearly action plan in: (1) a PHA's annual plan for the fiscal year, or (2) an Indian tribe's (or designated entity's) Indian housing plan for the program year. Allows retroactive funding to any PHA, Indian tribe, or tribally designated entity upon the development and inclusion of an action plan in the PHA's annual plan or the tribe's or tribal entity's Indian housing plan. Directs the Secretary to require that each application for housing and community development assistance exceeding $200,000 include an action plan. Authorizes the Secretary to establish and impose penalties for PHAs, Indian tribes and tribally designated entities, and recipients of housing and community development assistance that do not comply with their action plans to the Secretary's satisfaction. | billsum_train |
Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stabilizing Affordable Housing for
the Future Act''.
SEC. 2. INVESTMENT THROUGH UP-FRONT GRANTS FROM GENERAL INSURANCE FUND.
(a) 1997 Act.--Subsection (a) of section 204 of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a(a)) is amended
by striking the last sentence.
(b) 1978 Act.--Paragraph (4) of section 203(f) of the Housing and
Community Development Amendments of 1978 (12 U.S.C. 1701z-11(f)(4)) is
amended by striking the last sentence.
SEC. 3. PRESERVATION OF HUD-HELD AND HUD-OWNED BUILDINGS.
Section 204(a) of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
1997 (12 U.S.C. 1715z-11a(a)) is amended--
(1) by striking ``During'' and all that follows through
``and thereafter, the provision of'' and inserting ``In
managing and disposing of multifamily properties during any
fiscal year, the Secretary may provide''; and
(2) by striking ``notwithstanding any other provision'' and
inserting ``consistent with other provisions''.
SEC. 4. MAINTAINING AFFORDABILITY THROUGH CONTINUED ASSISTANCE AND
ESCROWING OF RENTAL ASSISTANCE.
(a) Requirement To Maintain Assistance.--Subject to subsection (c)
and notwithstanding any other provision of law, in managing and
disposing of any multifamily property that is owned by, or subject to a
mortgage held by, the Secretary of Housing and Urban Development, the
Secretary shall maintain payment of any rental assistance that is
attached to any dwelling units in the property and provided under a
contract for the property under section 8 of the United States Housing
Act of 1937 or under any other program administered by the Secretary,
as provided in this section.
(b) Escrow for Properties Not Meeting Housing Quality Standards.--
In the case of any transfer of a distressed multifamily property that
does not comply with housing quality standards applicable to the
property, the Secretary may not recapture any rental assistance
described in subsection (a) for the property, but shall hold any such
assistance in escrow for the property during the period of
noncompliance and, upon determining that the property complies with
such standards make such assistance available for the property.
(c) Projects Not Feasible for Continued Assistance.--With respect
to a multifamily property described in subsection (a), to the extent
the Secretary, in consultation with the tenants of the property,
determines that the property is not feasible for continued rental
assistance payments under such section 8, or other programs, based on
consideration of the costs of rehabilitating and operating the
property, after utilizing all available Federal, State, and local
resources including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note), the Secretary may, in consultation with the tenants
of that property, contract with an owner or owners of other existing
housing properties to make project-based rental assistance payments for
such other properties or provide other rental assistance.
SEC. 5. BUILDING ACQUISITION: VALUATION OF PHYSICALLY DISTRESSED
PROPERTIES SOLD BY HUD IN DISCOUNT SALES.
Section 2001 of the Deficit Reduction Act of 2005 (12 U.S.C. 1701z-
11 note) is amended--
(1) in paragraph (4), by striking ``without taking into
account any affordability requirements'' and inserting the
following: ``as determined using industry standard appraisal
practices, including consideration of the cost of repairs
needed for the property subject to the loan to comply with
minimum safety and building standards and the cost of
maintaining the affordability restrictions applicable under the
original loan or grant for the property''; and
(2) in paragraph (7), by striking ``without taking into
account any affordability requirements'' and inserting the
following: ``as determined using industry standard appraisal
practices, including consideration of the cost of repairs
needed for the property to comply with minimum safety and
building standards and the cost of maintaining the
affordability restrictions applicable under the original loan
or grant for the property''.
SEC. 6. MULTIFAMILY HOUSING MORTGAGE FORECLOSURE.
The Multifamily Mortgage Foreclosure Act of 1981 is amended--
(1) in section 362 (12 U.S.C. 3701)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) mortgages transferred by the Secretary to State and
local governments should be foreclosed in the same manner as
mortgages held by the Secretary.'';
(2) in section 363 (12 U.S.C. 3702)--
(A) in paragraph (9), by striking ``and'' at the
end;
(B) in paragraph (10), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(11) `State or local government transferee' means any
state or unit of general local government, any public housing
authority, or any State or local housing finance agency that
has acquired mortgages pursuant to section 203 of the Housing
and Community Development Amendments of 1978 (12 U.S.C. 1701z-
11), section 204 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (12 U.S.C. 1715z-11a), or any other
provision of law, that were previously held by the
Secretary.'';
(3) in section 364 (12 U.S.C. 3703)--
(A) by inserting ``, or any State or local
government transferee,'' after ``Secretary'' the first
and fourth places such term appears; and
(B) by inserting ``, or the State or local
government transferee,'' after ``Secretary'' the
second, third, and fifth places such term appears;
(4) in section 365 (12 U.S.C. 3704)--
(A) by inserting ``, or any State or local
government transferee,'' after ``Secretary'' the first
place such term appears;
(B) by inserting ``, or the State or local
government transferee,'' after ``Secretary'' each other
place such term appears; and
(C) by striking the last 3 sentences and inserting
the following: ``The entity designating the foreclosure
commissioner, whether the Secretary or any State or
local government transferee, shall be a guarantor of
payment of any judgment against the foreclosure
commissioner for damages based upon the commissioner's
failure to perform properly the commissioner's duties.
As between the entity designating the foreclosure
commissioner, whether the Secretary or any State or
local government transferee, and the mortgagor, the
entity designating the foreclosure commissioner shall
bear the risk of any financial default by the
foreclosure commissioner. In the event that the
Secretary or any State or local government transferee
makes any payment pursuant to the preceding two
sentences, the Secretary or any State or local
government transferee shall be fully subrogated to the
rights satisfied by such payment.'';
(5) in section 366 (12 U.S.C. 3705)--
(A) by inserting ``, or any State or local
government transferee,'' after ``Secretary'' the first,
third, fourth, and fifth place such term appears; and
(B) by inserting ``, or the State or local
government transferee,'' after ``Secretary'' the second
and sixth places such term appears;
(6) in section 367 (12 U.S.C. 3706)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``or the
State or local government transferee,'' after
``Secretary,''; and
(ii) in paragraph (8), by inserting ``, or
the State or local government transferee''
after ``Secretary'';
(B) in subsection (b)--
(i) by inserting ``, or any State or local
government transferee,'' after ``Secretary''
the first and second places such term appears;
and
(ii) by inserting ``, or the State or local
government transferee,'' after ``Secretary''
the third place such term appears; and
(C) by adding at the end the following new
subsection:
``(c) In any case in which a State or local government transferee
is the purchaser of a multifamily project, the State or local
government transferee shall manage and dispose of such project to
benefit those originally intended to be assisted under the prior
program unless continued operation and disposition of the property
under such program is not feasible based on consideration of the costs
of rehabilitating and operating the property after considering all
available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note).'';
(7) in section 368 (12 U.S.C. 3707)--
(A) by inserting ``, or any State or local
government transferee,'' after ``Secretary'' the first
and third places such term appears; and
(B) by inserting ``, or the State of local
government transferee,'' after ``Secretary'' the second
place such term appears;
(8) in section 369A (12 U.S.C. 3709)--
(A) by inserting ``, or any State or local
government transferee,'' after ``Secretary'' the second
place such term appears; and
(B) by inserting ``, or the State or local
government transferee,'' after ``Secretary'' the first,
third, and fourth places such term appears;
(9) in section 369B (12 U.S.C. 3710)--
(A) by inserting ``, or the State of local
government transferee,'' after ``Secretary'' the first
and second places such term appears; and
(B) by inserting ``, or any State or local
government transferee,'' after ``Secretary'' each other
place such term appears;
(10) in section 369E (12 U.S.C. 3713), by inserting ``, or
any State or local government transferee,'' after ``Secretary''
each place such term appears; and
(11) in section 369F(a)(1) (12 U.S.C. 3714(a)(1)), by
inserting ``, or any State or local government transferee,''
before the semicolon at the end.
SEC. 7. BUILDING TRANSFERS: REQUIREMENTS FOR PURCHASERS OF FHA-INSURED
PROJECTS AND SECTION 8 PROJECTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Housing and Urban Development shall issue a proposed
rulemaking, in accordance with title 5, United States Code, that
applies the participation and certification requirements for potential
purchasers required under section 219 of Division G of the Consolidated
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 397) and
applicable to the sale of HUD-owned multifamily housing projects and
the foreclosure sale of any multifamily housing securing a mortgage
held by the Secretary also to the sale of any multifamily housing
having a mortgage that is insured under the National Housing Act or for
which assistance is provided under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) under a project-based assistance
contract.
SEC. 8. TRANSPARENCY REGARDING BUILDING INFORMATION.
(a) Required Posting on Web Site.--The Secretary of Housing and
Urban Development shall make publicly available, by posting on a World
Wide Web site of the Department, information regarding multifamily
housing properties for which rental assistance is provided under
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
for which other rental assistance or a subsidy is provided under a
program administered by the Secretary, or for which a mortgage is
insured under the National Housing Act (12 U.S.C. 1701 et seq.).
(b) Required Information.--The information described in subsection
(a) regarding a property shall include--
(1) information regarding the results of physical
inspections of the property, including any real estate
assessment center (REAC) scores for the property;
(2) any notices, plans, and information relating to the
property required under the Low-Income Housing Preservation and
Resident Homeownership Act of 1990, including a notice of
intent to prepay a mortgage under section 212, information
under section 216, a second notice of intent under section
216(d), a plan of action under section 217, and notice of
approval of a plan of action under section 225;
(3) any notice of request to terminate an insurance
contract under title II of the National Housing Act (12 U.S.C.
1707 et seq.) for a loan or mortgage on the property;
(4) any notice of request to prepay a loan or mortgage on
the property insured under title II of the National Housing Act
(12 U.S.C. 1707 et seq.); and
(5) any notice under section 8(c)(8) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(8)) of proposed
termination of an assistance contract under such section for
the property.
(c) Updating.--The Secretary of Housing and Urban Development shall
update the information made available pursuant to this section not less
than quarterly. | Stabilizing Affordable Housing for the Future Act - Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 and the Housing and Community Development Amendments of 1978 to: (1) repeal certain conditions on the authority of the Secretary of Housing and Urban Development (HUD) to manage multifamily projects, and (2) authorize the Secretary to provide grants (including up-front grants) and loans from the General Insurance Fund when managing and disposing of such properties.
Instructs the Secretary to maintain rental assistance payments for dwelling units in any multifamily property program administered by the Secretary.
Amends the Deficit Reduction Act of 2005 to redefine loan market value and property market value with respect to physically distressed properties sold by HUD in discount sales. Repeals the requirement not to take any affordability requirements into account in such valuation. Requires such values to be determined using industry standard appraisal practices.
Amends the Multifamily Mortgage Foreclosure Act of 1981 to declare that Congress finds that mortgages transferred by the Secretary to state and local governments should be foreclosed in the same manner as mortgages held by the Secretary.
Makes the entity designating the foreclosure commissioner (entity), whether the Secretary (as under current law) or any state or local government transferee, the guarantor of payment of any judgment against the foreclosure commissioner for damages based upon failure properly to perform the commissioner's duties. Makes such entity bear the risk of any financial default by the foreclosure commissioner. Declares that the entity shall be fully subrogated to the rights satisfied by such payment, in the event that any guarantee payments are made.
Directs the Secretary to issue a proposed rulemaking that applies certain statutory participation and certification requirements to potential purchasers of multifamily housing with a mortgage insured under the National Housing Act, or for which assistance is provided under section 8 of the United States Housing Act of 1937.
Requires the Secretary to post on a website information regarding multifamily housing properties for which: (1) federal rental assistance is provided, (2) other rental assistance or a subsidy is provided under a program administered by the Secretary, or (3) a mortgage is insured under the National Housing Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlining Verification for
Americans Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Employer reporting requirements under the Patient
Protection and Affordable Care Act (Public Law 111-148) should
strike the appropriate balance between sufficient reporting to
enforce the law and protecting the privacy of individuals.
(2) Protection of the privacy of the primary insured
individual and each other individual covered under the policy,
which should include minimizing the transmittal of social
security numbers, should be a priority when implementing
reporting requirements.
SEC. 3. IMPROVING THE ACCURACY OF EXCHANGE DETERMINATIONS OF
ELIGIBILITY FOR PREMIUM ASSISTANCE TAX CREDITS.
(a) In General.--If an employer provides prospective reporting for
any calendar year under subsection (b), such employer shall be treated
as making the return described in section 6056(b) of the Internal
Revenue Code of 1986 for such year if such return contains, consistent
with the requirements of subsection (c)(2), only information with
respect to employees with respect to whom the employer has received a
notification under section 1411(e)(4)(B)(iii) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18081(e)(4)(B)(iii)). If the
preceding sentence applies to any employer for any calendar year, such
employer shall be treated as furnishing the statements required under
section 6056(c) of such Code, if the employer furnishes such statements
to such employees with respect to the information included in the
return made under the preceding sentence.
(b) Prospective Reporting.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Health and Human Services, the
Secretary of Labor, and the Administrator of the Small Business
Administration, shall implement a reporting system under which an
employer may elect to provide the following information with respect to
a calendar year before the beginning of such year:
(1) The name, date, and employer identification number of
the employer.
(2) A certification as to whether the employer offers to
its full-time employees the opportunity to enroll in minimum
essential coverage under an eligible employer-sponsored plan
(as defined in section 5000A(f)(2) of the Internal Revenue Code
of 1986) and whether the employer offers the spouses of such
full-time employees the opportunity to enroll in such coverage.
(3) The months during the year for which coverage is
generally available to full-time employees.
(4) A certification as to whether the coverage described in
paragraph (2) satisfies the requirements to qualify for one of
the affordability safe harbors promulgated by the Secretary of
the Treasury for purposes of section 4980H of the Internal
Revenue Code of 1986.
(5) A certification as to whether an employee's effective
date of coverage is generally affected by a waiting period.
(c) Requirements.--The reporting system established under
subsection (b) shall provide for--
(1) the processes necessary to ensure that Exchanges can
access the information described in subsection (b) to assist in
verifying eligibility determinations for advance payment of the
premium tax credits under section 36B of the Internal Revenue
Code of 1986 and the cost-sharing subsidies under section 1402
of the Patient Protection and Affordable Care Act (42 U.S.C.
18071); and
(2) guidance on how employers who voluntarily report in
advance under this section could satisfy the report and
statement requirements under subsections (b) and (c) of section
6056 of the Internal Revenue Code of 1986 by reporting only
with respect to employees with respect to whom the employer has
received a notification under section 1411(e)(4)(B)(iii) of the
Patient Protection and Affordable Care Act (42 U.S.C.
18081(e)(4)(B)(iii)).
SEC. 4. USE OF CURRENT YEAR INFORMATION IN DETERMINING SUBSIDY
ELIGIBILITY OF APPLICANTS .
(a) In General.--Section 1412(b)(2) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18082(b)(2)) is amended to read as
follows:
``(2) Changes in circumstances.--The Secretary shall
provide procedures for making advance determinations on the
basis of information other than that described in paragraph
(1)(B) upon the request of the individual. Such procedures
shall include allowing an individual to have eligibility
determined on the basis of household income for a later period
or on the basis of the individual's estimate of such income for
the taxable year.''.
(b) Conforming Amendment.--Section 1411(b)(3)(B) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18081(b)(3)(B)) is
amended to read as follows:
``(B) Changes in circumstance.--In the case of an
individual with respect to whom section 1412(b)(2)
applies, the information described in such section.''.
SEC. 5. EVALUATING THE DEVELOPMENT AND UTILIZATION OF SYSTEMS FOR
EXCHANGES TO NOTIFY EMPLOYERS OF POTENTIAL EXCISE TAX
LIABILITY UNDER THE EMPLOYER MANDATE.
Not later than 90 days after the date of the enactment of this Act,
the Comptroller General of the United States shall conduct a study
evaluating, with respect to the period beginning on October 1, 2013,
and ending on the date of the enactment of this Act--
(1) the notification of employers by Exchanges established
under title I of the Patient Protection and Affordable Care Act
that a full-time employee has been determined eligible for an
advanced premium assistance tax credit, as required by
subsection (e)(4)(B)(iii) of section 1411 of such Act (42
U.S.C. 18081); and
(2) the extent to which the Secretary of Health and Human
Services has established a separate appeals process for
employers who have been notified that an employee has been
determined eligible for an advanced premium assistance tax
credit to challenge that eligibility determination, as required
by subsection (f)(2) of such section.
SEC. 6. PROTECTING DEPENDENT PRIVACY.
(a) In General.--Paragraph (1) of section 6055(b) of the Internal
Revenue Code of 1986 is amended by adding at the end the following
flush sentence:
``For purposes of subparagraph (B)(i), in the case of an
individual other than the primary insured, if the person
required to make the return does not collect or maintain
information on the TINs of such individuals (other than for
purposes of this section), the individual's name and date of
birth may be substituted for the individual's name and TIN.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns the due date for which is after December 31, 2013.
SEC. 7. ELECTRONIC STATEMENTS.
(a) Statements From Employers.--Subsection (c) of section 6056 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(3) Electronic delivery.--The statement required to be
furnished to any employee under paragraph (1) may be furnished
to such employee electronically if such employee has consented
to receive such statement electronically. For purposes of the
preceding sentence, if an employee has consented, before the
date of the enactment of this paragraph, to electronically
receive, from the person furnishing such statement, other
documents used in filing the employee's return of tax, such
employee shall be treated as having consented to receive such
statement electronically unless such employee requests that
such consent not apply to such statement.''.
(b) Statements From Insurance Providers.--Subsection (c) of section
6055 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(3) Electronic delivery.--The statement required to be
furnished to any individual under paragraph (1) may be
furnished to such individual electronically if such individual
has consented to receive such statement electronically. For
purposes of the preceding sentence, if an individual has
consented, before the date of the enactment of this paragraph,
to electronically receive, from the person furnishing such
statement, other documents containing private health
information, such individual shall be treated as having
consented to receive such statement electronically unless such
individual requests that such consent not apply to such
statement.''.
(c) Effective Date.--The amendments made by this section shall
apply to statements the due date for which is after December 31, 2013.
SEC. 8. DELAYING PROVISION OF ACA PREMIUM AND COST-SHARING SUBSIDIES
UNTIL ELIGIBILITY VERIFICATION PROCESS FOR SUCH SUBSIDIES
IS COMPLETE.
(a) In General.--Notwithstanding any other provision of law, no
premium tax credit under section 36B of the Internal Revenue Code of
1986 or reduced cost-sharing under section 1402 of the Patient
Protection and Affordable Care Act (42 U.S.C. 18071) shall be allowed
with respect to any individual for any coverage month which begins
after December 31, 2014, and before the date on which the process to
verify, in accordance with section 1411 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18081), the estimated household income
and coverage requirements of such individual for purposes of
determining eligibility for, and the accurate amount of, such credit or
reduction, respectively, has been completed. For purposes of the
previous sentence, the verification process described in such sentence
with respect to an individual shall not be treated as complete unless a
manual or electronic review has been completed of applicable
information required to be submitted by such individual under section
1411(b) of such Act (42 U.S.C. 18081(b)) and any inconsistency of such
information with records of the Secretary of the Treasury, the
Secretary of Homeland Security, or the Commissioner of Social Security
has been resolved.
(b) Treatment of Individual Mandate.--Notwithstanding any other
provision of law, no penalty shall be imposed under section 5000A of
the Internal Revenue Code of 1986 with respect to an individual for any
month--
(1) with respect to which such individual would (but for
subsection (a)) be allowed a premium tax credit under section
36B of the Internal Revenue Code of 1986; and
(2) which begins after December 31, 2014, and before the
date on which the verification process described in subsection
(a) has been completed, in accordance with such subsection,
with respect to the eligibility of such individual for such
credit. | Streamlining Verification for Americans Act - Requires the Secretary of the Treasury to allow large employers to prospectively report information regarding health care coverage available to employees eligible for premium subsidies on a health care exchange. Amends the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services (HHS), upon an individual's request, to make an advance determination of the individual's eligibility for premium subsidies based on information other than the individual's most recent taxable year income. Requires the Government Accountability Office (GAO) to evaluate the notification of employers by health care exchanges regarding employees determined to be eligible for premium subsidies and the appeals process for eligibility determinations. Amends the Internal Revenue Code of 1986 to allow a person reporting an individual's health coverage to the Treasury to identify the individual using their birth date in place of their taxpayer identification number (TIN) in certain circumstances. Allows large employers or persons reporting an employee's or individual's health coverage to the Treasury to provide the required statement to the employee or individual electronically. Prohibits provision of premium subsidies and assessment of the penalty for not maintaining minimum essential coverage between December 31, 2014, and the date a process is established to verify eligibility for premium subsidies. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Oil Royalty Protection Act
of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Independent producer.--The term ``independent
producer'' means a producer that together with any of its
affiliates produces 80 percent or more of its oil production
domestically and that is not affiliated with a refinery.
(2) Integrated producer.--The term ``integrated producer''
means a producer other than an independent producer.
(3) Commodity-based price.--The term ``commodity-based
price'' means the price obtained under contracts to buy or sell
oil in a domestic futures market.
(4) Marker crude price.--The term ``marker crude price''
means the price obtained in a market for a specific crude oil,
if that crude oil can be used as a standard for assessing the
true value of other oil.
(5) Affiliate.--The term ``affiliate'' means a person that
owns, is owned by, or is under common ownership with another
person, and includes corporate subsidiaries, partnerships,
joint ventures, and other forms of ownership.
(6) Gross proceeds.--The term ``gross proceeds''--
(A) means the total moneys, reimbursements, and
other consideration accruing under a contract for the
disposition of oil produced, including all
consideration received or paid by a lessee for services
that the lessee must perform at no cost to the Federal
Government or that is otherwise normally performed by a
producer; and
(B) includes any payments made to reduce, buy down,
or buy out of a contract for the disposition of oil
produced.
(7) Transportation.--The term ``transportation'' means the
movement of oil or gas from a central accumulation or treatment
point to a point of sale or delivery.
(8) Concerned state.--The term ``concerned State'' means
any State that shares in the revenues received under Federal
onshore or Outer Continental Shelf leases.
SEC. 3. OIL VALUATION RULES.
(a) Separate Rules.--
(1) In general.--Subject to the requirements in this
section, the Secretary may establish separate rules to govern
the calculation of the value for Federal royalty purposes of
crude oil produced by independent producers and integrated
producers from any Federal onshore or Outer Continental Shelf
lease.
(2) Integrated producers.--Any rule established under this
subsection for integrated producers shall comply with the
provisions of subsection (b).
(3) Independent producers: gross proceeds.--(A) Any rule
under this subsection for independent producers may allow
payment of royalties based on the total gross proceeds accruing
to an independent producer or its affiliate under an arm's-
length contract for a true sale of the crude oil.
(B) Rules under this subsection may allow any lessee, in
valuing crude oil on the basis of its gross proceeds, to deduct
its reasonable, necessary, and actual costs of transportation.
No other deductions, allowances, or adjustments to a royalty
payment may be made.
(C)(i) Rules under this subsection shall require that a
lessee, in valuing crude oil on the basis of gross proceeds,
shall certify annually to the Secretary that it will comply
with its duty to market the production.
(ii) If the Secretary finds that any lessee has breached
its duty to market the production, the lessee shall be liable
for additional royalties as determined under subsection (b) and
for the total administrative and legal costs incurred by the
Federal government in investigating and prosecuting the breach.
(iii) Violations of the certification required under this
subparagraph shall be subject to a penalty that shall be not
less than an amount equal to the underpayment amount determined
by the Secretary under paragraph (3)(C)(i).
(4) Independent producers: market-based method.--(A) Any
rule established by the Secretary for independent producers
that is not based on gross proceeds as provided in paragraph
(3) or that will apply to crude oil sold or transferred under
non-arm's-length circumstances shall be based on an
independent, market-based method. In promulgating such a rule,
the Secretary shall consider application of a commodity-based
price or marker crude price.
(B) Rules under this paragraph shall establish a single
method for valuing crude oil, except that such rules--
(i) may apply a different method in different
geographic regions, if the Secretary finds that the use
of a different method in a region is necessary to
reflect the unique market characteristics of that
region; and
(ii) may provide for any reasonable and necessary
adjustments or deductions, subject to the limitations
set forth in subsections (a)(3)(B) and (b)(3).
(b) Single Set of Rules.--
(1) In general.--If the Secretary determines not to
establish separate rules as authorized under subsection (a),
the Secretary shall establish a single set of rules to govern
the calculations referred to in subsection (a) that apply to
both independent producers and integrated producers. Such rules
shall use a method for determining the value of all crude oil
that is based on a commodity-based price or a marker crude
price.
(2) Geographic variation.--Rules under this subsection may
apply different commodity-based prices or marker crude prices
in different geographic regions, if the Secretary finds that
the application of a different price in a particular region is
necessary to reflect the unique market characteristics of the
region.
(3) Other variation.--Rules under this section may provide
for reasonable and necessary location- and quality-based
adjustments to any commodity-based price or marker crude price.
No other deductions, allowances, or adjustments to a royalty
payment may be made.
SEC. 4. ROYALTY RATE REDUCTIONS FOR STRIPPER AND HEAVY OIL.
(a) In General.--Except as otherwise provided in this section, all
royalty rate reductions for stripper and heavy oil granted by the
Secretary on or before the date of enactment of this Act for oil
produced from any Federal onshore lease are canceled beginning on the
first day of the first production month following the date of enactment
of this Act. For all such oil produced in the first full month after
the date of enactment of this Act, a lessee shall remit royalties at
the rate established under its lease.
(b) Independent Producer Leases.--
(1) Existing royalty rate reductions.--All royalty rate
reductions for stripper and heavy oil granted by the Secretary
on or before the date of enactment of this Act and applicable
to leases held or operated by independent producers shall
remain in effect until the earlier of--
(A) September 10, 1999, or
(B) cancellation by the Secretary.
(2) New royalty rate reductions.--After cancellation of a
royalty rate reduction for a lease under paragraph (1), the
Secretary may grant royalty rate reductions for oil production
under a lease, except that such a rate reduction may be granted
for the lease only if--
(A) the Secretary makes the findings required under
section 39 of the Mineral Leasing Act of 1920 (30
U.S.C. 209) on a lease-by-lease basis;
(B) the reduction is approved by the concerned
State; and
(C) the rate reduction is effective for a period
not greater than 3 years.
SEC. 5. TRANSPORTATION CHARGE FOR OUTER CONTINENTAL SHELF PRODUCTION.
The rate to be charged to any lessee or operator of a lease on the
Outer Continental Shelf for transportation of oil or gas produced under
the lease on any pipeline from the lease to an onshore sales or
delivery point shall not exceed the actual costs of transporting the
oil on such pipeline, as determined by the Secretary, plus a reasonable
rate of return not to exceed the prime rate.
SEC. 6. REVIEW OF COMPLIANCE REGARDING PIPELINE RIGHT-OF-WAY
PERMITTEES.
(a) Review.--The Secretary shall promptly review and determine the
extent to which each holder of a right-of-way or permit under section
28 of the Mineral Leasing Act (30 U.S.C. 185), and each pipeline
operator thereunder, has complied with the requirements of the right-
of-way or permit and that section in the construction, operation, and
maintenance of pipelines under the right-of-way or permit.
(b) Matters To Be Reviewed.--In carrying out subsection (a), the
Secretary shall determine, among other matters, whether the holder of a
right-of-way or permit and each pipeline operator thereunder has
complied with requirements regarding publication of tariffs, provision
of access to unaffiliated shippers, maintenance of convenient
facilities for unaffiliated shippers to deliver and take off oil or gas
(as applicable), and charging of just and reasonable tariffs for
unaffiliated shippers.
(c) Revocation of Right-Of-Way or Permit.--If the Secretary
determines that a holder of a right-of-way or permit, or any pipeline
operator thereunder, has failed to comply with any requirement referred
to in subsection (a), the Secretary shall revoke the right-of-way or
permit.
SEC. 7. REPEAL OF LIMITATION ON ISSUANCE OF RULES REGARDING VALUATION
OF CRUDE OIL FOR ROYALTY PURPOSES.
Section 3009 of the 1998 Supplemental Appropriations and
Rescissions Act, relating to a limitation on use of appropriations to
issue a notice of final rulemaking with respect to the valuation of
crude oil for royalty purposes, is repealed. | Federal Oil Royalty Protection Act of 1998 - Authorizes the Secretary of the Interior to establish separate rules to govern the calculation of the value for Federal royalty purposes of crude oil produced by independent and integrated producers from any Federal onshore or Outer Continental Shelf lease. Prescribes requirements and optional features of such rules with respect to: (1) integrated producers; (2) independent producers' gross proceeds; or (3) independent producers' market-based methods.
(Sec. 3) Directs the Secretary to establish a single set of rules to govern such calculations if it is determined not to establish separate rules.
(Sec. 4) Declares all royalty rate reductions for stripper and heavy oil granted by the Secretary for oil produced from any Federal onshore lease cancelled as of the first day of the first production month following enactment of this Act. Requires a lessee to remit royalties at the rate established under its lease as of the first full production month following enactment of this Act.
Retains existing royalty rate reductions for stripper and heavy oil applicable to independent producers' leases until September 1999 or (if earlier) cancellation by the Secretary. Authorizes the Secretary to grant royalty rate reductions under specified circumstances.
(Sec. 5) Prohibits the rate charged to any Outer Continental Shelf lessee or lease operator for oil or gas transportation on any pipeline from the lease to an onshore sales or delivery point from exceeding actual oil pipeline transportation costs as determined by the Secretary, plus a reasonable rate of return not to exceed the prime rate.
(Sec. 6) Directs the Secretary to: (1) promptly review and determine the extent to which each Mineral Leasing Act holder of a right-of-way or permit, and each pipeline operator, has complied with specified statutory requirements; and (2) revoke such right-of-way or permit for non-compliance with such Act.
(Sec. 7) Amends the 1998 Supplemental Appropriations and Rescissions Act to repeal the prohibition on the use of appropriations to issue a notice of final rulemaking before October 1, 1998, with respect to crude oil valuation for royalty purposes. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Doxxing Prevention Act''.
SEC. 2. DISCLOSURE OF PERSONAL INFORMATION WITH THE INTENT TO CAUSE
HARM.
(a) In General.--Chapter 41 of title 18, United State Code, is
amended by adding at the end the following:
``Sec. 881. Publication of personally identifiable information with the
intent to cause harm
``(a) Prohibition.--Whoever, with the intent to threaten,
intimidate, harass, stalk, or facilitate another to threaten,
intimidate, harass, or stalk, uses the mail or any facility or means of
interstate or foreign commerce to knowingly publish the personally
identifiable information of another person, and as a result of that
publication places that person in reasonable fear of the death of or
serious bodily injury to--
``(1) that person;
``(2) an immediate family member of that person; or
``(3) an intimate partner of that person,
shall be subject to the criminal penalty and the civil liability
provided by this section.
``(b) Criminal Penalty.--
``(1) In general.--Whoever violates subsection (a) shall be
fined under this title or imprisoned not more than 5 years, or
both.
``(2) Reimbursement.--
``(A) In general.--The court, in imposing a
sentence on a defendant convicted of an offense under
this section, shall order the defendant to reimburse
any party for expenses necessitated by such offense.
``(B) Joint and several liability.--A person
ordered to make reimbursement under this subsection
shall be jointly and severally liable for such expenses
with each other person, if any, who is ordered to make
reimbursement under this subsection for the same
expenses.
``(C) Civil judgment.--An order of reimbursement
under this subsection shall, for the purposes of
enforcement, be treated as a civil judgment.
``(c) Civil Action.--An individual who is a victim of an offense
under this section may bring a civil action against the perpetrator (or
whoever knowingly benefits, financially or by receiving anything of
value from participation in a venture which that person knew or should
have known has engaged in an act in violation of this section) and may
recover money damages and any other appropriate relief, including
reasonable attorney's fees.
``(d) Definitions.--In this section:
``(1) Publish.--The term `publish' means to circulate,
deliver, distribute, disseminate, transmit, or otherwise make
available to another person.
``(2) Personally identifiable information.--The term
`personally identifiable information' means--
``(A) any information that can be used to
distinguish or trace an individual's identity, such as
name, prior legal name, alias, mother's maiden name,
social security number, date or place of birth,
address, phone number, or biometric data;
``(B) any information that is linked or linkable to
an individual, such as medical, financial, education,
consumer, or employment information, data, or records;
or
``(C) any other sensitive private information that
is linked or linkable to a specific identifiable
individual, such as gender identity, sexual
orientation, or any sexually explicit visual depiction
of a person described in clause (1), (2), or (3) of
subsection (a).
``(3) Immediate family member.--The term `immediate family
member' means--
``(A) the spouse, parent, brother, sister, or child
of the subject of the publication or a person to whom
the subject of the publication stands in loco parentis;
or
``(B) any other person living in the subject of the
publication's household and related to the subject of
the publication by blood or marriage.
``(4) Intimate partner.--The term `intimate partner' means
a person who is or has been in a social relationship of a
romantic or intimate nature with the subject of the
publication, as determined by the length of the relationship,
the type of relationship, and the frequency of interaction
between the persons involved in the relationship.
``(5) Sexually explicit visual depiction.--The term
`sexually explicit visual depiction' means any photograph,
film, video, or other recording or live transmission of a
person, whether produced by electronic, mechanical, or other
means (including depictions that are not stored in a permanent
format), that depicts--
``(A) the lascivious exhibition of the anus, the
post-pubescent female nipple, the genitals, or the
pubic area of any person;
``(B) any actual or simulated sexual contact or
sexual act;
``(C) bestiality; or
``(D) sadistic or masochistic conduct.
``(e) Attempt and Conspiracy.--Whoever attempts or conspires to
violate this section shall be punishable in the same manner as a
completed violation of this section.
``(f) Activities of Law Enforcement.--This section does not
prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States,
a State, or political subdivision of a State, or of an intelligence
agency of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 41 title 18, United States Code, is amended by adding at the
end the following new item:
``881. Publication of personally identifiable information with the
intent to cause harm.''. | Interstate Doxxing Prevention Act This bill amends the federal criminal code to make it a crime to use the mail or any facility or means of interstate commerce to knowingly publish (or attempt or conspire to publish) personally identifiable information of another person with the intent to threaten, intimidate, harass, or stalk, and as a result, place that person in reasonable fear of death or seriously bodily injury to that person, or to that person's family member or intimate partner. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both—and civil liability. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Summer Food Service Program
Improvement Act of 2003''.
SEC. 2. DEFINITION OF AREAS IN WHICH POOR ECONOMIC CONDITIONS EXIST.
(a) In General.--Section 13(a)(1)(C) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(a)(1)(C)) is amended by
inserting ``(or, in the case of a rural area (as defined in section
343(a)(13)(A) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)(13)(A))), 40 percent)'' after ``50 percent''.
(b) Prospective Repeal.--
(1) In general.--Section 13(a)(1)(C) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(C)) (as
amended by subsection (a)) is amended by striking ``(or,'' and
all that follows through 40 percent)''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect on October 1, 2005.
SEC. 3. PAYMENTS.
(a) Operating Expenses.--Section 13(b)(1) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(b)(1)) is amended by striking
subparagraph (A) and inserting the following:
``(A) In general.--A payment to a service
institution shall be equal to the maximum amount for
food service under subparagraphs (B) and (C).''.
(b) Administrative Costs.--Section 13(b) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1761(b)) is amended by striking
paragraph (3) and inserting the following:
``(3) Administrative costs.--Payment to a service
institution for administrative costs shall be equal to the
maximum allowable levels determined by the Secretary under the
study required under paragraph (4).''.
(c) Conforming Amendment.--Section 18 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769) is amended by striking
subsection (f).
SEC. 4. STARTUP GRANTS FOR SUMMER FOOD SERVICE PROGRAMS.
Section 13 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1761) is amended by inserting after subsection (h) the
following:
``(i) Startup Grants for Summer Food Service Programs.--
``(1) Definition of eligible service institution.--In this
subsection, the term `eligible service institution' means a
service institution that agrees to operate the summer food
service program established with the assistance provided under
this subsection.
``(2) Grants.--The Secretary shall make grants, on a
competitive basis, to 10 States, in a total amount of not more
than $5,000,000 for each fiscal year from funds made available
to the Secretary, to assist eligible service institutions in
initiating summer food service program sites.
``(3) Uses.--A State shall use a grant made available under
this subsection to assist eligible service institutions with
expenses incurred in initiating summer food service programs
during the first year of the sites.
``(4) Supplementary funds.--A grant under this subsection
shall supplement any payment to which a State is entitled under
this section.
``(5) Plan.--To be eligible to receive a grant under this
subsection, a State shall submit to the Secretary a plan to
initiate summer food service program sites conducted in the
State, including a description of the manner in which the State
shall provide technical assistance and funding to eligible
service institutions in the State to initiate the sites.
``(6) State preferences.--In making a grant under this
subsection for a fiscal year to initiate summer food service
programs sites, the Secretary shall give preference to a State
in which not more than 10 lunches under summer food service
programs are served on an average day in June and July for each
100 free and reduced price lunches served on an average day
from September through May of the previous school year, as
determined by the Secretary.
``(7) Reallocation.--The Secretary shall act in a timely
manner to recover and reallocate to other States any amount
made available to a State under this subsection that is not
used by the agency or State within a reasonable period (as
determined by the Secretary).
``(8) Application.--The Secretary shall allow application
by States on an annual basis for grants under this subsection.
``(9) Preferences by states.--In allocating funds within
the State, each State shall give preference for assistance
under this subsection to an eligible service institution that
demonstrates the greatest need for assistance for a summer food
service program, as determined by the State.
``(10) Maintenance of effort.--The expenditure of funds
from State and local sources for the maintenance of the summer
food service program shall not be diminished as a result of
grants made available under this subsection.''.
SEC. 5. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act take effect on October 1, 2003. | Summer Food Service Program Improvement Act of 2003 - Amends the Richard B. Russell National School Lunch Act to revise requirements for the summer food service program for children.
Provides for a temporary redefinition of rural areas in which poor economic conditions exist.
Revises requirements relating to payments to service institutions for operating expenses and administrative costs.
Directs the Secretary of Agriculture to make competitive startup grants to ten States to assist eligible service institutions in initiating summer food service program sites. | billsum_train |
Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Military Reservist
Tax Credit Act''.
SEC. 2. CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF ACTIVATED
MILITARY RESERVIST AND REPLACEMENT PERSONNEL.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY RESERVISTS.
``(a) General Rule.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to the
sum of--
``(1) in the case of a small business employer, the
employment credit with respect to all qualified employees and
qualified replacement employees of the taxpayer, plus
``(2) the self-employment credit of a qualified self-
employed taxpayer.
``(b) Employment Credit.--For purposes of this section--
``(1) Qualified employees.--
``(A) In general.--The employment credit with
respect to a qualified employee of the taxpayer for any
taxable year is equal to 40 percent of the lesser of--
``(i) the excess, if any, of--
``(I) the qualified employee's
average daily qualified compensation
for the taxable year, over
``(II) the average daily military
pay and allowances received by the
qualified employee during the taxable
year,
while participating in qualified reserve
component duty to the exclusion of the
qualified employee's normal employment duties
for the number of days the qualified employee
participates in qualified reserve component
duty during the taxable year, including time
spent in a travel status, or
``(ii) $15,000.
The employment credit, with respect to all qualified
employees, is equal to the sum of the employment
credits for each qualified employee under this
subsection.
``(B) Average daily qualified compensation and
average daily military pay and allowances.--As used
with respect to a qualified employee--
``(i) the term `average daily qualified
compensation' means the qualified compensation
of the qualified employee for the taxable year
divided by the difference between--
``(I) 365, and
``(II) the number of days the
qualified employee participates in
qualified reserve component duty during
the taxable year, including time spent
in a travel status, and
``(ii) the term `average daily military pay
and allowances' means--
``(I) the amount paid to the
qualified employee during the taxable
year as military pay and allowances on
account of the qualified employee's
participation in qualified reserve
component duty, divided by
``(II) the total number of days the
qualified employee participates in
qualified reserve component duty,
including time spent in travel status.
``(C) Qualified compensation.--When used with
respect to the compensation paid or that would have
been paid to a qualified employee for any period during
which the qualified employee participates in qualified
reserve component duty, the term `qualified
compensation' means--
``(i) compensation which is normally
contingent on the qualified employee's presence
for work and which would be deductible from the
taxpayer's gross income under section 162(a)(1)
if the qualified employee were present and
receiving such compensation,
``(ii) compensation which is not
characterized by the taxpayer as vacation or
holiday pay, or as sick leave or pay, or as any
other form of pay for a nonspecific leave of
absence, and with respect to which the number
of days the qualified employee participates in
qualified reserve component duty does not
result in any reduction in the amount of
vacation time, sick leave, or other nonspecific
leave previously credited to or earned by the
qualified employee, and
``(iii) group health plan costs (if any)
with respect to the qualified employee.
``(D) Qualified employee.--The term `qualified
employee' means a person who--
``(i) has been an employee of the taxpayer
for the 91-day period immediately preceding the
period during which the employee participates
in qualified reserve component duty, and
``(ii) is a member of the Ready Reserve of
a reserve component of an Armed Force of the
United States as defined in sections 10142 and
10101 of title 10, United States Code.
``(2) Qualified replacement employees.--
``(A) In general.--The employment credit with
respect to a qualified replacement employee of the
taxpayer for any taxable year is equal to 40 percent of
the lesser of--
``(i) the individual's qualified
compensation attributable to service rendered
as a qualified replacement employee, or
``(ii) $15,000.
The employment credit, with respect to all qualified
replacement employees, is equal to the sum of the
employment credits for each qualified replacement
employee under this subsection.
``(B) Qualified compensation.--When used with
respect to the compensation paid to a qualified
replacement employee, the term `qualified compensation'
means--
``(i) compensation which is normally
contingent on the qualified replacement
employee's presence for work and which is
deductible from the taxpayer's gross income
under section 162(a)(1),
``(ii) compensation which is not
characterized by the taxpayer as vacation or
holiday pay, or as sick leave or pay, or as any
other form of pay for a nonspecific leave of
absence, and
``(iii) group health plan costs (if any)
with respect to the qualified replacement
employee.
``(C) Qualified replacement employee.--The term
`qualified replacement employee' means an individual
who is hired to replace a qualified employee or a
qualified self-employed taxpayer, but only with respect
to the period during which such employee or taxpayer
participates in qualified reserve component duty,
including time spent in travel status.
``(c) Self-Employment Credit.--For purposes of this section--
``(1) In general.--The self-employment credit of a
qualified self-employed taxpayer for any taxable year is equal
to 40 percent of the lesser of--
``(A) the excess, if any, of--
``(i) the self-employed taxpayer's average
daily self-employment income for the taxable
year over
``(ii) the average daily military pay and
allowances received by the taxpayer during the
taxable year, while participating in qualified
reserve component duty to the exclusion of the
taxpayer's normal self-employment duties for
the number of days the taxpayer participates in
qualified reserve component duty during the
taxable year, including time spent in a travel
status, or
``(B) $15,000.
``(2) Average daily self-employment income and average
daily military pay and allowances.--As used with respect to a
self-employed taxpayer--
``(A) the term `average daily self-employment
income' means the self-employment income (as defined in
section 1402(b)) of the taxpayer for the taxable year
plus the amount paid for insurance which constitutes
medical care for the taxpayer for such year (within the
meaning of section 162(l)) divided by the difference
between--
``(i) 365, and
``(ii) the number of days the taxpayer
participates in qualified reserve component
duty during the taxable year, including time
spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the taxpayer
during the taxable year as military pay and
allowances on account of the taxpayer's
participation in qualified reserve component
duty, divided by
``(ii) the total number of days the
taxpayer participates in qualified reserve
component duty, including time spent in travel
status.
``(3) Qualified self-employed taxpayer.--The term
`qualified self-employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as
defined in section 1402(a)) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States.
``(d) Credit in Addition to Deduction.--The employment credit or
the self-employment credit provided in this section is in addition to
any deduction otherwise allowable with respect to compensation actually
paid to a qualified employee, qualified replacement employee, or
qualified self-employed taxpayer during any period the qualified
employee or qualified self-employed taxpayer participates in qualified
reserve component duty to the exclusion of normal employment duties.
``(e) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 51(a) and 1396(a) with respect to
any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(f) Limitations.--
``(1) Application with other credits.--The credit allowed
under subsection (a) for any taxable year shall not exceed the
excess (if any) of--
``(A) the regular tax for the taxable year reduced
by the sum of the credits allowable under subpart A and
sections 27, 29, and 30, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of the
armed forces of the united states.--No credit shall be allowed
under subsection (a) to a taxpayer for--
``(A) any taxable year, beginning after the date of
the enactment of this section, in which the taxpayer is
under a final order, judgment, or other process issued
or required by a district court of the United States
under section 4323 of title 38 of the United States
Code with respect to a violation of chapter 43 of such
title, and
``(B) the 2 succeeding taxable years.
``(3) Disallowance with respect to persons ordered to
active duty for training.--No credit shall be allowed under
subsection (a) to a taxpayer with respect to any period by
taking into account any person who is called or ordered to
active duty for any of the following types of duty:
``(A) Active duty for training under any provision
of title 10, United States Code.
``(B) Training at encampments, maneuvers, outdoor
target practice, or other exercises under chapter 5 of
title 32, United States Code.
``(C) Full-time National Guard duty, as defined in
section 101(d)(5) of title 10, United States Code.
``(g) General Definitions and Special Rules.--For purposes of this
section--
``(1) Small business employer.--
``(A) In general.--The term `small business
employer' means, with respect to any taxable year, any
employer who employed an average of 50 or fewer
employees on business days during such taxable year.
``(B) Controlled groups.--For purposes of
subparagraph (A), all persons treated as a single
employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.
``(2) Military pay and allowances.--The term `military pay'
means pay as that term is defined in section 101(21) of title
37, United States Code, and the term `allowances' means the
allowances payable to a member of the Armed Forces of the
United States under chapter 7 of that title.
``(3) Qualified reserve component duty.--The term
`qualified reserve component duty' includes only active duty
performed, as designated in the reservist's military orders, in
support of a contingency operation as defined in section
101(a)(13) of title 10, United States Code.
``(4) Special rules for certain manufacturers.--
``(A) In general.--In the case of any qualified
manufacturer--
``(i) subsections (b)(1)(A)(ii),
(b)(2)(A)(ii), and (c)(1)(B) shall be applied
by substituting `$25,000' for `$15,000', and
``(ii) paragraph (1)(A) of this subsection
shall be applied by substituting `100' for
`50'.
``(B) Qualified manufacturer.--For purposes of this
paragraph, the term `qualified manufacturer' means any
person if--
``(i) the primary business of such person
is classified in sector 31, 32, or 33 of the
North American Industrial Classification
System, and
``(ii) all of such person's facilities
which are used for production in such business
are located in the United States.
``(5) Carryback and carryforward allowed.--
``(A) In general.--If the credit allowable under
subsection (a) for a taxable year exceeds the amount of
the limitation under subsection (f)(1) for such taxable
year (in this paragraph referred to as the `unused
credit year'), such excess shall be a credit carryback
to each of the 3 taxable years preceding the unused
credit year and a credit carryforward to each of the 20
taxable years following the unused credit year.
``(B) Rules.--Rules similar to the rules of section
39 shall apply with respect to the credit carryback and
credit carryforward under subparagraph (A).
``(6) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall apply.''.
(b) Conforming Amendment.--Section 55(c)(2) of the Internal Revenue
Code of 1986 is amended by inserting ``30B(f)(1),'' after
``30(b)(3),''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end 30A the following new item:
``Sec. 30B. Employer wage credit for
activated military
reservists.''.
(d) Effective Date; Special Rule.--
(1) Effective date.--The amendments made by this section
shall apply to amounts paid after September 11, 2001, in
taxable years ending after such date.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period. | Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to establish, with respect to individuals participating in qualified military reserve component duty, a tax credit equal to the sum of: (1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer; and (2) the self-employment credit of a qualified self-employed taxpayer. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Domestic Employment
Tax Simplification Act of 1993''.
SEC. 2. INCREASE IN MINIMUM AMOUNT OF CASH REMUNERATION FOR DOMESTIC
SERVICES SUBJECT TO SOCIAL SECURITY EMPLOYMENT TAXES.
(a) Determination of Wages under the Social Security Act.--
Subparagraph (B) of section 209(a)(6) of the Social Security Act is
amended to read as follows:
``(B)(i) Cash remuneration paid by an employer in any
calendar year to an employee for domestic service in a private
home of the employer, if the cash remuneration paid in such
year by the employer to the employee for such service is less
than the minimum assessed wages determined under this
subparagraph for such year.
``(ii) The minimum assessed wages for 1993 shall be the
product of $200 and the ratio of the average of the total wages
(as defined in regulations of the Secretary and computed
without regard to the limitations specified in section
209(a)(1)) for 1992 to the average of the total wages (as so
defined) for 1950, with such product, if not a multiple of $10,
being rounded to the next higher multiple of $10 where such
amount is a multiple of $5 but not of $10 and to the nearest
multiple of $10 in any other case.
``(iii) The Secretary shall, on or after November 1 of 1993
and of every year thereafter, determine and publish in the
Federal Register the minimum assessed wages for the succeeding
calendar year. The amount of such minimum assessed wages shall
be the larger of--
``(I) the amount in effect for the calendar year in
which the determination under this clause is made, or
``(II) the product of the minimum assessed wages
for 1993 and the ratio of the deemed average total
wages (as defined in section 209(k)(1)) for the
calendar year before the year in which the
determination under this clause is made to the deemed
average total wages (as so defined) for 1991,
with such product, if not a multiple of $10, being rounded to
the next higher multiple of $10 where such amount is a multiple
of $5 but not of $10 and to the nearest multiple of $10 in any
other case.
``(iv) As used in this subparagraph, the term `domestic
service in a private home of the employer' does not include
service described in section 210(f)(5).''.
(b) Determination of Wages Under the Internal Revenue Code of
1986.--
(1) In general.--Subparagraph (B) of section 3121(a)(7) of
the Internal Revenue Code of 1986 (defining wages) is amended
to read as follows:
``(B) cash remuneration paid by an employer in any
calendar year to an employee for domestic service in a
private home of the employer, if the cash remuneration
paid in such year by the employer to the employee for
such service is less than the minimum assessed wages
determined under section 209(a)(6)(B) of the Social
Security Act for such year. As used in this
subparagraph, the term `domestic service in a private
home of the employer' does not include service
described in subsection (g)(5);''.
(2) Conforming amendment.--The second sentence of section
3102(a) of such Code (relating to deduction of tax from wages)
is amended--
(A) by striking ``calendar quarter'' each place it
appears and inserting ``calendar year'', and
(B) by striking ``$50'' and inserting ``the minimum
assessed wages determined under section 209(a)(6)(B) of
the Social Security Act for such year''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid in calendar years after 1992. As soon as
practicable after the date of the enactment of this Act, the Secretary
of Health and Human Services shall publish in the Federal Register the
minimum assessed wages for 1993, determined under section
209(a)(6)(B)(ii) of the Social Security Act (as amended by this Act).
SEC. 3. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT WITH
COLLECTION OF INCOME TAXES.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions relating to employment taxes) is
amended by adding at the end the following new section:
``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT
TAXES WITH COLLECTION OF INCOME TAXES.
``(a) General Rule.--Except as otherwise provided in this section--
``(1) returns with respect to domestic service employment
taxes shall be made on a calendar year basis,
``(2) any such return for any calendar year shall be filed
on or before the due date (including extensions) of the income
tax return for the employer's taxable year which begins in such
calendar year, and
``(3) no requirement to make deposits (or to pay
installments under section 6157) shall apply with respect to
such taxes.
``(b) Domestic Service Employment Taxes Subject to Estimated Tax
Provisions.--
``(1) In general.--Solely for purposes of section 6654,
domestic service employment taxes imposed with respect to any
calendar year shall be treated as a tax imposed by chapter 2
for the taxable year of the employer which begins in such
calendar year.
``(2) Annualization.--Under regulations prescribed by the
Secretary, appropriate adjustments shall be made in the
application of section 6654(d)(2) in respect of the amount
treated as tax under paragraph (1).
``(3) Transitional rule.--For purposes of applying section
6654 to a taxable year beginning in 1993, the amount referred
to in clause (ii) of section 6654(d)(1)(B) shall be increased
by 90 percent of the amount treated as tax under paragraph (1)
for such taxable year.
``(c) Domestic Service Employment Taxes.--For purposes of this
section, the term `domestic service employment taxes' means--
``(1) any taxes imposed by chapter 21 or 23 on remuneration
paid for domestic service in a private home of the employer,
and
``(2) any amount withheld from such remuneration pursuant
to an agreement under section 3402(p).
For purposes of this subsection, the term `domestic service in a
private home of the employer' does not include service described in
section 3121(g)(5).
``(d) Exception Where Employer Liable for Other Employment Taxes.--
To the extent provided in regulations prescribed by the Secretary, this
section shall not apply to any employer for any calendar year if such
employer is liable for any tax under this subtitle with respect to
remuneration for services other than domestic service in a private home
of the employer.
``(e) Authority To Enter Into Agreements To Collect State
Unemployment Taxes.--
``(1) In general.--The Secretary is hereby authorized to
enter into an agreement with any State to collect, as the agent
of such State, such State's unemployment taxes imposed on
remuneration paid for domestic service in a private home of the
employer. Any taxes to be collected by the Secretary pursuant
to such an agreement shall be treated as domestic service
employment taxes for purposes of this section.
``(2) Transfers to state account.--Any amount collected
under an agreement referred to in paragraph (1) shall be
transferred by the Secretary to the account of the State in the
Unemployment Trust Fund.
``(3) Subtitle f made applicable.--For purposes of subtitle
F, any amount required to be collected under an agreement under
paragraph (1) shall be treated as a tax imposed by chapter 23.
``(4) State.--For purposes of this subsection, the term
`State' has the meaning given such term by section
3306(j)(1).''
(b) Clerical Amendment.--The table of sections for chapter 25 is
amended by adding at the end thereof the following:
``Sec. 3510. Coordination of collection
of domestic service employment
taxes with collection of income
taxes.''
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid in calendar years after 1992.
SEC. 4. STUDY REGARDING MINIMUM ASSESSED WAGES FOR DOMESTIC SERVICE.
(a) In General.--The Secretary of Health and Human Services and the
Secretary of the Treasury shall conduct a joint study of the effects of
the amendments made by this Act. In the course of such study, the
Secretaries shall--
(1) analyze the effect of the amounts of minimum assessed
wages established pursuant to such amendments on the integrity
of the Federal Old-Age and Survivors Insurance Trust Fund, the
Federal Disability Insurance Trust Fund, and the Federal
Hospital Insurance Trust Fund,
(2) evaluate the annual savings to the Government caused by
the annualization of the employment taxes provided in such
amendments, and
(3) such other related matters as they consider
appropriate.
(b) Report.--Not later than January 1, 1996, the Secretaries shall
transmit a report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate setting
forth the results of their study conducted pursuant to subsection (a).
Such study shall include such recommendations for legislative changes
as such Secretaries may consider appropriate. | Social Security Domestic Employment Tax Simplification Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code (IRC) to raise the threshold amount of cash remuneration payable to a domestic employee in any year which is subject to social security employment taxes.
Amends IRC to: (1) provide for the coordination of the collection of domestic service employment taxes with the collection of income taxes; (2) subject domestic service employment taxes to estimated tax provisions; (3) exempt certain employers from the payment of such taxes; and (4) authorize the Secretary of the Treasury to enter into agreements to collect State unemployment taxes imposed on such remuneration.
Requires the Secretaries of Health and Human Services and the Treasury to study and report to the Congress on the effects of this Act. | billsum_train |
Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spring Mountains National Recreation
Area Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) National forest lands.--The term ``National Forest
lands'' means lands included in the National Forest System (as
defined in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
(2) Recreation area.--The term ``Recreation Area'' means
the Spring Mountains National Recreation Area established by
section 4.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) preserve scenic, scientific, historic, cultural,
natural, wilderness, watershed, riparian, wildlife, threatened
and endangered species, and other values contributing to public
enjoyment and biological diversity in the Spring Mountains of
Nevada;
(2) ensure appropriate conservation and management of
natural recreation resources in the Spring Mountains; and
(3) provide for the development of public recreation
opportunities in the Spring Mountains for the enjoyment of
present and future generations.
SEC. 4. ESTABLISHMENT OF RECREATION AREA.
(a) In General.--Subject to valid existing rights, there is
established the Spring Mountains National Recreation Area in Nevada.
(b) Boundaries and Map.--The Recreation Area shall consist of
approximately 316,000 acres of federally owned lands and waters in the
Toiyabe National Forest, as generally depicted on a map entitled
``Spring Mountain National Recreation Area--Proposed'', numbered NV-CH,
and dated August 2, 1992.
(c) Map Filing.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map of the Recreation Area with
the Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives.
(d) Public Inspection.--The map shall be on file and available for
public inspection in the offices of the Chief of the Forest Service,
Department of Agriculture.
(e) Discrepancies.--In the case of any discrepancy between the
acreage referred to in subsection (b) and the map described in
subsection (b), the map described in subsection (b) shall control with
respect to any question concerning the boundaries of the Recreation
Area.
SEC. 5. MANAGEMENT.
(a) In General.--The Secretary, acting through the Chief of the
Forest Service, shall manage the Recreation Area in accordance with the
laws applicable to the National Forest System and this Act to provide
for--
(1) the conservation of scenic, scientific, historic,
cultural, and other values contributing to public enjoyment;
(2) the conservation of fish and wildlife populations and
habitat, including the use of prescribed fire to improve or
maintain habitat;
(3) the protection of watersheds and the maintenance of
free flowing streams and the quality of ground and surface
waters in accordance with applicable Federal and State law;
(4) public outdoor recreation benefits, including hunting,
fishing, trapping, hiking, horseback riding, backpacking, rock
climbing, camping, and nature study;
(5) wilderness areas as designated by Congress pursuant to
the Wilderness Act (16 U.S.C. 1131 et seq.); and
(6) the management, utilization, and disposal of natural
resources in a manner compatible with the purposes for which
the Recreation Area is established.
(b) Hunting, Trapping, and Fishing.--
(1) In general.--Subject to paragraph (2), the Secretary
shall permit hunting, trapping, fishing, and habitat management
within the Recreation Area in accordance with the laws of the
United States and the State of Nevada.
(2) Exceptions.--The Secretary, after consultation with the
Nevada Department of Wildlife, may designate zones where and
periods when hunting, trapping, or fishing shall not be
permitted for reasons of public safety, administration, or
public use and enjoyment.
(c) Grazing.--The Secretary may permit the grazing of livestock
within the Recreation Area pursuant to Federal law and subject to such
reasonable regulations, policies, and practices as the Secretary
considers necessary.
(d) Preventive Measures.--Nothing in this Act shall preclude such
reasonable measures as the Secretary considers necessary to protect the
land and resources in the Recreation Area from fire or insect or
disease infestation.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--
(1) Procedures.--
(A) Development of plan.--Not later than 3 full
fiscal years after the date of enactment of this Act,
the Secretary shall develop a general management plan
for the Recreation Area as an amendment to the Toiyabe
National Forest Land and Resource Management Plan.
(B) Scope.--
(i) In general.--Subject to clause (ii),
the amendment described in subparagraph (A)
shall reflect the establishment of the
Recreation Area and be consistent with this
Act.
(ii) Effect on toiyabe plan.--Nothing in
this Act shall require the Secretary to revise
the Toiyabe National Forest Land and Resource
Management Plan pursuant to section 6 of the
Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604).
(C) Availability to public.--The general management
plan for the Recreation Area shall be available to the
public in a document separate from the rest of the
Toiyabe National Forest Land and Resource Management
Plan.
(2) Contents.--The management plan described in paragraph
(1) shall be developed with full public participation and shall
include--
(A) implementation plans for a continuing program
of interpretation and public education about the
resources and values of the Recreation Area;
(B) proposals for public facilities to be
developed, expanded, or improved for the Recreation
Area, including one or more visitor centers to
accommodate both local and out-of-State visitors;
(C) plans for the management of natural and
cultural resources in the Recreation Area, with
emphasis on the preservation and long-term scientific
use of archaeological resources, with priority in
development given to the enforcement of the
Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.) and the National Historic
Preservation Act (16 U.S.C. 470 et seq.) within the
Recreation Area;
(D) wildlife and fish resource management plans for
the Recreation Area prepared in consultation with
appropriate departments of the State of Nevada and
using other available studies of the Recreation Area;
(E) recreation management plans for the Recreation
Area prepared in consultation with appropriate
departments of the State of Nevada;
(F) wild horse and burro herd management plans for
the Recreation Area prepared in consultation with
appropriate departments and commissions of the State of
Nevada; and
(G) an inventory of all lands within the Recreation
Area not presently managed as National Forest lands
that will permit the Secretary to evaluate possible
future acquisitions.
(3) Consultation.--The plans for the management of natural
and cultural resources described in paragraph (2)(C) shall be
prepared in consultation with--
(A) the Advisory Council on Historic Preservation
established by title II of the National Historic
Preservation Act (16 U.S.C. 470i et seq.); and
(B) the Nevada State Department of Conservation and
Natural Resources, Division of Historic Preservation
and Archaeology.
(b) Wilderness Study Areas.--
(1) Recommendations.--The general management plan for the
Recreation Area shall include the recommendations of the Bureau
of Land Management as to the suitability for preservation as
wilderness pursuant to the Wilderness Act (16 U.S.C. 1131 et
seq.) of the 89,270 acres identified as the Mt. Stirling, La
Madre Mountains, and Pine Creek Wilderness Study Areas on the
Bureau of Land Management Wilderness Status Map, dated March
1990.
(2) Management.--Pending submission of a recommendation and
until otherwise directed by Act of Congress, the Secretary,
acting through the Chief of the Forest Service, shall manage
the lands and waters within the wilderness study areas referred
to in paragraph (1) so as to maintain their potential for
inclusion within the National Wilderness Preservation System.
SEC. 7. ACQUISITION OF LANDS.
(a) In General.--The Secretary may acquire by donation, purchase
with donated or appropriated funds, exchange, bequest, or otherwise
such lands, or lesser interests in lands (including mineral interests,
water rights, and scenic easements) as the Secretary determines are
necessary to carry out this Act.
(b) Exchanges Out of Federal Ownership.--Federally owned lands,
waters, or interests in lands or waters located within the Recreation
Area may not be exchanged except in connection with an exchange for
lands, waters, or interests in lands or waters owned by the State of
Nevada or a political subdivision of the State.
(c) Incorporation of Acquired Lands.--Any lands, waters, or
interests in lands or waters located within the Recreation Area that
are acquired by the United States or are administratively transferred
to the Secretary after the date of enactment of this Act shall be
incorporated into the Recreation Area and managed in accordance with
this Act and the laws applicable to the National Forest System.
(d) Land and Water Conservation Fund.--
(1) Boundaries.--For the purpose of section 7 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
when new boundaries are established for a unit of the National
Forest System pursuant to subsection (c), the new boundaries
shall be treated as if they were the boundaries of the National
Forest as of January 1, 1965.
(2) Availability of funds.--Money appropriated from the
Land and Water Conservation Fund shall be available for the
acquisition of lands, waters, and interests in lands and waters
in furtherance of the purposes of this Act.
SEC. 8. WITHDRAWAL.
(a) In General.--Subject to valid existing rights and except for
the lands described in subsection (b), all Federal lands within the
Recreation Area and all lands, waters, and interests in lands and
waters within the Recreation Area that are acquired by the United
States after the date of enactment of this Act are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal
leasing laws.
(b) Exception.--The lands referred to in subsection (a) have the
following legal description:
S\1/2\ Sec. 23, W\1/2\E\1/2\ and W\1/2\ Sec. 27, E\1/2\E\1/2\
Sec. 28, E\1/2\E\1/2\ Sec. 33, and W\1/2\ Sec. 34, T 23 S, R 58
E, Mt. Diablo Meridian.
SEC. 9. COORDINATED MANAGEMENT.
The Secretary shall coordinate the management of the Recreation
Area with the management of all proximate lands in a manner that best
meets the present and future needs of the people of the United States.
SEC. 10. COOPERATIVE AGREEMENTS.
In order to encourage unified and cost-effective management and
interpretation of natural and cultural resources in southern Nevada,
the Secretary may enter into cooperative agreements with other Federal,
State, and local agencies, and with nonprofit entities, that provide
for the management and interpretation of natural and cultural resources
in southern Nevada.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Spring Mountains National Recreation Area Act - Establishes the Spring Mountains National Recreation Area in Nevada.
Requires the Secretary of Agriculture to develop a general management plan for the Area as an amendment to the Toiyabe National Forest Land and Resource Management Plan. Requires inclusion in the plan any Bureau of Land Management recommendations as to the suitability of specified wilderness study areas for preservation as wilderness.
Directs the Secretary, acting through the Chief of the Forest Service, to manage the lands and waters within the wilderness study areas to maintain their potential for inclusion within the National Wilderness Preservation System, pending submission of such recommendation and until otherwise directed by an Act of the Congress.
Authorizes the Secretary to acquire such lands, or lesser interests in lands, as necessary to carry out this Act.
Withdraws all Federal lands within the Area and lands, waters, and interests in such acquired by the United States after the enactment of this Act from public land and mining laws (including mineral and geothermal leasing), with exceptions.
Directs the Secretary to coordinate the management of the Area with that of all proximate lands in a manner that best meets the present and future needs of the people of the United States.
Authorizes the Secretary to enter into cooperative agreements with nonprofit entities and other Federal, State, and local agencies to provide for the management and interpretation of natural and cultural resources in southern Nevada.
Authorizes appropriations. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Hospitals Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Health care costs in the United States are rising. From
2004 through 2005, the medical costs for a four-person
household increased by 9.1 percent to $12,214. A significant
portion of these increased costs are attributable to health
care-associated infections. When a patient contracts such an
infection, that cost is passed on to the insurance companies,
State and Federal governments, or individuals.
(2) Health care-associated infections contribute to over
$50,000,000,000 in annual medical costs. An acquired infection
adds $150,000 to a medical bill per patient.
(3) The Centers for Disease Control and Prevention reports
that there are an estimated 2,000,000 cases of health care-
associated infections and an estimated 90,000 deaths related to
such infections annually.
(4) Only six States require hospitals to report their
health care-associated infection rates. Only one State makes
that information available to the public for each hospital.
(5) Health care-associated infections include surgical site
infections, ventilator associated pneumonia, central line
related (IV) blood infections, urinary tract infections,
methicillin-resistant Staphylococcus aureus (MRSA) infections,
and other types of infections. These infections are transmitted
to patients when there is inadequate adherence to clean
sanitation and patient safety procedures that would otherwise
prevent infectious disease. A study in the American Journal of
Medical Quality of almost 12,000 hospitalizations reports that
hospital procedures, not the sickness of the patient at the
time of admission, tended to be the primary cause of these
infections.
(6) Hospitals and other health care providers have been
able to drastically reduce infection rates by strict adherence
to clean sanitation techniques, including:
(A) Handwashing before and after contact with any
patient.
(B) Sterilizing all equipment used with patients.
(C) Clean up before and after patient procedures.
(D) Proper use of antibiotics before and after
surgery.
(E) Pre-testing patients on admission to evaluate
the presence of an infection (such as MRSA).
(F) Use of infection control boards at hospitals to
monitor and manage procedures.
(7) The National Surgical Infection Prevention Project
found in a study of over 34,000 patients treated nationwide
that more than 44 percent of patients did not receive
antibiotic doses within the recommended time frame. In
addition, the American Journal of Infection Control reports
that 70 percent of health care workers do not adhere to
handwashing and sterilization procedures.
(8) Hospitals have successfully reduced infections by
improving patient safety. For example, Allegheny General
Hospital in Pennsylvania reduced the rate of central line-
acquired infections to almost zero within 90 days by educating
and training health care staff on infection control resulting
in savings in three years of over $2,000,000. A major teaching
hospital in St. Louis reported a reduction in central line
acquired infection rates through introduction of an educational
program for all staff resulting in cost savings of over
$1,500,000. Mercy Health Center in Oklahoma has performed 400
surgeries without any infections by utilizing antibiotics and
clean procedures.
(9) Uniform and accurate public reporting of health care-
associated infections by hospitals and ambulatory surgical
centers will allow health care providers to target their
efforts to reduce the occurrence of health care-associated
infections, enhance consumer choice of health care providers,
reduce health care costs, and save lives.
SEC. 3. REQUIREMENT FOR PUBLIC REPORTING OF HEALTH CARE-ASSOCIATED
INFECTIONS DATA BY HOSPITALS AND AMBULATORY SURGICAL
CENTERS.
(a) Required Reporting.--
(1) Hospitals.--Subsection (a)(1) of section 1866 of the
Social Security Act (42 U.S.C. 1395cc) is amended--
(A) in subparagraph (U), by striking ``and'' at the
end;
(B) in subparagraph (V), by striking the period at
the end and inserting ``, and''; and
(C) by inserting after subparagraph (V) the
following new subparagraph:
``(W) in the case of a hospital or critical access
hospital, to report to the Secretary data in accordance
with subsection (k)(1).''.
(2) Ambulatory surgical centers.--Section 1832(a)(2)(F)(i)
of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended by
inserting after ``other standards'' the following: ``,
including the reporting to the Secretary of data in accordance
with section 1866(k)(1),''.
(b) Data Reporting and Public Posting of Health Care-Associated
Infections by Hospitals and Ambulatory Surgical Centers.--Section 1866
of such Act (42 U.S.C. 1395cc) is further amended by adding at the end
the following new subsection:
``(k) Data Reporting and Public Availability of Health Care-
Associated Infections by Hospitals and Ambulatory Surgical Centers.--
``(1) Quarterly reporting requirement.--Not later than 45
days after the end of a calendar quarter (beginning more than
one year after the date of the enactment of this subsection), a
hospital or ambulatory surgical center shall report to the
Secretary the rate of each health care-associated infection
selected under paragraph (2) occurring in the hospital or
center, respectively, during the calendar quarter and
information on relevant risk factors (relating to
susceptibility of patients to each such infection) that may
affect such rate.
``(2) Selection of health care-associated infections.--For
purposes of this subsection, the Secretary shall select one or
more health care-associated infections.
``(3) Public posting of data.--The Secretary shall promptly
post, on the official public Internet site of the Department of
Health and Human Services, the data reported under paragraph
(1). Such data shall be set forth in a manner that promotes the
comparison of the relative rate of occurrence of each health
care-associated infection selected under paragraph (2), taking
into account the relevant risk factors reported under such
paragraph, among hospitals and ambulatory surgical centers.
``(4) Annual report to congress.--For each year for which
data is reported under paragraph (1) for any calendar quarter
in the year, the Secretary shall submit to Congress a report
that summarizes each of the following:
``(A) The rates of occurrence of each health care-
associated infection selected under paragraph (2) in
hospitals and ambulatory surgical centers during such
year.
``(B) Factors that contribute to the occurrence of
each such infection.
``(C) The measures applied by hospitals and
ambulatory surgical centers to reduce each such
infection and the effect of such measures during such
year.
``(D) The total increases or decreases in health
care costs that resulted from increases or decreases in
the rates of occurrence of each such infection during
such year.
``(E) Recommendations for best practices to
eliminate the rates of occurrence of each such
infection in hospitals and ambulatory surgical centers.
``(5) Civil money penalty.--The Secretary may impose a
civil money penalty of not more than $10,000 for each knowing
violation of paragraph (1) by a hospital or ambulatory surgical
center. A civil money penalty under this paragraph shall be
imposed and collected in the same manner as a civil money
penalty under subsection (a) of section 1128A is imposed and
collected under that section, except that, notwithstanding
subsection (f) of such section, if the Secretary designs and
implements a pilot program under section 4(a) of the Healthy
Hospitals Act of 2007 (relating to the health care-associated
infections pilot program), amounts recovered under this
paragraph shall be paid to the Secretary and shall be available
to carry out such pilot program.
``(6) Non-preemption of state laws.--Nothing in this
subsection shall be construed as preempting or otherwise
affecting any provision of State law relating to the disclosure
of additional information on health care-associated infections
or patient safety procedures for a hospital or ambulatory
surgical center.
``(7) Health care-associated infection defined.--For
purposes of this subsection, the term `health care-associated
infection'--
``(A) means, as defined by the Centers for Disease
Control and Prevention, an infection caused from
bacteria or a virus that--
``(i) is a localized or systemic condition
that results from an adverse reaction to the
presence of an infectious agent or its toxin
and that was not present or incubating at the
time of admission of a patient to the hospital
involved;
``(ii) is present at any time after
admission and before discharge of such patient;
and
``(iii) could reasonably have been
prevented had patient safety measures, plans,
and guidelines been adopted and followed; and
``(B) includes surgical site infections, ventilator
associated pneumonia, central line related (IV) blood
infections, urinary tract infections, methicillin-
resistant Staphylococcus aureus (MRSA) infections,
clostridium difficile infections, and any additional
infections specified by the Secretary.
``(8) Application to critical access hospitals.--For
purposes of this subsection, the term `hospital' shall include
a critical access hospital.''.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2008 through 2010.
SEC. 4. MEDICARE PILOT PROGRAM TO REDUCE HEALTH CARE-ASSOCIATED
INFECTION RATES.
(a) In General.--The Secretary of Health and Human Services is
authorized to design and implement a pilot program under title XVIII of
the Social Security Act to provide financial incentives or grants to
hospitals and ambulatory surgical centers, as selected by the Secretary
in accordance with subsection (b), that demonstrate to the satisfaction
of the Secretary a reduction in the rate of occurrence (or elimination)
of health care-associated infections in the applicable hospital or
ambulatory surgical center.
(b) Selection of Hospitals and Ambulatory Surgical Centers.--In
carrying out subsection (a), the Secretary of Health and Human Services
shall select hospitals and ambulatory surgical centers--
(1) that are capable of accurately monitoring and reporting
the rate of occurrence of health care-associated infections;
and
(2) the participation of which in such program will likely
result in the greatest scientific and health benefit for
purposes of reducing the rate of occurrence of such infections.
(c) Limitation.--Under the pilot program under this section the
aggregate financial incentives provided under the program for reduction
in infections in a period shall not exceed 10 percent of the amount
(estimated by the Secretary) by which Federal expenditures under title
XVIII of the Social Security Act are reduced in such period as a result
of such reduction in infections.
(d) Health Care-Associated Infection Defined.--For purposes of this
section, the term ``health care-associated infection'' has the meaning
given such term under section 1866(k)(6) of the Social Security Act, as
added by section 3(b).
(e) Application to Critical Access Hospitals.--For purposes of this
section, the term ``hospital'' shall include a critical access
hospital.
(f) Authorization of Appropriations.--To carry out this section
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2008 through 2010.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that health care providers and
facilities should take measures to reduce the rate of occurrence of
health care-associated infections to zero, with respect to patients to
whom such providers and facilities furnish services. | Healthy Hospitals Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require public reporting of health care-associated infections data by hospitals and ambulatory surgical centers.
Authorizes the Secretary of Health and Human Services to establish a pilot program under Medicare to provide financial incentives or grants to hospitals and ambulatory surgical centers that demonstrate a satisfactory reduction in the rate of occurrence (or elimination) of health care-associated infections in the applicable hospital or ambulatory surgical center.
Expresses the sense of Congress that health care providers and facilities should take measures to reduce the rate of occurrence of health care-associated infections to zero, with respect to patients to whom such providers and facilities furnish services. | billsum_train |
Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buy American Carbon Incentives
Program Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Avoided conversion agreement.--The term ``avoided
conversion agreement'' means a permanent conservation easement
covering eligible land enrolled under a climate mitigation
contract providing that the eligible land covered will not be
converted for development. Avoided conversion agreements shall
be consistent with the guidelines of the Farm and Ranchland
Protection Program, Forest Legacy Program, or any other program
approved by the Secretary for use under this section to provide
consistency with Federal legal requirements for permanent
conservation easements.
(2) Climate mitigation contract.--The term ``climate
mitigation contract'' or ``contract'' means a contract of not
less than 15 years specifying the eligible practices that will
be undertaken, the acreage of eligible land upon which the
practices will be undertaken, the agreed rate of compensation
per acre, and a schedule to verify that the terms of the
contract have been fulfilled.
(3) Eligible lands.--The term ``eligible lands'' means
agricultural and forestland in the United States that is
privately owned at the time of initiation of a climate
mitigation contract.
(4) Eligible practice.--The term ``eligible practice''
means an agricultural practice or forestry practice determined
by the Secretary to provide measurable increases in carbon
sequestration and storage on eligible lands beyond customary
practices on comparable lands.
(5) Program.--The term ``program'' means the carbon
incentives program required by this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. SUPPLEMENTAL GREENHOUSE GAS EMISSIONS REDUCTIONS IN THE UNITED
STATES.
(a) Establishment and Purpose.--The Secretary of Agriculture shall
establish a carbon incentives program to achieve supplemental
greenhouse gas emissions reductions on private agricultural and
forestland of the United States.
(b) Financial Incentive Payments.--The Secretary shall provide
financial incentive payments under the program for activities that--
(1) measurably increase carbon sequestration and storage
over a designated contract period through management activities
on eligible lands; and
(2) maintain carbon sequestration and storage and avoid
future emissions through permanent avoided conversion
agreements on eligible lands.
SEC. 4. PROGRAM REQUIREMENTS.
(a) Contract Required.--To participate in the program, owners of
eligible lands shall enter into a climate mitigation contract with the
Secretary.
(b) Program Components.--In establishing the program, the Secretary
shall further provide that--
(1) funds distributed under this section shall not be
substituted for, or otherwise used as a basis for reducing,
funding authorized or appropriated under other programs to
compensate owners of eligible lands for activities that are not
covered under a climate mitigation contract;
(2) emissions reductions achieved through a climate
mitigation contract shall not be eligible for crediting under
any federally established offset program; and
(3) compensation for activities under this program shall be
set at such a rate so as not to exceed the net estimated
benefit an owner of eligible land would receive for the same
practices through crediting under any federally established
carbon offset program.
SEC. 5. INCENTIVE PAYMENTS.
(a) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish regulations
specifying eligible practices and related compensation rates,
standards, and guidelines as the basis for developing climate
mitigation contracts with owners of eligible lands.
(b) Set-Aside of Funds for Certain Purposes.--Not less than 35
percent of program funds shall be used to provide further incentives
for owners of eligible lands willing to undertake activities and enter
into agreements that protect carbon reductions and otherwise enhance
environmental benefits achieved under a climate mitigation contract,
which shall include--
(1) 10 percent to provide incentive payments for additional
management activities that increase the adaptive capacity of
lands under a climate mitigation contract, including but not
limited to activities that increase forest resilience to
reversal of stored carbon; and
(2) 25 percent to make funds available on a competitive
basis to compensate owners for entering avoided conversion
agreements on lands subject to a climate mitigation contract.
SEC. 6. PERFORMANCE OF SUPPLEMENTAL REDUCTIONS.
In carrying out the program, the Secretary shall strive to achieve
and report on progress toward reaching the following levels of carbon
sequestration and storage through climate mitigation contracts:
(1) 100,000,000 tons of cumulative reductions by 2020.
(2) 200,000,000 tons of additional cumulative reductions by
2030.
SEC. 7. PROGRAM MEASUREMENT, MONITORING, VERIFICATION, AND REPORTING.
(a) Measurement, Monitoring, and Verification.--The Secretary shall
establish and implement protocols that provide reasonable monitoring
and verification of compliance with climate mitigation contracts, to
include field sampling of actual performance to develop annual
estimates of emissions reductions achieved under the program. Eligible
practices and compensation rates may be adjusted for future climate
mitigation contracts based on results of these measures.
(b) Reporting Requirement.--At least once every 18 months, the
Secretary shall submit to Congress a report containing--
(1) an estimate of annual and cumulative reductions
generated through the program, determined using standardized
measures including economic efficiency; and
(2) a summary of any changes to the program that will be
made as a result of program measurement, monitoring, and
verification.
(c) Availability of Report.--Each report required by subsection (b)
shall be available to the public through the official website of the
Department of Agriculture.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as shall be
necessary to carry out the purposes of this section. | Buy American Carbon Incentives Program Act of 2009 - Directs the Secretary of Agriculture to: (1) establish a carbon incentives program to achieve supplemental greenhouse gas emissions reductions on private agricultural and forestland; (2) provide financial incentive payments for activities that increase carbon sequestration and storage over a designated contract period, and maintain carbon sequestration and storage and avoid future emissions through permanent avoided conversion agreements; and (3) establish monitoring and compliance protocols.
Requires participating owners to enter into a climate mitigation contract with the Secretary.
Obligates specified funds for further incentives for activities and agreements that protect carbon reductions and otherwise enhance environmental benefits achieved under a climate mitigation contract. | billsum_train |
Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Act of 1964
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) On December 1, 1955, Rosa Parks' brave act of defiance,
refusing to give up her seat to a white person on a segregated bus
in Montgomery, Alabama, galvanized the modern civil rights movement
and led to the desegregation of the South.
(2) On February 1, 1960, 4 college students, Joseph McNeil,
Franklin McCain, David Richmond, and Ezell Blair, Jr., asked to be
served at a lunch counter in Greensboro, North Carolina, and lunch
counter sit-ins began to occur throughout the South to challenge
segregation in places of public accommodation.
(3) On May 4, 1961, the Freedom Rides into the South began to
test new court orders barring segregation in interstate
transportation, and riders were jailed and beaten by mobs in
several places, including Birmingham and Montgomery, Alabama.
(4) Dr. Martin Luther King, Jr., was the leading civil rights
advocate of the time, spearheading the civil rights movement in the
United States during the 1950s and 1960s with the goal of
nonviolent social change and full civil rights for African
Americans.
(5) On August 28, 1963, Dr. Martin Luther King, Jr., led over
250,000 civil rights supporters in the March on Washington and
delivered his famous ``I Have A Dream'' speech to raise awareness
and support for civil rights legislation.
(6) Mrs. Coretta Scott King, a leading participant in the
American civil rights movement, was side-by-side with her husband,
Dr. Martin Luther King, Jr., during many civil rights marches,
organized Freedom Concerts to draw attention to the Movement, and
worked in her own right to create an America in which all people
have equal rights.
(7) The mass movement sparked by Rosa Parks and led by Dr.
Martin Luther King, Jr., among others, called upon the Congress and
Presidents John F. Kennedy and Lyndon B. Johnson to pass civil
rights legislation which culminated in the enactment of the Civil
Rights Act of 1964.
(8) The Civil Rights Act of 1964 greatly expanded civil rights
protections, outlawing racial discrimination and segregation in
public places and places of public accommodation, in federally
funded programs, and employment and encouraging desegregation in
public schools, and has served as a model for subsequent anti-
discrimination laws.
(9) We are an eminently better Nation because of Rosa Parks,
Dr. Martin Luther King, Jr., and all those men and women who have
confronted, and continue to confront, injustice and inequality
wherever they see it.
(10) Equality in education was one of the cornerstones of the
civil rights movement.
(11) On September 10, 1961, Dr. Martin Luther King, Jr., wrote
that African American ``students are coming to understand that
education and learning have become tools for shaping the future and
not devices of privilege for an exclusive few''.
(12) Over its long and distinguished history, the United Negro
College Fund has provided scholarships and operating funds to its
member colleges that have enabled more than 300,000 young African
Americans to earn college degrees and become successful members of
society.
(13) Those graduates include Dr. Martin Luther King, Jr., as
well as leaders in the fields of education, science, medicine, law,
entertainment, literature, the military, and politics who have made
major contributions to the civil rights movement and the creation
of a more equitable society.
(14) Congress has an obligation to lead America's continued
struggle to fight discrimination and ensure equal rights for all.
(15) The year 2014 will mark the semicentennial of the passage
of the Civil Rights Act of 1964.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $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 section 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.--The design of the coins minted under this
Act shall be emblematic of the enactment of the Civil Rights Act of
1964 and its contribution to civil rights 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 ``2014''; 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
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
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 January 1, 2014, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2014.
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) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the United Negro College Fund (UNCF) to carry out the
purposes of the Fund, including providing scholarships and internships
for minority students and operating funds and technology enhancement
services for 39 member historically black colleges and universities.
(c) Audits.--The United Negro College Fund shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received by the Fund under subsection
(b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Civil Rights Act of 1964 Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue, during 2014, up to 350,000 one-dollar coins designed to be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. Permits the Secretary to initiate sales of such coins, without issuance, before 2014. Terminates such minting authority after December 31, 2014.
Requires sales to include a $10 surcharge per coin, which shall be paid to the United Negro College Fund. Subjects the Fund to certain federal audit requirements and a specified issuance limitation. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Reporting
Improvements Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Social Security Advisory Board, the Technical Panel
on Assumptions and Methods of the Social Security Advisory
Board (in this Act referred to as the ``Panel''), and the
Office of the Chief Actuary of the Social Security
Administration should be commended for their professional,
nonpartisan work to project the future financial operations of
the social security program established under title II of the
Social Security Act.
(2) The Panel reported its recommendations in November
1999.
(3) The Panel recommended a series of changes to current
projections of the financial operations of the social security
program which would, if adopted, increase existing estimates of
the program's unfunded obligations.
(4) The Panel further recommended the use of standards of
comparison that emphasize program sustainability, such as
showing the program's projected annual income rates, cost
rates, and balances with an emphasis that is equal to 75-year
program solvency.
(5) The Panel further recommended that reform proposals be
evaluated using standards of comparison that include the
proposal's impact on the Federal unified budget, as well as a
recognition of the funding shortfalls present under current
law.
(6) The Panel made several other recommendations that are
worthy of consideration, involving issues that include, but are
not limited to, workforce participation, poverty rates among
the elderly, and assumptions regarding equity investment
returns.
(7) Adoption of the Panel's recommendations would assist in
developing a fiscally responsible reform solution that avoids
passing hidden costs to future taxpayers.
SEC. 3. ANNUAL REPORT FROM THE COMMISSIONER OF SOCIAL SECURITY.
(a) In General.--Section 704 of the Social Security Act (42 U.S.C.
904) is amended by adding at the end the following new subsection:
``Annual Report to Congress
``(f) The Commissioner, in conjunction with the Secretary, the
Secretary of the Treasury, and the Director of the Office of Management
and Budget, shall submit an annual report to Congress that includes the
following:
``(1) Projections of the old-age, survivors, and disability
insurance program's (in this subsection referred to as the
`program') annual income rates, cost rates, and annual balances
throughout the 75-year valuation window used by the Board of
Trustees of the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund (in this
subsection referred to as the `Board of Trustees').
``(2) A clear and explicit presentation of the program's
financing shortfalls, expressed as the excess in dollars of
program outlays over revenues, in years that the sum of payroll
tax revenues and revenues resulting from taxes imposed on
benefits provided under the program are projected by the Board
of Trustees to be less than program outlays.
``(3) A presentation of benefit levels under the program
and tax rates throughout the long-range valuation period used
by the Board of Trustees that reflects the extent to which
benefits would need to be reduced to be funded under currently
projected program revenues, and the percentage that taxes would
need to be increased in order to fund promised benefits.
``(4) An evaluation of the effects upon national savings
levels and on the fiscal operations of the Federal Government
of enacted provisions of law relating to the program.
``(5) Estimates of average lifetime values of benefits for
different age, income, and gender cohorts, respectively, for
recipients of benefits under the program, that are consistent
with the estimates of the Board of Trustees of the percentage
of benefits that can be funded under such enacted provisions of
law.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to reports made for calendar years beginning after
the date of enactment of this Act.
SEC. 4. SENSE OF CONGRESS REGARDING SOCIAL SECURITY REFORM LEGISLATION.
It is the sense of Congress that Congress and the President should
not miss a critical opportunity to enact comprehensive bipartisan
social security reform legislation that meets the standard of 75-year
actuarial solvency and also addresses the following issues:
(1) The permanent sustainability of the social security
program.
(2) The long-term impact of reform upon the fiscal
operations of the Federal Government as a whole.
(3) The need for a clear and explicit presentation of the
anticipated reduction in the social security program's unfunded
obligations.
(4) Ensured continued solvency under alternative
assumptions regarding mortality, fertility, rates of return,
and other appropriate economic and demographic assumptions.
(5) The total amount of retirement income provided under
proposed reform in comparison to a standard that explicitly
recognizes the benefit reductions or tax increases that enacted
provisions of law relating to the social security program would
require, according to the estimates in the most recent report
of the Board of Trustees of the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.
(6) The long-term impact of the current projections of
insolvency and of alternative reform proposals upon workforce
participation, poverty among the elderly, national savings
levels, and other issues identified by the Panel.
SEC. 5. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF RECOMMENDATIONS.
It is the sense of Congress that the recommendations of the Panel
should be implemented to the extent deemed reasonable by the Board of
Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund, in consultation with the
agencies and offices that have research, estimating, and reporting
responsibilities pertinent to the social security program. | Expresses the sense of Congress that Congress and the President should not miss a critical opportunity to enact comprehensive bipartisan social security reform legislation that meets the standard of 75-year actuarial solvency, and also addresses outlined issues, including the permanent sustainability of the social security program and the long-term impact of reform upon fiscal operations of the Federal Government as a whole.
Expresses the sense of Congress that the recommendations of the Technical Panel on Assumptions and Methods of the Social Security Advisory Board should be implemented to the extent reasonable by the Board of Trustees of the social security trust funds. | billsum_train |
Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Flu Response Act of
2004''.
SEC. 2. EMERGENCY FLU RESPONSE.
Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et
seq.) is amended by adding at the end the following:
``Subtitle 3--Influenza Vaccine
``SEC. 2141. DEFINITION.
``In this subtitle, the term `priority group' means a group
described as a priority group for vaccination with influenza vaccine in
recommendations entitled `Interim Influenza Vaccination Recommendations
- 2004-2005 Influenza Season', dated October 5, 2004, or any successor
to such recommendations issued by the Secretary.
``SEC. 2142. EMERGENCY ACCESS TO INFLUENZA VACCINE.
``(a) Declaration of Emergency.--
``(1) In general.--Under section 564(b)(1)(C) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-
3(b)(1)(C)), the Secretary shall immediately declare the
shortage of influenza vaccine in the United States for the
2004-2005 influenza season to be an emergency justifying an
authorization for a product under section 564 of such Act (21
U.S.C. 360bbb).
``(2) Determination.--For the purpose of making
determinations under section 564(b)(1)(C) of such Act to carry
out paragraph (1), the Secretary--
``(A) shall deem the shortage to be a public health
emergency described in such section; and
``(B) shall deem influenza virus to be a biological
agent.
``(3) Construction.--Nothing in this subsection shall be
considered to invoke the authorities described in section 319,
or to limit the ability of the Secretary to invoke such
authorities.
``(b) Seeking Influenza Vaccine.--The Secretary shall promptly
consult with the health ministries of Canada, countries that are
members of the European Union as of January 1, 2003, Japan, and
Switzerland to assess the availability of influenza vaccine for the
2004-2005 influenza season that--
``(1) has been approved, licensed, or otherwise cleared for
marketing by the relevant regulatory agency in such a country;
and
``(2) is in excess of the needs in such country for the
vaccination of persons at high risk for complications from
influenza.
``(c) Issuance of Authorization.--
``(1) In general.--The Secretary shall promptly evaluate
available influenza vaccine (as identified under subsection
(b)) to determine whether the vaccine meets the criteria for
issuance of an authorization under section 564(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3(c)).
``(2) Criteria.--For the purpose of making determinations
under section 564(c) of such Act to carry out paragraph (1),
the Secretary--
``(A) shall deem influenza virus to be an agent
that can cause a serious or life-threatening disease or
condition; and
``(B) shall deem the shortage described in
subsection (a)(1) to be sufficient evidence that there
is no alternative described in section 564(c)(3).
``(d) Vaccine Purchase.--Not later than 30 days after the date of
enactment of the Emergency Flu Response Act of 2004, the Secretary
shall purchase, at a reasonable price, available influenza vaccine
identified under subsection (b) for which the Secretary has issued an
authorization under section 564(c) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-3(c)).
``(e) Vaccine Distribution.--Notwithstanding any other provision of
law, the Secretary shall promptly import and distribute any influenza
vaccine purchased under subsection (d), giving first priority to
persons in priority groups.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2005.
``SEC. 2143. EFFECTIVE RESPONSES TO VACCINE SHORTAGES.
``(a) In General.--The Secretary shall award a grant to each State
to allow such State to develop and implement a plan to respond to the
shortage of influenza vaccine in the United States for the 2004-2005
influenza season.
``(b) Use of Funds.--A State that receives a grant under this
section shall use the funds made available through a grant under
subsection (a) to develop--
``(1) a voluntary plan to ensure that the influenza vaccine
is, to the maximum extent possible, administered to priority
groups;
``(2) a system to notify health care providers about
revisions in guidelines for administering influenza vaccine;
``(3) an awareness campaign to inform the public about
recommendations concerning groups that are priority groups for
vaccination with influenza vaccine; and
``(4) procedures to allow for the voluntary donation of
vaccine as described in section 2145.
``(c) Amount.--The amount of a grant under subsection (a) shall be
proportional to the population of the State and the severity of the
shortage of influenza vaccine in such State, as determined by the
Secretary.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2005.
``SEC. 2144. EFFECTIVE MONITORING OF THE NATION'S INFLUENZA VACCINE
SUPPLY.
``(a) Manufacturers.--Not later than 15 days after the date of
enactment of the Emergency Flu Response Act of 2004 and every 30 days
thereafter, any person who manufactures influenza vaccine for
introduction into interstate commerce shall prepare and submit to the
Secretary a summary report that lists--
``(1) each client, both public and private, who purchased
influenza vaccine from the manufacturer during the period
covered by the report; and
``(2) the number of doses of influenza vaccine sold to each
client during the period.
``(b) State Public Health Agencies.--To be eligible to receive a
grant under section 2143(a), a State through its public health agency
shall, not later than 15 days after the date of enactment of the
Emergency Flu Response Act of 2004 and every 30 days thereafter,
prepare and submit to the Secretary a summary report describing--
``(1) the number of doses of influenza vaccine available in
the State during the period covered by the report;
``(2) the number of such doses that were given to each
priority group during that period; and
``(3) to the extent that such information is readily
obtainable by the State, the manner in which such doses were
distributed to consumers during such period, such as by
distribution through public health agencies or private health
care providers.
``SEC. 2145. CLEARINGHOUSES FOR VOLUNTARY DONATION OF INFLUENZA
VACCINE.
``The Centers for Disease Control and Prevention, and each State
public health agency described in section 2144(b), shall establish a
clearinghouse to--
``(1) enable persons to voluntarily donate influenza
vaccine doses; and
``(2) distribute the doses for administration to
individuals in priority groups.
``SEC. 2146. PURCHASES OF INFLUENZA VACCINE.
``(a) In General.--The Secretary shall establish a program through
which the Secretary may--
``(1) purchase from private employers, vaccine wholesalers,
and other appropriate individuals and entities, doses of
influenza vaccine that are not needed for the vaccination of
priority groups; and
``(2) distribute the doses purchased under paragraph (1)
for administration to individuals in priority areas.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2005.
``SEC. 2147. USE OF INFLUENZA VACCINE.
``(a) Executive Branch.--The head of each Executive agency (as
defined in section 105 of title 5, United States Code) shall ensure
that any influenza vaccine in the possession of the head of the agency
shall--
``(1) be administered only to employees of the agency who
are in priority groups; and
``(2) provide to the Secretary any doses of the vaccine
that are not needed for the vaccination of individuals in
priority groups, so that the Secretary can distribute the doses
for administration to individuals in the priority groups.
``(b) Legislative Branch.--The Attending Physician of the Capitol
shall ensure that any influenza vaccine in the possession of the
Attending Physician shall--
``(1) be administered only to employees of the legislative
branch of the Federal Government who are in priority groups;
and
``(2) provide to the Secretary any doses of the vaccine
that are not needed for the vaccination of individuals in
priority groups, so that the Secretary can distribute the doses
for administration to individuals in the priority groups.
``SEC. 2148. ENHANCING EXISTING COUNTERMEASURES AGAINST INFLUENZA.
``(a) Authorization to Purchase.--The Secretary may, subject to
amounts appropriated under subsection (d), purchase at a reasonable
negotiated price, such additional amounts of any drug approved by the
Commissioner of Food and Drugs to treat influenza as are determined
necessary by the Secretary.
``(b) Addition to Stockpile.--The Secretary shall include any drug
purchased under subsection (a) in the stockpile established under
section 121 of the Public Health Security and Bioterrorism Preparedness
and Response Act of 2002.
``(c) Increasing the Effectiveness of Existing Vaccine Supplies.--
The Secretary, acting through the Director of the National Institutes
of Health, shall conduct a clinical trial or trials to determine
whether influenza vaccine can be diluted and continue to retain its
effectiveness in preventing influenza in individuals in priority
groups.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2005.
``SEC. 2149. NATIONAL QUARANTINE COMPENSATION PROGRAM.
``(a) In General.--There is established the National Quarantine
Compensation Program to be administered by the Secretary under which
compensation shall be paid to individuals who are subjected to an order
of quarantine issued by a Federal or State health agency.
``(b) Amount.--An individual's compensation under the National
Quarantine Compensation Program shall be equal to wages lost as a
result of such individual being subjected to the quarantine.
``(c) Appropriations.--There are authorized to be appropriated and
there are hereby appropriated to carry out subsections (a) and (b) such
sums as may be necessary.
``SEC. 2150. EMPLOYMENT RIGHTS AND PROTECTIONS RELATING TO FEDERALLY
MANDATED HEALTH-RELATED QUARANTINE.
``(a) Definitions.--In this section:
``(1) Employer.--The term `employer'--
``(A) means any person engaged in commerce or in
any industry or activity affecting commerce; and
``(B) includes--
``(i)(I) any person who acts, directly or
indirectly, in the interest of a person
described in subparagraph (A) to any of the
employees of such person; or
``(II) any successor in interest of a
person described in subparagraph (A);
``(ii) any public agency, as defined in
section 3(x) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(x));
``(iii) the Government Accountability
Office, the Government Printing Office, and the
Library of Congress; and
``(iv) all other legislative branch
entities identified as employing offices in the
Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.).
``(2) Employment benefits.--The term `employment benefits'
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an employee benefit plan, as defined in section 3 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002).
``(3) Secretary.--
``(A) In general.--Except as otherwise provided in
subparagraph (B), the term `Secretary' means the
Secretary of Labor.
``(B) Exceptions.--In the case of actions brought
regarding employees--
``(i) of the Government Accountability
Office, the term `Secretary' means the
Comptroller General of the United States;
``(ii) of the Government Printing Office,
the term `Secretary' means the Public Printer;
``(iii) of the Library of Congress, the
term `Secretary' means the Librarian of
Congress; and
``(iv) of any other legislative branch
employer, the term `Secretary' means the Office
of Compliance.
``(b) Employment Rights, Benefits, and Protection From
Discrimination.--
``(1) Restoration to position.--Any individual subjected to
an order of quarantine issued by a Federal or State health
agency shall be entitled, on return from such quarantine--
``(A) to be restored by the employer of such
individual to the position of employment held by the
individual when the quarantine of such individual
commenced; or
``(B) to be restored to an equivalent position with
equivalent employment benefits, pay, and other terms
and conditions of employment.
``(2) Benefits.--An individual restored to such
individual's position, or equivalent position, pursuant to
paragraph (1) shall be entitled to the seniority and other
rights and benefits that the individual had on the date when
the quarantine of such individual commenced, plus the
additional seniority and rights and benefits that the
individual would have attained had the individual not been
subjected to a federally mandated health-related quarantine.
``(3) Protection from discrimination.--It shall be unlawful
for an employer to discharge or in any other manner
discriminate against any individual on the basis of such
individual's being, or having been, subjected to a federally
mandated health-related quarantine.
``(c) Investigative Authority; Enforcement.--
``(1) In general.--The Secretary shall ensure compliance
with the provisions of subsection (b) and enforce violations of
subsection (b).
``(2) Same authorities.--In order to carry out paragraph
(1), the Secretary shall have the same authorities as provided
to the Secretary under sections 106 and 107 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 209 and 210) to ensure
compliance with and enforce violations of the Family and
Medical Leave Act of 1993.
``(d) State and Local Laws.--Nothing in this section shall be
construed to supersede any provision of any State or local law that
provides greater rights than the rights established under this
section.''.
``SEC. 2151. ASSURING THAT INDIVIDUALS IN PRIORITY GROUPS RECEIVE
VACCINES.
``(a) Determinations.--Not later than 30 days after the date of
enactment of the Emergency Flu Response Act of 2004, and every 30 days
thereafter, the Secretary shall review the effectiveness of measures
taken under sections 2142 through 2147 and determine whether the
measures have ensured the distribution of influenza vaccine for
administration to individuals in priority groups. If the Secretary
determines that the measures have not ensured that distribution, the
Secretary--
``(1) may take the actions described in subsection (b) if
the Secretary determines that such actions are needed to
protect the public health; and
``(2) shall notify the appropriate committees of Congress
of such determination.
``(b) Assuring the Individuals in Priority Groups Receive
Vaccines.--On making the determination described in subsection (a), the
Secretary may require that a person, not including a person that is a
manufacturer of influenza vaccine, who possesses influenza vaccine sell
such person's supply of the influenza vaccine to the Federal
Government, as an exercise of the Federal Government's power to take
private property for public use, for just compensation.
``(c) Prioritization.--The Secretary shall distribute the doses of
influenza vaccine obtained under subsection (b) in a manner determined
appropriate by the Secretary to ensure that such vaccine is
administered to individual in priority groups.''. | Emergency Flu Response Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to immediately declare the shortage of the influenza vaccine to be a public health emergency justifying an authorization of the use of unapproved products.
Requires the Secretary to: (1) consult with certain foreign countries to assess the availability of excess vaccines; (2) determine whether such vaccines meet the criteria for emergency authorization; (3) purchase, import, and distribute such vaccines; (4) award a grant to each State to develop and implement a plan to respond to the current shortage; and (5) establish a program to purchase and redistribute excess doses for administration to individuals in priority areas.
Requires the head of each executive agency and the Attending Physician of the Capitol to ensure that vaccines are administered only to employees in priority groups and to provide the Secretary with any excess doses for redistribution.
Allows the Secretary to purchase any approved drug to treat influenza for inclusion in the Strategic National Stockpile.
Requires the Secretary, acting through the Director of the National Institutes of Health (NIH), to conduct clinical trials to determine whether a diluted influenza vaccine is effective in priority groups.
Establishes the National Quarantine Compensation Program to pay individuals subject to a State or Federal quarantine order an amount equal to lost wages. Prohibits an employer from discharging or discriminating against such individuals.
Allows the Secretary, upon determining that measures taken under this Act have not been effective, to: (1) take additional measures necessary to protect the public health; and (2) require manufacturers or anyone in possession of the vaccine to sell their supply to the Federal Government. | billsum_train |
Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Abuser Registration
Act of 1993''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``child'' means a person who is a child for
the purposes of the criminal child abuse law of a State;
(2) the term ``child abuse'' means the physical,
psychological, or emotional injuring, sexual abuse or
exploitation, neglectful treatment, or maltreatment of a child
by any person in violation of the criminal child abuse law of a
State;
(3) the term ``child abuser information'' means the
following facts concerning a person who has violated the
criminal child abuse laws of a State:
(A) name, social security number, age, race, sex,
date of birth, height, weight, hair and eye color,
address of legal residence, and a brief description of
the crime or crimes committed by the offender; and
(B) any other information that the Federal Bureau
of Investigation or the National Crime Information
Center determines may be useful in identifying child
abusers;
(4) the term ``criminal child abuse law of a State'' means
the law of a State that establishes criminal penalties for the
commission of child abuse by a parent or other family member of
a child or by any other person;
(5) the term ``National Crime Information Center'' means
the division of the Federal Bureau of Investigation that serves
as a computerized information source on wanted criminals,
persons named in arrest warrants, runaways, missing children,
and stolen property for use by Federal, State, and local law
enforcement authorities; and
(6) the term ``State'' means each of the States, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, Guam, and the Trust Territories of
the Pacific.
SEC. 3. FINDINGS.
The Congress finds that--
(1) disturbing increases have occurred in recent years in
the number of children who are abused by persons who have
previously committed crimes of child abuse;
(2) many children who run away from home, who fall prey to
pornography and prostitution, who suffer from a dependency on
alcohol and drugs, and who become juvenile offenders, have been
victims of child abuse;
(3) research has shown that child abuse tends to repeat
itself, and many parents who abuse their children were once
victims themselves;
(4) in recognition of the increased cases of child abuse,
several States have established agencies to receive and
maintain data relating to cases of child abuse;
(5) currently there exists no centralized national source
through which a law enforcement agency can obtain data relating
to persons who have committed crimes of child abuse;
(6) partly because of the lack of available and accurate
information at the national level, persons who have committed
acts of child abuse in one State have been able to go to
another State to commit the crime again, in many cases in a
position of authority over children; and
(7) the Nation cannot afford to ignore the importance of
preventing child abuse.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to establish a national system through which current,
accurate information concerning persons who commit crimes of
child abuse can be obtained from a centralized source;
(2) to assist in the prevention of second incidents of
child abuse by providing information about persons who have
been convicted of a crime of child abuse to organizations whose
primary concern is that of child welfare and care; and
(3) to understand the problem of child abuse in the United
States by providing statistical and informational data to the
Department of Justice, the National Center on Child Abuse and
Neglect, the Congress, and other interested parties.
SEC. 5. REPORTING BY THE STATES.
(a) In General.--A State which reports the convictions of named
individuals to the Federal Bureau of Investigation shall include all
convictions for child abuse as defined under this Act.
(b) Guidelines.--The Attorney General shall establish guidelines
for the reporting of child abuser information, including procedures for
carrying out the purposes of this Act.
(c) Annual Summary.--The Attorney General shall publish an annual
statistical summary of the child abuser information reported under this
Act.
SEC. 6. STATE COMPLIANCE.
(a) In General.--Each State shall have 3 years from the date of the
enactment of this section in which to implement the provisions of
section 5.
(b) Ineligibility for Funds.--The allocations of funds under
section 506 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3756) received by a State not complying with the
provisions of section 5, 3 years after the date of the enactment of
this Act shall be reduced by 25 percent and the unallocated funds shall
be reallocated to the States in compliance with this section. | National Child Abuser Registration Act of 1993 - Requires a State which reports the convictions of named individuals to the Federal Bureau of Investigation to include all convictions for child abuse.
Directs the Attorney General to establish guidelines for the reporting of child abuser information, including procedures for: (1) establishing a national centralized source of information on child abusers; (2) assisting in the prevention of second incidents of child abuse by providing information about child abusers to child welfare organizations; and (3) providing statistical and informational data on child abuse to the Department of Justice, the National Center on Child Abuse and Neglect, and the Congress.
Requires the Attorney General to publish an annual statistical summary of the child abuser information reported under this Act.
Provides for: (1) a reduction by 25 percent of formula grants under the Omnibus Crime Control and Safe Streets Act of 1968 for States not complying within three years with the reporting requirements of this Act; and (2) the reallocation of such funds to States in compliance. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Hope Act of 2016''.
SEC. 2. REAUTHORIZATION OF PROGRAM FOR PRIORITY REVIEW TO ENCOURAGE
TREATMENTS FOR RARE PEDIATRIC DISEASES.
(a) In General.--Section 529 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by amending subparagraph (A) to read
as follows:
``(A) The disease is a serious or life-threatening disease
in which the serious or life-threatening manifestations
primarily affect individuals aged from birth to 18 years,
including age groups often called neonates, infants, children,
and adolescents.''; and
(B) in paragraph (4)(F), by striking ``Prescription Drug
User Fee Amendments of 2012'' and inserting ``Advancing Hope
Act of 2016'';
(2) in subsection (b)--
(A) by striking paragraph (4) and inserting the following:
``(4) Notification.--
``(A) Sponsor of a rare pediatric disease product.--
``(i) In general.--Beginning on the date that is 90
days after the date of enactment of the Advancing Hope Act
of 2016, the sponsor of a rare pediatric disease product
application that intends to request a priority review
voucher under this section shall notify the Secretary of
such intent upon submission of the rare pediatric disease
product application that is the basis of the request for a
priority review voucher.
``(ii) Applications submitted but not yet approved.--
The sponsor of a rare pediatric disease product application
that was submitted and that has not been approved as of the
date of enactment of the Advancing Hope Act of 2016 shall
be considered eligible for a priority review voucher, if--
``(I) such sponsor has submitted such rare
pediatric disease product application--
``(aa) on or after the date that is 90 days
after the date of enactment of the Prescription
Drug User Fee Amendments of 2012; and
``(bb) on or before the date of enactment of
the Advancing Hope Act of 2016; and
``(II) such application otherwise meets the
criteria for a priority review voucher under this
section.
``(B) Sponsor of a drug application using a priority review
voucher.--
``(i) In general.--The sponsor of a human drug
application shall notify the Secretary not later than 90
days prior to submission of the human drug application that
is the subject of a priority review voucher of an intent to
submit the human drug application, including the date on
which the sponsor intends to submit the application. Such
notification shall be a legally binding commitment to pay
the user fee to be assessed in accordance with this
section.
``(ii) Transfer after notice.--The sponsor of a human
drug application that provides notification of the intent
of such sponsor to use the voucher for the human drug
application under clause (i) may transfer the voucher after
such notification is provided, if such sponsor has not yet
submitted the human drug application described in the
notification.''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Termination of authority.--The Secretary may not award
any priority review vouchers under paragraph (1) after December 31,
2016.''; and
(3) in subsection (g), by inserting before the period ``,
except that no sponsor of a rare pediatric disease product
application may receive more than one priority review voucher
issued under any section of this Act with respect to the drug for
which the application is made.''
(b) Rule of Construction.--Nothing in this Act, or the amendments
made by this Act, shall be construed to affect the validity of a
priority review voucher that was issued under section 529 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff) before the date
of enactment of this Act.
SEC. 3. GAO REPORT.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the effectiveness of awarding priority review
vouchers under section 529 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff) in providing incentives for the development of drugs
that treat or prevent rare pediatric diseases (as defined in subsection
(a)(3) of such section) that would not otherwise have been developed.
In conducting such study, the Comptroller General shall examine the
following:
(1) The indications for which each drug for which a priority
review voucher was awarded under such section 529 was approved
under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(b)(1)) or section 351(a) of the Public Health
Service Act (42 U.S.C. 262(a)).
(2) Whether the priority review voucher impacted sponsors'
decisions to invest in developing a drug to treat or prevent a rare
pediatric disease.
(3) An analysis of the drugs for which such priority review
vouchers were used, which shall include--
(A) the indications for which such drugs were approved
under section 505(b)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(b)(1)) or section 351(a) of the Public
Health Service Act (42 U.S.C. 262(a));
(B) whether unmet medical needs were addressed through the
approval of such drugs, including, for each such drug--
(i) if an alternative therapy was previously available
to treat the indication; and
(ii) if the drug provided a benefit or advantage over
another available therapy;
(C) the number of patients potentially treated by such
drugs;
(D) the value of the priority review voucher if
transferred; and
(E) the length of time between the date on which a priority
review voucher was awarded and the date on which it was used.
(4) With respect to the priority review voucher program under
section 529 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360ff)--
(A) the resources used by the Food and Drug Administration
in implementing such program, including the effect of such
program on the Food and Drug Administration's review of drugs
for which a priority review voucher was not awarded or used;
(B) the impact of the program on the public health as a
result of the review and approval of drugs that received a
priority review voucher and products that were the subject of a
redeemed priority review voucher; and
(C) alternative approaches to improving such program so
that the program is appropriately targeted toward providing
incentives for the development of clinically important drugs
that--
(i) prevent or treat rare pediatric diseases; and
(ii) would likely not otherwise have been developed to
prevent or treat such diseases.
(b) Report.--Not later than January 31, 2022, the Comptroller
General of the United States shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report containing
the results of the study of conducted under subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on September 22, 2016. Advancing Hope Act of 2016 (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to revise the priority review voucher program for rare pediatric disease medications. (A priority review voucher is a transferable voucher that entitles the holder to have a new drug or biological product application acted upon by the Food and Drug Administration (FDA) within six months.) The program is restricted to treatments for serious diseases and is terminated at the end of 2016. Beginning 90 days after enactment of the bill, a medication sponsor who intends to request a voucher for a rare pediatric disease medication must notify the FDA of that intent upon submission of the application for the medication. The bill applies to applications submitted to the FDA before enactment of the bill that have not been approved. Applications submitted before October 7, 2012, are not eligible for a voucher. A voucher may not be issued for a rare pediatric disease product if a voucher was already issued for the medication under another program. (Sec. 3) The Government Accountability Office must study the effectiveness of awarding priority review vouchers as an incentive for the development of medications for rare pediatric diseases that would not otherwise have been developed. | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Florida National Forest Land
Adjustment Act of 2010''.
SEC. 2. RELEASE OF DEED RESTRICTIONS ON CERTAIN LANDS ACQUIRED UNDER
THE BANKHEAD-JONES FARM TENANT ACT IN FLORIDA.
(a) Findings.--Congress finds the following:
(1) Certain lands in the State of Florida were conveyed by
the United States to the State under the authority of section
32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)),
and now are part of the Blackwater River and Withlacoochee
State Forests.
(2) The lands were conveyed to the State subject to deed
restrictions that the lands could be only used for public
purposes.
(3) The deed restrictions impede the ability of the State
to remedy boundary and encroachment problems involving the
lands.
(4) The release of the deed restrictions by the Secretary
of Agriculture (hereafter referred to as the ``Secretary'')
will further the purposes for which the lands are being managed
as State forests and will alleviate future Federal
responsibilities with respect to the lands.
(b) Release Required.--Subject to valid existing rights, and such
reservations as the Secretary considers to be in the public interest,
the Secretary shall release, convey, and quitclaim to the State of
Florida, without monetary consideration, all rights, title, and
remaining interest of the United States in and to those lands within or
adjacent to the Blackwater River and Withlacoochee State Forests that
were conveyed to the State under the authority of section 32(c) of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) or under any other
law authorizing conveyance subject to restrictions or reversionary
interests retained by the United States.
(c) Terms and Conditions.--The conveyances authorized by subjection
(b) are subject to the following terms and conditions:
(1) The State shall cover or reimburse the Secretary for
reasonable costs incurred by the Secretary to make the
conveyances, including title searches, surveys, deed
preparation, attorneys' fees, and similar expenses. The
Secretary may not seek reimbursement for administrative
overhead costs.
(2) By accepting the conveyances authorized by this
section, the State agrees--
(A) that all net proceeds from any sale, exchange,
or other disposition of the real property subject to
deed restrictions shall be used by the State for the
acquisition of lands or interests in lands within or
adjacent to units of the state forest and park systems;
(B) to affirmatively address and resolve boundary
encroachments in accordance with State law for the
affected State forests; and
(C) to indemnify and hold the United States
harmless with regard to any boundary disputes related
to any parcel released under this section.
SEC. 3. INTERCHANGE INVOLVING NATIONAL FOREST SYSTEM LAND AND STATE
LAND IN FLORIDA.
(a) Findings.--The Congress finds the following:
(1) There are intermingled Federal and State lands within
units of the National Forest System in Florida that are of
comparable quantity and quality and of approximately equal
value.
(2) Interchanging these lands would be in the public
interest by facilitating more efficient public land management.
(b) Approximately Equal Value Defined.--In this section, the term
``approximately equal value'' means a comparative estimate of the value
between lands to be interchanged, regarding which, without the
necessity of an appraisal, the elements of value, such as physical
characteristics and other amenities, are readily apparent and
substantially similar.
(c) Land Interchange Authorized.--
(1) Authorization.--Subject to valid existing rights, if
the State of Florida offers to convey to the United States
those State lands designated for interchange on the two maps
entitled ``State of Florida--U.S. Forest Service Interchange--
January, 2009'' and title to such lands is otherwise acceptable
to the Secretary of Agriculture, the Secretary shall convey and
quitclaim to the State those National Forest System lands in
the Ocala National Forest and the Apalachicola National Forest
designated for interchange on the maps.
(2) Maps.--The maps referenced in paragraph (1) shall be
available for public inspection in the office of the Chief of
the Forest Service and in the office of the Supervisor of the
National Forests in Florida for a period of at least 5 years
after completion of the land interchanges authorized by this
section.
(d) Terms and Conditions.--Any land interchange under this section
shall be subject to such reservations and rights-of-way as may be
mutually acceptable to the Secretary and the authorized officer of the
State.
(e) Replacement Land.--In the event that any of the designated
lands are in whole or part found to be unacceptable for interchange
under this section due to title deficiencies, survey problems, the
existence of hazardous materials, or for any other reason, the
Secretary and the authorized officer of the State may substitute or
modify the lands to be interchanged insofar as it is mutually agreed
that the lands are of comparable quality and approximately equal value.
SEC. 4. ADDITIONAL LAND DISPOSAL UNDER FLORIDA NATIONAL FOREST LAND
MANAGEMENT ACT OF 2003.
(a) Disposal Authorized.--In accordance with the provisions of the
Florida National Forest Land Management Act of 2003 (Public Law 108-
152; 117 Stat. 1919), the Secretary of Agriculture may convey, by means
of sale or exchange, all right, title, and interest of the United
States in and to a parcel of land comprising approximately 114 acres,
located within Township 1 South, Range 1 West, section 25, Leon County,
Florida, and designated as tract W-1979.
(b) Use of Proceeds.--
(1) Tract w-1979.--The Secretary shall use the proceeds
derived from any sale of tract W-1979, as authorized by
subsection (a), only--
(A) to acquire lands and interests in land for
inclusion in the Apalachicola National Forest; and
(B) to cover the disposal costs incurred by the
Secretary to carry out the sale of such tract.
(2) Certain other tracts.--With respect to tract A-943,
tract A-944, and tract C-2210, as described in paragraphs (5),
(6), and (16) of subsection (b) of section 3 of the Florida
National Forest Land Management Act of 2003 and authorized for
sale by subsection (a) of such section, being lands having
permanent improvements and infrastructure, the Secretary may
use the net proceeds derived from any sale of such tracts to
acquire, construct, or maintain administrative improvements for
units of the National Forest System in Florida.
SEC. 5. REQUIRED DESIGNATION IN PAYGO ACTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-39; 124
Stat. 8), shall be determined by reference to the latest statement
titled ``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the Chairman of
the House Budget Committee, provided that such statement has been
submitted prior to the vote on passage.
Passed the House of Representatives March 17, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Florida National Forest Land Adjustment Act of 2010 - (Sec. 2) Directs the Secretary of Agriculture (USDA) to release, convey, and quitclaim to the state of Florida, without monetary consideration, all interest of the United States in and to those lands within or adjacent to the Blackwater River and Withlacoochee State Forests that were conveyed to the state under the authority of the Bankhead-Jones Farm Tenant Act or under any other law authorizing conveyance subject to restrictions or reversionary interests retained by the United States.
Requires the state to cover or reimburse the Secretary for reasonable costs incurred to make the conveyances, including title searches, surveys, deed preparaton, attorneys' fees, and similar expenses. Bars the Secretary from seeking reimbursement for administrative overhead costs.
Requires the state to agree: (1) that all net proceeds from any sale, exchange, or other disposition of the real property subject to deed restrictions be used by the state for the acquisition of lands or interests within or adjacent to units of Florida's forest and park systems; (2) to address and resolve boundary encroachments for the affected state forests; and (3) to indemnify and hold the United States harmless with regard to any boundary disputes related to any released parcel.
(Sec. 3) Directs the Secretary, if the state offers to convey to the United States those state lands designated for interchange on the two maps entitled "State of Florida--U.S. Forest Service Interchange--January, 2009" and title to such lands is otherwise acceptable, to convey and quitclaim to the state those National Forest System lands in the Ocala and Apalachicola National Forests in Florida designated for interchange on the maps.
Subjects any land interchange under this Act to such reservations and rights-of-way as may be mutually acceptable to the Secretary and the authorized officer of the state.
Authorizes the Secretary and the authorized officer of the state, in the event that any of the designated lands are found to be unacceptable for interchange because of title deficiencies, survey problems, the existence of hazardous materials, or for any other reason, to substitute or modify the lands to be interchanged insofar as it is mutually agreed that such lands are of comparable quality and approximately equal value.
(Sec. 4) Authorizes the Secretary to convey by sale or exchange tract W-1979 within Leon County, Florida. Requires the proceeds derived from any sale of such tract to be used only to: (1) acquire lands and interests for inclusion in the Apalachicola National Forest; and (2) cover the disposal costs incurred to carry out the sale of the tract.
Authorizes the Secretary, with respect to tracts A-943, A-944, and C-2210, which are authorized for sale under the Florida National Forest Land Management Act of 2003, and being lands having permanent improvements and infrastructure, to use the net proceeds derived from any sales of such tracts for the acquisition, construction, or maintenance of administrative improvements for units of the National Forest System in Florida.
(Sec. 5) Declares that, for purposes of the Statutory Pay-As-You-Go Act of 2010, the budgetary effects of this Act shall be determined by reference to the latest statement entitled "Budgetary Effects of PAYGO Legislation" for this Act, provided that such statement has been submitted for printing in the Congressional Record prior to the vote on passage of this Act. | billsum_train |
Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Emergency Response Act of
2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) high energy costs are causing hardship for families;
(2) restructured energy markets have increased the need for
a higher and more consistent level of funding for low income
energy assistance programs;
(3) conservation programs implemented by the States and the
low income weatherization program reduce costs and need for
additional energy supplies;
(4) energy conservation is a cornerstone of national energy
security policy;
(5) the Federal Government is the largest consumer of
energy in the economy of the United States; and
(6) many opportunities exist for significant energy cost
savings within the Federal Government.
(b) Purposes.--The purposes of this Act are to provide assistance
to those individuals most affected by high energy prices and to promote
and accelerate energy conservation investments in private and Federal
facilities.
SEC. 3. INCREASED FUNDING FOR LIHEAP, WEATHERIZATION, AND STATE ENERGY
GRANTS.
(a) LIHEAP.--Section 2602(b) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621(b)) is amended by striking the
first sentence and inserting the following: ``There are authorized to
be appropriated to carry out the provisions of this title (other than
section 2607A), $3,400,000,000 for each of fiscal years 2001 through
2005.''.
(b) Weatherization Assistance.--Section 422 of the Energy
Conservation and Production Act (42 U.S.C. 6872) is amended by striking
``for fiscal years 1999 through 2003 such sums as may be necessary and
inserting ``$310,000,000 for each of fiscal years 2001 through 2005''.
(c) State Energy Conservation Grants.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking
``for fiscal years 1999 through 2003 such sums as may be necessary''
and inserting ``$75,000,000 for each of fiscal years 2001 through
2005''.
SEC. 4. FEDERAL ENERGY MANAGEMENT REVIEWS.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended by adding at the end the following:
``(e) Priority Response Reviews.--Each agency shall--
``(1) not later than October 1, 2001, undertake a
comprehensive review of all practicable measures for--
``(A) increasing energy and water conservation, and
``(B) using renewable energy sources; and
``(2) not later than 180 days after completing the review,
implement measures to achieve not less than 50 percent of the
potential efficiency and renewable savings identified in the
review.''.
SEC. 5. COST SAVINGS FROM REPLACEMENT FACILITIES.
Section 801(a) of the National Energy Conservation Policy Act (42
U.S.C. 8287(a)) is amended by adding at the end the following:
``(3)(A) In the case of an energy savings contract or energy
savings performance contract providing for energy savings through the
construction and operation of one or more buildings or facilities to
replace one or more existing buildings or facilities, benefits
ancillary to the purpose of such contract under paragraph (1) may
include savings resulting from reduced costs of operation and
maintenance at such replacement buildings or facilities when compared
with costs of operation and maintenance at the buildings or facilities
being replaced.
``(B) Notwithstanding paragraph (2)(B), aggregate annual payments
by an agency under an energy savings contract or energy savings
performance contract referred to in subparagraph (A) may take into
account (through the procedures developed pursuant to this section)
savings resulting from reduced costs of operation and maintenance as
described in subparagraph (A).''.
SEC. 6. REPEAL OF ENERGY SAVINGS PERFORMANCE CONTRACT SUNSET.
Section 801(c) of the National Energy Conservation Policy Act (42
U.S.C. 8287(c)) is repealed.
SEC. 7. ENERGY SAVINGS PERFORMANCE CONTRACT DEFINITIONS.
(a) Energy Savings.--Section 804(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as
follows:
``(2) The term ``energy savings'' means a reduction in the
cost of energy or water, from a base cost established through a
methodology set forth in the contract, used in either--
``(A) an existing federally owned building or
buildings or other federally owned facilities as a
result of--
``(i) the lease or purchase of operating
equipment, improvements, altered operation and
maintenance, or technical services;
``(ii) the increased efficient use of
existing energy sources by cogeneration or heat
recovery, excluding any cogeneration process
for other than a federally owned building or
buildings or other federally owned facilities;
or
``(iii) the increased efficient use of
existing water sources; or
``(B) a replacement facility under section
801(a)(3).''.
(b) Energy Savings Contract.--Section 804(3) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as
follows:
``(3) The terms `energy savings contract' and `energy
savings performance contract' mean a contract which provides
for--
``(A) the performance of services for the design,
acquisition, installation, testing, operation, and,
where appropriate, maintenance and repair, of an
identified energy or water conservation measure or
series of measures at one or more locations; or
``(B) energy savings through the construction and
operation of one or more buildings or facilities to
replace one or more existing buildings or
facilities.''.
(c) Energy or Water Conservation Measure.--Section 804(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(4) is amended
to read as follows:
``(4) The term `energy or water conservation measure'
means--
``(A) an energy conservation measure, as defined in
section 551(4) (42 U.S.C. 8259(4)); or
``(B) a water conservation measure that improves
water efficiency, is life cycle cost effective, and
involves water conservation, water recycling or reuse,
improvements in operation or maintenance efficiencies,
retrofit activities or other related activities, not at
a Federal hydroelectric facility.''. | Energy Emergency Response Act of 2001 - Amends the following Acts to provide increased funding through FY 2005 for energy programs: (1) the Low-Income Home Energy Assistance Act of 1981(for home energy grants); (2) the Energy Conservation and Production Act (for weatherization assistance); and (3) the Energy Policy and Conservation Act (for State energy conservation grants).Amends the National Energy Conservation Policy Act (NECPA) to: (1) mandate that each Federal agency undertake a comprehensive review of practicable measures for increasing energy and water conservation, and for using renewable energy sources; (2) allow as an approved benefit ancillary to an energy savings or performance contract those savings resulting from reduced operation and maintenance costs at replacement facilities; and (3) repeal the termination dates governing the authority to enter into energy savings performance contracts (thus extending such authority indefinitely). | billsum_train |
Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on the
Environment and National Security Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) new threats to the global environment, including to the
earth's climate system, the ozone layer, biological diversity,
soils, oceans, and freshwater resources, have arisen in recent
years;
(2) such threats to the global environment may adversely
affect the health, livelihoods, and physical well-being of
Americans, the stability of many societies, and international
peace;
(3) in recent years, the definition of national security of
the United States has been broadened, both in official White
House documents and in legislation, to include economic
security as well as environmental security;
(4) with the end of the Cold War, the dramatic reduction of
the military threat to United States interests, and the new
recognition in world politics of the urgency of reversing
global environmental degradation recognized at the Earth Summit
in Rio in June 1992, the global environment has taken on even
greater importance to the United States;
(5) the extent and significance of such threats to United
States security has not been fully evaluated by the Congress or
the executive branch, and responses to global environmental
threats have not yet been fully integrated into United States
national security policy; and
(6) the United States Government currently lacks a focal
point for assessing the importance of such new environmental
threat to the national security of the United States and their
implications for United States global security policy.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the National
Commission on the Environment and National Security (hereinafter in
this Act referred to as the ``Commission'').
SEC. 4. DUTIES OF COMMISSION.
(a) Study.--The Commission shall study the role in United States
national security of security against global environmental threats, in
light of recent global political changes and the rise of new
environmental threats to the earth's natural resources and vital life
support systems, including such threats referred to in section 2.
(b) Report.--The Commission shall submit a preliminary and final
report pursuant to section 8, each of which shall contain--
(1) a detailed statement of the findings and conclusions of
the Commission on the matters described in subsection (a); and
(2) specific recommendations with respect to--
(A) ways in which the United States might integrate
concerns about global environmental threats into its
national security and foreign policy;
(B) priority international action to respond to
global environmental threats and likely resource
commitments required to support them; and
(C) possible institutional changes in the executive
and legislative branches of the United States
Government that may be needed to ensure that such new
environmental threats receive adequate priority in the
national security policies and budgetary allocations of
the United States.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 14
members, to be appointed not later than 30 days after the date of the
enactment of this Act, as follows:
(1) 2 members appointed by the President.
(2) 3 members, 1 of whom shall be a Senator, appointed by
the President pro tempore of the Senate from among the
recommendations made by the majority leader of the Senate.
(3) 3 members, 1 of whom shall be a Senator, appointed by
the President pro tempore of the Senate from among the
recommendations made by the minority leader of the Senate.
(4) 3 members, 1 of whom shall be a member of the House of
Representatives, appointed by the Speaker of the House of
Representatives.
(5) 3 members, 1 of whom shall be a member of the House of
Representatives, appointed by the minority leader of the House
of Representatives.
(b) Additional Qualifications.--The Commission members (not
including the members of Congress) shall be chosen from among
individuals who--
(1) are scientists, environmental specialists, experts on
national and international security, or analysts who have
studied the relationship between the environment and national
security, and
(2) are not officers or employees of the United States.
(c) Political Affiliation.--Not more than one-half of the members
appointed from individuals who are not Members of Congress may be of
the same political party. With respect to members who are Members of
Congress, not more than one-half may be of the same political party.
(d) Continuation of Membership.--If a member was appointed to the
Commission as a Member of Congress and the member ceases to be a Member
of Congress, or was appointed to the Commission because the member was
not an officer or employee of any government and later becomes an
officer or employee of a government, that member may continue as a
member for not longer than the 60-day period beginning on the date that
member ceases to be a Member of Congress, or becomes such an officer or
employee, as the case may be.
(e) Terms.--
(1) In general.--Each member of the Commission shall be
appointed for the life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(f) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
each member of the Commission shall be paid at a rate not to
exceed the daily equivalent of the annual rate of basic pay
payable for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day during which
such member is engaged in the actual performance of duties of
the Commission.
(2) Prohibition of compensation of members of congress.--
Members of the Commission who are Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(g) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(h) Quorum.--8 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(i) Chairperson.--The Chairperson of the Commission shall be
elected by a majority of the members.
(j) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson. The Director shall be paid at a rate not
to exceed the maximum rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson may appoint and fix the pay of additional personnel as the
Chairperson considers appropriate.
(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 that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the annual
rate of basic pay payable for level IV of the Executive Schedule under
section 5315 of the title 5, United States Code.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum annual
rate of basic pay payable for GS-18 of the General Schedule.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(h) Immunity.--Except as provided in this subsection, a person may
not be excused from testifying or from producing evidence pursuant to a
subpoena on the ground that the testimony or evidence required by the
subpoena may tend to incriminate or subject that person to criminal
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any
transaction, matter, or thing which that person is compelled to testify
about or produce evidence relating to, except that the person may be
prosecuted for perjury committed during the testimony or made in the
evidence.
(i) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for the purpose
of conducting research or surveys necessary to enable the Commission to
carry out its duties under this Act, and for other services.
SEC. 8. REPORTS.
(a) Preliminary Report.--The Commission shall submit to the
President and the Congress a preliminary report not later than 18
months after the date on which all the members of the Commission have
been appointed.
(b) Final Report.--The Commission shall submit a final report to
the President and the Congress not later than 2 years after the date on
which all the members of the Commission have been appointed.
SEC. 9. TERMINATION.
The Commission shall terminate 60 days after submitting its final
report pursuant to section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Amounts shall be made available to carry out this Act only to the
extent such amounts are made available in advance in appropriations
Acts. | National Commission on the Environment and National Security Act - Establishes a National Commission on the Environment and National Security to study the role in U.S. national security of security against global environmental threats. Directs the Commission to report on such study and make specific recommendations with respect to: (1) ways in which the United States might integrate concerns about such threats into its national security and foreign policy; (2) priority international actions to respond to such threats and resource commitments required to support them; and (3) possible institutional changes in the executive and legislative branches to ensure that environmental threats receive adequate priority in the national security policies and budgetary allocations of the United States. | billsum_train |
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